It is illegal for the owner of a bar to allow anyone inside to touch any of their ‘private parts’

.37-537.2.

No owner, operator, partner, manager, or person having supervisory control of any establishment licensed to sell or serve intoxicating beverages shall permit any of the following on or about any commercial premises where intoxicating beverages are dispensed or consumed:

1. The performance by any person of acts, or simulated acts, of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are otherwise prohibited by law;
2. The actual intentional touching or caressing or fondling by any person of the breasts, anus or genitals;
3. Any person on the licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the areola of the female breast or any portion of the pubic hair, buttocks or genitals; or
4. Any person to perform acts of, or acts which simulate, sexual acts which are prohibited by law, or permit any person to use artificial devices or inanimate objects to depict any prohibited activities or permit the showing of films, still pictures, electronic reproductions or other visual reproductions depicting any of the prohibited activities described in this paragraph.

If you’re caught in a death struggle with a bear, the Bear had better be the one who started the skirmish. That’s the law in Oklahoma.

And don’t you dare cause a horse to trip, or you’re going to jail. There’s no exception listed for equestrian competitions involving fences and other hurdles.

Bear Wrestling and Horse Tripping
       Section 1700 - Prohibition on Bear Wrestling Exhibitions or Horse Tripping Events - Penalty
Cite as: O.S. §, __ __

A. It is unlawful for any person to:

1. Promote, engage in, or be employed at a bear wrestling exhibition or horse tripping event;

2. Receive money for the admission of another person to any place where bear wrestling or horse tripping will occur;

3. Sell, purchase, possess, or offer a horse for any horse tripping event;

4. Sell, purchase, possess, or train a bear for any bear wrestling exhibition;

5. Subject a bear to alteration in any form for purposes of bear wrestling including, but not limited to, removal of claws or teeth, or severing tendons; or

6. Give any substance to a bear, inject any substance into a bear, or cause a bear to ingest or inhale any substance for the purposes of bear wrestling.

B. Any person violating the provisions of this section shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding one (1) year, or by a fine of not more than Two Thousand Dollars ($2,000.00), or by both such fine and imprisonment. In addition, the court may require the violator to make restitution and reimbursements to the state, any of its political subdivisions, or to any society which is incorporated for the prevention of cruelty to animals for housing, feeding, or providing medical treatment to any animals used or intended for use in violation of this section.

C. Upon the arrest of any person pursuant to any provision of this section, the arresting law enforcement agency or animal control office shall have authority to seize and take custody of all animals in the possession of the arrested person which are the basis of an arrest pursuant to the provisions of this section. Upon conviction, the court shall have authority to order the forfeiture of all animals seized which are the basis of the conviction pursuant to the provisions of this section. Any animals ordered forfeited may be placed in the custody of a society which is incorporated for the prevention of cruelty to animals.

D. As used in this section, “horse tripping” means to cause an animal of the equine species to fall or lose its balance with the use of a wire, pole, stick, rope or other object. The term does not include the lawful laying down of a horse for medical purposes or for the purposes of identification.

Historical Data

Laws 1996, SB 680, c. 197, § 1, emerg. eff. May 20, 1996.

stillthelaw:

  Oklahoma law allows for a will to be presented in probate even if it was not drawn up by an attorney. It doesn’t even require a notary. There is, however; a method of proving the veracity of the written & signed statement, in order to stand up in court.

  Dictionaries refer to this type of will as Olographic, or Holographic.

Olographic Will

The Louisiana term for what other states call a holographic will. This is a will that is entirely handwritten, signed, and dated by the person making it. It does not need to be notarized or witnessed.

§58-31.  Olographic will, how proved.

An olographic will may be proved in the same manner that other private writings are proved.
R.L.1910, § 6209.

stillthelaw:

In a previous post we discussed the role of county commissioners in establishing an orphanage & other functions.

The founders and leaders of our state govt. also direct the counties to deal with the other social welfare needs of their own county. 

Very little of these tasks are actually being provided by Oklahoma’s 77 county governments. Tulsa County reports that they do run a County Pharmacy which provides some very low-cost medications which were provided to the county from participating medical facilities who donate remaining unused meds that current & former patients were prescribed. They only dispense what they have in stock, at the time.

