HomeMy WebLinkAbout2019 05_Noise Nuissance_Pinnacle Performannce and Repair_2019.04.02OWASSO CITY COUNCIL
RESOLUTION NO. 2019 -05
A RESOLUTION OF THE OWASSO CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
DECLARING THE NOISE CURRENTLY PRODUCED BY A DYNAMOMETER MACHINE ON THE
PROPERTY OF PINNACLE PERFORMANCE AND REPAIR TO BE A NUISANCE; DEEMING IT
IMPRACTICAL TO SUMMARILY ABATE THE NUISANCE; AND, DIRECTING THE BRINGING OF
AN ACTION IN THE TULSA COUNTY DISTRICT COURT FOR THE PURPOSE OF ABATING SUCH
NUISANCE
WHEREAS, a nuisance is defined by Oklahoma statutory law and City of Owasso ordinance to
include unlawfully doing an act, or omitting to perform a duty, where such act or omission annoys,
injures or endangers the comfort, repose, health, or safety of others (OKRA. STAT. tit. 50, § l; Owasso Ord.
8- 301(A)(])); and,
WHEREAS, the City of Owasso has the right and power under Oklahoma statutory law and local
ordinance to determine what is and what shall constitute a nuisance within its corporate limits (OKLA.
STAT. tit. 50, § 16; Owasso Ord. 8 -306); and,
WHEREAS, the City of Owasso has determined that the noise generated by the operation of a
dynamometer machine by Pinnacle Performance and Repair, within City of Owasso corporate limits;
currently constitutes a nuisance; and,
WHEREAS, Oklahoma statutory law provides that the City of Owasso may deem it impractical
summarily to abate such nuisance (OKRA. STAT. tit. 50, § 17); and,
WHEREAS, Oklahoma statutory law deems it the duty of the governing body of City of Owasso,
by the adopting of a resolution, to direct the bringing of suit in the proper court for the purpose of
abating any such nuisance the City of Owasso deems impractical summarily to abate (OKLA. STAT. tit. 50,
§ 17).
NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
that the noise emanating from the premises of Pinnacle Performance and Repair, by and through the
current use of its dynamometer, is hereby declared a nuisance; and,
IT IS FURTHER RESOLVED that it is impractical summarily for the City of Owasso to abate the
nuisance; and, therefore,
IT IS FURTHER RESOLVED that attorney Keith Wilkes, of the Hall Estill law firm, shall be and is hereby
directed to bring suit in Tulsa County District Court, for the State of Oklahoma, against Pinnacle
Performance and Repair, for the purpose of abating the nuisance, a d pursuing any and all other
appropriate remedies and �elief-available by law to City of Owasso.
APPROVED PTE is;2nd day of April, 2019, by the i u cil of the of Owasso,
U
Oklahoma � �? �FrTCinL
r "
Chris Kelley,.Mayor
Attest. "-
J I n M. Stei+e Cl
ns, ° etk.,*
Approve As To Form; mU
lie Lombardi, City Attorney