§ 2-20-56 — Duties of owners and operators – Nuisance.

A. In addition to any other requirement of the Oklahoma Concentrated Animal Feeding Operations Act, animal feeding operations owners and operators who are granted an animal feeding operations license shall: 1. Provide adequate veterinarian services for detection, control, and elimination of livestock diseases; 2. Have available for use at all necessary times mechanical means of scraping, cleaning, and grading feed yards premises; and 3. Provide weather resistant aprons adjacent to all permanently affixed feed bunks, water tanks, and feeding devices. B. 1. Any animal feeding operation licensed pursuant to the Oklahoma Concentrated Animal Feeding Operations Act, operated in compliance with those standards, and in compliance with the rules promulgated by the Board, shall be deemed to be prima facie evidence that a nuisance does not exist; provided, no animal feeding operation shall be located or operated in violation of any zoning regulations. 2. Any animal feeding operation licensed pursuant to the Oklahoma Concentrated Animal Feeding Operations Act, operated in compliance with those standards, and in compliance with rules promulgated by the Board, that is located on land more than three (3) miles outside the incorporated limits of any municipality and which is not located within one (1) mile of ten or more occupied residences shall not be deemed a nuisance unless it is shown by a preponderance of the evidence that the operation endangers the health or safety of others.

Legislative History

Added by Laws 2007, c. 31, § 43, eff. Nov. 1, 2007.