§56-31.  Overseers of the indigent.

The county commissioners of the counties of this state shall be overseers of the indigent for their respective counties, and shall perform all the duties with reference to the indigent of their counties that may be prescribed by law and under such restrictions as the county commissioners shall consider most advantageous for the interests of their respective counties and the welfare of the people therein.

R.L. 1910, § 4525.  Amended by Laws 1994, c. 87, § 3, eff. Sept. 1, 1994.

§56-32.  Duties of overseers.

The overseers of the indigent in each county shall have the oversight and care of all the indigent persons in their county so long as such persons remain a county charge.  Such overseers shall see that the indigent are taken care of in the manner provided by law, and under such restrictions as the county commissioners shall consider most advantageous for the interests of their respective counties and the welfare of the people therein.

R.L. 1910, § 4526.  Amended by Laws 1994, c. 87, § 4, eff. Sept. 1, 1994.

§56-32.1.  Authority to establish county department.

In all counties of this state having a population in excess of two hundred thousand (200,000), as shown by the last Federal Decennial Census, the boards of county commissioners are hereby given authority in their respective counties to establish a department which shall be known as the “Human Services Center” or “Social Services Center,” wherein may be housed the “Indigent Care Facility” and any other services for the care of the indigent which the board of county commissioners may deem to be in the best interests of their respective counties and the welfare of the people therein.

Added by Laws 1994, c. 87, § 5, eff. Sept. 1, 1994.

stillthelaw:

  Oklahoma statutes direct the courts to use the list of those with a valid Oklahoma Drivers License, to use as a database of potential jurors. And anyone under 18 or over 70 is exempted. People who have an Oklahoma Identification card (obtained by the Dept of Public Safety) are also included on the database.

  In addition to that group, individuals who have neither the ID card or the drivers license, can go to the court clerk and volunteer their name to be added to the database. 

  You can only be compelled to serve once in any 5-year span. There are statutory exemptions as well as those granted special exemptions by a district court judge.

  Here’s a list of the statutory exemptions  C.  Persons who are not qualified to serve as jurors are:

1.  Justices of the Supreme Court or the Court of Civil Appeals; 2.  Judges of the Court of Criminal Appeals or the district court; 3.  Sheriffs or deputy sheriffs; 4.  Licensed attorneys engaged in the practice of law; 5.  Persons who have been convicted of any felony or who have served a term of imprisonment in any penitentiary, state or federal, for the commission of a felony; provided, any such citizen convicted, who has been fully restored to his or her civil rights, shall be eligible to serve as a juror; and 6.  Legislators during a session of the Legislature or when involved in state business.

D.  Jailers or law enforcement officers, municipal, state or federal, shall be eligible to serve on noncriminal actions only. E.  Upon his or her request, a person shall be exempt from service as a juror if the person is:

1.  A member of the Armed Forces of the United States who is serving on active duty during a time of war or declared hostilities; or 2.  A mother who is breast-feeding a baby.

§38-18.  Licensed drivers list - Time period - Volunteers - Name and address changes.

For the purpose of ascertaining names of all persons qualified for jury service: 1.  The Commissioner of Public Safety shall cause to be provided to the Administrative Director of the Courts, not later than the first day of October of each year, a list by county of residence of persons who reside in the county, who are eighteen (18) years of age or older, and who are holders of a current driver license or a current identification license issued by the Department of Public Safety.  The list shall contain the name, date of birth, and mailing address of each person listed.  The list may be maintained in electronic format and shall be used exclusively for jury selection purposes.  The Administrative Director of the Courts and the court clerk shall not copy or permit any person to copy the list or any portion thereof for purposes other than jury selection; 2.  All names and addresses of the persons so listed under the provisions of paragraph 1 of this section shall be used thereafter in the selection of juries; provided, however, no jury panel shall be quashed because of a duplication of names; 3.  The list will be furnished by the Administrative Director of the Courts to the district courts according to the period of time and in the format prescribed by the Administrative Director of the Courts, and the district courts may maintain and use the list in electronic format as a necessary part of an approved electronic jury management system implemented pursuant to Section 13 of this act; 4.  The provisions of this section shall not be construed to preclude persons otherwise qualified to serve as jurors from volunteering for jury service in a manner prescribed by the Administrative Director of the Courts; and 5.  The Administrative Director of the Courts, the trial court administrator or the court clerk may accept changes or corrections in a mailing address or county of residence of a qualified juror from such qualified juror or from an electronic address verification process implemented pursuant to Section 13 of this act.  Changes may be accepted in any manner prescribed by the Administrative Director of the Courts.

