Oklahoma § 19-868.11 - Zoning by board of county commissioners

§ 19-868.11. Zoning by board of county commissioners

The board of county commissioners is hereby empowered to adopt

zoning regulations effective in the unincorporated areas of the

county for the purposes of promoting the health, safety, peace,

morals, comfort and the general welfare of the inhabitants;

lessening danger and congestion in public transportation and travel;

securing safety from fire and other dangers; preventing overcrowding

of land; avoiding undue concentration of population; providing

adequate police protection, transportation, water, sewerage,

schools, parks, forests, recreational facilities, airports, military

and naval facilities, and other public requirements; and preventing

undue encroachment thereon. The zoning power hereby conferred shall

not be exercised so as to deprive the owner of any existing property

of its use or maintenance for the purpose to which it is then

lawfully devoted except as hereinafter provided; nor shall the

provisions of this act apply to the erection, installation and use

of structures and equipment by public utilities subject to the

jurisdiction and regulation of the Corporation Commission of the

State of Oklahoma or other similar state or federal regulatory

bodies; nor to the erection or use of the usual farm buildings for

agricultural purposes, the planting of agricultural crops or the

extraction of minerals.

Added by Laws 1972, c. 244, § 11, emerg. eff. April 7, 1972.

§19-868.11A. Board of county commissioners may establish fines and

penalties.

A. A board of county commissioners may provide for enforcement

of its regulations and establish fines, penalties or other remedies

for any offense in violation of its regulations, which shall be

recoverable together with costs of suit.

B. 1. In addition to other powers and duties prescribed by

law, a board of county commissioners shall have the power to

establish and enforce fines and penalties for violation of its

zoning, subdivision, storm water and floodplain regulations,

including the issuance of citations by designated county personnel

for violations of its zoning, subdivision, storm water and

floodplain regulations. A board of county commissioners may

additionally establish that any person who fails to correct a

violation for which a citation has been issued within the period

permitted for its correction may be assessed a fine or penalty for

each ensuing day during which such failure or violation continues.

2. In issuing a citation pursuant to this subsection, the

county employee shall proceed as follows:

Oklahoma Statutes - Title 19. Counties and County Officers

a.

the employee shall prepare a written citation to

appear in court, containing the name and address of

the cited person and the violation/offense charged,

and stating when the person shall appear in district

court. The time to appear specified in the citation

shall be at least five (5) days after the issuance of

the citation,

b.

one copy of the citation to appear shall be delivered

to the person cited, and such person shall sign a

duplicate written citation which shall be retained by

the county employee, and

c.

as soon as practicable, one copy of the citation shall

be filed with the district court specified therein and

one copy delivered to the prosecuting attorney.

3. If a person fails to appear in district court at the

designated time, a warrant for arrest shall be issued.

4. Violations and penalties shall be deemed misdemeanor

offenses, punishable by a fine of up to Five Hundred Dollars

($500.00). Jurisdiction is hereby conferred upon the district court

within the county.

5. Fines and penalties collected pursuant to this subsection

shall be deposited in the appropriate county fund.

6. Issuance of citations and/or payment of fines or penalties shall

in no way preclude other remedies or appropriate action or

proceedings

Added by Laws 2009, c. 271, § 4.