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Ex. DUT-OK-009 Standing duty Primary source read

11 O.S. 22-120 (with 22-121), in the Legislature's complete Title 11 (page 182 of the exhibit)

Public health, hospitals, quarantine, and environmental hazards; Nuisances

Oklahoma Legislature (Oklahoma Municipal Code, Title 11) · Oklahoma (State)

The COVID Project

The record

Jurisdiction
Oklahoma
Level
State
Authority
11 O.S. ch. 1, art. XXII (Powers of Municipalities); recited by Tulsa as '11 O.S. 22-120(A)' in Ordinances 24408 and 24490 (Ex. OK-064, OK-066)
Issued
1978-07-01 July 1, 1978
Effective
standing (read as 1978-07-01)
End
standing (read as 2021-09-30)
In force
Standing since July 1, 1978 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Capacity limitFace-covering requirementWorkplace rulesQuarantine and isolationStanding duty
Addressees
  • municipal governing bodies (power); through their ordinances, owners or persons in control of premises and businesses open to the public within the municipality
Character
statutory authority
Collection
Standing duties: Oklahoma DUT-OK

Operative words

The municipal governing body may enact and enforce such ordinances, rules and regulations as it deems necessary for the protection of the public health, not inconsistent with state law... The governing body may make regulations to prevent the introduction of contagious diseases into the municipality and may enforce quarantine laws within five (5) miles of the municipal limits.

Penalty

Municipal penalties under the ordinances (Tulsa: prosecution for trespass, disturbing the peace or disorderly conduct and citations by the Health Department and code officers, Ex. OK-064, OK-067; Norman: $50 to $500 per day for businesses, Ex. OK-080; Oklahoma City: Municipal Code sec. 15-40, Ex. OK-052)

What it required

Every Oklahoma municipality holds standing power to enact and enforce public-health ordinances and 'regulations to prevent the introduction of contagious diseases', and (22-121) to 'declare what shall constitute a nuisance, and provide for the prevention, removal and abatement of nuisances'; the face-covering, six-foot separation, signage, capacity and event-plan duties Tulsa, Norman, Stillwater and Oklahoma City wrote on places of public accommodation (Ex. OK-064, OK-066, OK-069, OK-080, OK-085, OK-086, OK-052, OK-053) were exercises of this power and were binding law within those cities, with citation authority and fines. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

Saved as the Legislature's complete-title PDF because OSCN's section pages were behind an automated-traffic challenge; cite with the page pin. Subsection B (environmental hazards) is not relied on. The Oklahoma City proclamations recite 21 O.S. 1321.9 and Oklahoma City Municipal Code secs. 15-37, 15-38 and 15-40 (Ex. OK-052 record); Norman recites Norman Code sec. 2-111 (Ex. OK-074 record).