 Added by Laws 1949, p. 279, § 1, emerg. eff. June 2, 1949.  Amended by Laws 1973, c. 204, § 1, emerg. eff. May 17, 1973; Laws 1974, c. 136, § 1, emerg. eff. May 3, 1974; Laws 1985, c. 273, § 1; Laws 1987, c. 134, § 1, eff. Oct. 1, 1987; Laws 1989, c. 348, § 20, eff. Oct. 1, 1989; Laws 1996, c. 58, § 1, eff. Nov. 1, 1996; Laws 1997, c. 400, § 12, eff. July 1, 1997; Laws 2002, c. 390, § 14, emerg. eff. June 4, 2002; Laws 2003, c. 234, § 1, eff. Nov. 1, 2003; Laws 2015, c. 242, § 5, emerg. eff. May 4, 2015.

stillthelaw:

  It’s called a ‘Sham Provision’. The state code actually uses the term to refer to frivolous legal initiatives in our civil court system. the law allows a County Court Clerk to exercise personal and professional judgment to determine if a petition to the court is a waste of time, mockery of the court, or worse.

  But fear not, there are remedies to overcome the potential abuse of power. One is a ‘writ of mandamus’. And the clerk must present that demand for review to the judge.

  Don’t let the Latin words fool you. Lawyers use that stuff all the time to try to either impress or intimidate us.  Mandamus means ‘we command’. We derive the word ‘mandate’ from that original root word.

§12-29.  Clerks to file and preserve papers - Refusal to file sham legal process.

A.  It is the duty of the clerk of each of the courts to file together and carefully preserve in his office, all papers delivered to him for that purpose, except as provided in subsection B of this section, in every action or special proceeding.

B.  The court clerk may refuse to file any document presented for filing if the clerk believes that the document constitutes sham legal process, as defined by Section 1533 of Title 21 of the Oklahoma Statutes.

C. 

 1.  Any person aggrieved by the refusal of a court clerk to file any document provided for in subsection A of this section may petition the district court for a writ of mandamus to compel the clerk to file the tendered document.
2.  At the time of refusal, the person aggrieved shall file a notice of refusal with the court clerk for the purpose of tolling any applicable statute of limitations in the event the person prevails in any action so commenced, if the person wishes for the statute of limitations to be tolled.  The refusal notice shall be submitted on a form provided by the court clerk, but must be filled out by the aggrieved party.  A copy of the instrument that the clerk refused to file must be attached to the notice of refusal.  The court clerk shall stamp the date of refusal on the notice of refusal.

stillthelaw:

  There are a lot of  ways a city official can get removed from office. Just missing half the meetings in a 4-month span is one such trigger.

§11-8-107.  Removal of officers.

  A municipal elected official may be removed from office for any cause specified by applicable state law for the removal of officers, and by the method or methods prescribed thereby.

Laws 1977, c. 256, § 8-107, eff. July 1, 1978.

§11-8-108.  Absence from governing body meetings.

  Whenever a member of the municipal governing body is absent from more than one-half of all meetings of the governing body, regular and special, held within any period of four (4) consecutive months, he shall thereupon cease to hold office.

Laws 1977, c. 256, § 8-108, eff. July 1, 1978.

stillthelaw:

 Shortly after World War One, the state legislature saw the need for each county to develop a comprehensive plan to respond to the crisis of orphaned & neglected children.

  This was in  a time when social welfare was seen as a county issue, rather than a state matter.

§10-131.  Powers of county commissioners - Commitment of children to other institutions, associations or corporations.

