CANAL OR BASIN, OR ANY PUBLIC PARK, SQUARE, STREET OR HIGHWAY; OR
FOURTH. IN ANY WAY RENDERS OTHER PERSONS INSECURE IN LIFE, OR IN THE USE OF PROPERTY, PROVIDED, THIS SECTION SHALL NOT APPLY TO PREEXISTING AGRICULTURAL ACTIVITIES.
IN ADDITION, THE STATUTES PERTAINING TO NUISANCES CONTAIN A PROVISION REGARDING THE POWER OF CITIES AND TOWNS TO DEFINE AND SUMMARILY ABATE NUISANCES WITHIN THEIR CORPORATE LIMITS:
"CITIES AND TOWNS IN THIS STATE SHALL HAVE THE RIGHT AND POWER TO DETERMINE WHAT IS AND WHAT SHALL CONSTITUTE A NUISANCE WITHIN THEIR RESPECTIVE CORPORATE LIMITS . . . AND WHEREVER IT IS PRACTICAL SO TO DO, SAID CITIES AND TOWNS SHALL HAVE THE POWER SUMMARILY TO ABATE ANY SUCH NUISANCE AFTER NOTICE TO THE OWNER, AND AN OPPORTUNITY FOR HIM TO BE HEARD, IF THIS CAN BE GIVEN." 50 O.S. 16
THE CASES DIVIDE NUISANCES INTO TWO CATEGORIES. A THING WHICH IS AT ALL TIMES A NUISANCE, IRRESPECTIVE OF ITS LOCATION AND ENVIRONMENT, IS A "NUISANCE PER SE". IN ALL OTHER CASES, WHAT IS A NUISANCE DEPENDS ON THE SURROUNDINGS AND OTHER CIRCUMSTANCES. PATTERSON V. ROXANA PETROLEUM CO., 109 OKLA. 89, 234 P. 713 (1925).
THERE ARE NO OKLAHOMA CASES WHICH ADDRESS WHETHER THE PARKING OF INOPERABLE OR UNREGISTERED VEHICLES IS A "NUISANCE". I FEEL QUITE CONFIDENT THAT SUCH WOULD NOT BE A NUISANCE PER SE AND, THEREFORE, THE SURROUNDINGS AND OTHER CIRCUMSTANCES MUST BE CONSIDERED. AN ORDINANCE AS BROAD AS THE ONE DESCRIBED IN YOUR QUESTION MIGHT TAKE IN SITUATIONS NOT MEETING THE STATUTORY DEFINITION OF NUISANCE.
IN SHORT, UNDER PROPER CIRCUMSTANCES THE MUNICIPALITY'S POWER TO DEFINE AND PREVENT NUISANCES MIGHT SUPPORT AN ORDINANCE PROHIBITING THE PARKING OF INOPERABLE/UNREGISTERED VEHICLES ON PRIVATE PROPERTY. HOWEVER, AN ORDINANCE WHICH PROVIDES NOTHING MORE THAN THAT POSED IN YOUR QUESTION WOULD PROBABLY NOT BE VALID.
IT IS IMPORTANT AT THIS POINT TO NOTE THAT TITLE 47 OF THE OKLAHOMA STATUTES, 1981, 2-108 (47 O.S. 2-108 (1981)), PLACES THE PRIMARY DUTY TO ADMINISTER AND ENFORCE LAWS RELATED TO VEHICLES AND HIGHWAYS UPON THE COMMISSION OF PUBLIC SAFETY. PART OF THIS RESPONSIBILITY IS TO ENFORCE VEHICLE REGISTRATION LAWS, WHICH REQUIRE EVERY OWNER OF A VEHICLE IN THIS STATE, REGARDLESS OF WHETHER IT IS ONLY PARKED OR ACTUALLY DRIVEN, TO REGISTER THE VEHICLE. 47 O.S. 1112 (1989). FURTHERMORE, THE DEPARTMENT OF PUBLIC SAFETY, THE TAX COMMISSION, AND "ALL OTHER DULY AUTHORIZED PEACE OFFICERS OF THIS STATE" ARE EMPOWERED TO SEIZE VEHICLES FOR WHICH THE REGISTRATION HAS BEEN EXPIRED IN EXCESS OF 90 DAYS. 47 O.S. 1115.1 (1990). CERTAIN PROCEDURES MUST BE FOLLOWED WHEN SEIZING SUCH VEHICLES. ID.
THIS SEIZURE AUTHORITY DOES NOT NECESSARILY PROHIBIT A MUNICIPALITY FROM TAKING INTO CONSIDERATION THE REGISTRATION STATUS OF VEHICLES IN ENACTING AN ORDINANCE WHICH PROHIBITS THE PARKING OF CERTAIN VEHICLES ON PRIVATE PROPERTY. IT PROBABLY WOULD, HOWEVER, PROHIBIT AN ORDINANCE WHICH PROVIDED FOR SEIZURE OF VEHICLES FOR FAILURE TO MAINTAIN AND DISPLAY EVIDENCE OF CURRENT REGISTRATION. THE KEY IS WHETHER THE LOCAL ORDINANCE IS INCONSISTENT WITH THE STATE LAW IN QUESTION. 11 O.S.