  The county commissioners of any county of this state having a population of not less than seventy-five thousand (75,000) persons, according to the last Decennial Federal Census, or any Decennial Federal Census hereafter taken, are hereby authorized and empowered, if they deem it necessary or expedient, to purchase a farm and to construct, establish, equip and maintain thereon, at the expense of the county, county supervised schools and homes for neglected and dependent boys and girls of such county, under the age of sixteen (16) years, who may be appointed to such schools by the district court of such county, and to make enlargements and additions thereto from time to time.  Such commissioners shall also have power to purchase farm equipment to be used in connection with such schools, to purchase materials, supplies and equipment for manual, vocational or other training or education, and to erect, enlarge, remodel, and repair such building, dormitories, residences, administration and school buildings, and barns and outbuildings as they may from time to time deem necessary or expedient.

  Provided, that such county commissioners may rent a suitable site and buildings for such purpose, and purchase the necessary equipment and supplies therefor.  Provided, further, that said county commissioners shall make no expenditures or contract for expenditures hereunder until a tax levy for such purposes shall have been made as hereinafter provided; and provided, further, that the district court of such county, may, in his discretion, commit dependent and neglected children to such other institutions as may be now or hereafter provided by law for such purposes, or to the care of some association or corporation willing to receive them, which said corporation or association embraces in its objects the purpose of caring for and obtaining homes for such neglected and dependent children.
Laws 1919, c. 297, p. 433, § 1; Laws 1925, c. 161, p. 257, § 1; Laws 1967, c. 367, § 1, emerg. eff. May 22, 1967.

stillthelaw:

  Our state code subjects the municipal governments to the same initiative petition process that is a cornerstone of our state’s constitution. The initiative petition process is binding and effective to change the way city government operates, and even organizes.

§11-15-101.  Initiative and Referendum - Powers.

  The powers of initiative and referendum, reserved by the Oklahoma Constitution to the people, are reserved to the people of every municipal corporation with reference to all legislative authority which it may exercise and amendments to municipal charters.

Laws 1977, c. 256, § 15-101, eff. July 1, 1978.

§11-15-102.  Procedure for initiative and referendum in municipalities.

  The procedure in municipalities which do not provide by ordinance or charter for the manner of exercising the initiative and referendum powers shall be governed by the Oklahoma Constitution and general state law, except as otherwise provided in Sections 15-101 through 15-110 of this title.  The duties required of the Governor by state law shall be performed by the mayor; the duties of the Secretary of State shall be performed by the municipal clerk; and the duties of the Attorney General shall be performed by the attorney for the municipality.  The procedure for initiative and referendum as to municipal legislation shall be as nearly as practicable the same as those for measures relating to the people of the state at large.

Laws 1977, c. 256, § 15-102, eff. July 1, 1978.

§11-15-103.  Petition - Form - Signatures - Time for filing.

A.  The form of the petition for either initiative or referendum in a municipality shall be substantially as provided in Sections 1 and 2 of Title 34 of the Oklahoma Statutes.  A true copy of each measure proposed by initiative and referendum shall be filed with the clerk of the municipality before it is circulated and signed by the registered voters.

B.  Every petition for either the initiative or referendum shall be signed by a number of the registered voters residing in the municipality equal to at least twenty-five percent (25%) of the total number of votes cast at the preceding general election or biennial town meeting if the municipality is subject to the Oklahoma Town Meeting Act.  The signatures to each petition shall be verified in the manner provided by law.

C.  Signed copies of an initiative petition shall be submitted to the clerk within ninety (90) days after the initial filing of the measure with the clerk.  Signed copies of a petition invoking a referendum upon any ordinance or resolution shall be submitted to the clerk within sixty (60) days after the passage of the ordinance or resolution.  Amendments to municipal charters may be proposed by an initiative petition, and signed copies of such petition shall be submitted to the clerk not less than sixty (60) days before the election at which the amendments are to be voted upon.

Added by Laws 1977, c. 256, § 15-103, eff. July 1, 1978.  Amended by Laws 1988, c. 105, § 18, eff. Nov. 1, 1988.  Amended by Laws 2016, c. 41, § 1, eff. Nov. 1, 2016.