Oklahoma City Lawyer Blog
Don't Get Burned: Avoiding Misdemeanor Charges for Unlawful Burning
This blog post discusses the legal implications of unlawful burning in Oklahoma, covering both civil and criminal aspects. Unlawful burning occurs when an individual sets fire to property without the owner's permission, specifically on undeveloped or wild land. For the act to be deemed unlawful, the land must not belong to the individual, they must lack permission to burn, and the act must be careless or willful. Violators may face misdemeanor charges resulting in fines up to $500 and/or up to one year in jail, as well as potential civil liability for damages caused to the property owner. Read more »
Lawful Burning in Oklahoma: Your Rights and the Risk of Civil Liability
This blog post discusses the legal considerations for burning land in Oklahoma, focusing on the distinction between undeveloped and developed properties. Landowners can legally burn wildland for legitimate purposes such as removing invasive plants or maintaining property. However, they may still face civil liability if the fire causes damage to others or leads to injury or death. Additionally, potential criminal charges can arise from negligent burning. It is crucial for property owners to know local regulations and to notify authorities as required before conducting any burns. Read more »
Willful Neglect: Why Road Crews Get Charged with a Misdemeanor
This blog post discusses the legal responsibilities of road crews in Oklahoma regarding roadside fires, particularly focusing on the penalties for neglecting these duties. Under Okla. Stat. tit. 2 § 16-24, road foremen and maintenance crew members who willfully refuse or neglect to prevent or suppress such fires may face misdemeanor charges. Potential penalties include imprisonment for up to one year, fines up to $500, or both. The statute allows for consideration of valid reasons for non-intervention, but failing to act without sufficient cause could result in criminal charges. Read more »
The Fire Safety Law All Road Maintenance Employees Must Know
This blog post discusses the legal obligation of road construction and maintenance crews in Oklahoma to control and contain fires near roadways. According to Okla. Stat. tit. 2 § 16-22, personnel involved in roadwork—including contractors and employees of state and county agencies—are required to manage fires that occur along state highways, county roads, and public roads where they are operating. The statute emphasizes that all crew members must keep fires confined to the right-of-way of the roads they are working on. This ensures public safety while performing construction and maintenance activities. Read more »
Blocking the Road? That's a Felony: Interfering with Firefighters in OK
The blog post discusses the legal implications of interfering with or assaulting forest rangers and firefighters in Oklahoma. This offense, governed by Title 2, Section 16-6 of the Oklahoma Statutes, classifies willful acts of assault, molestation, or interference as felonies. The statute encompasses actions such as intentionally blocking access to roads to hinder firefighting efforts and damaging firefighting equipment. Any obstruction that prevents these officials from performing their duties can result in serious legal consequences, emphasizing the importance of respecting their roles during emergencies. Read more »
Start Your Scrap Metal Business: Mandatory Licensing in Oklahoma
To establish a scrap metal dealership in Oklahoma, one must obtain a license from the Oklahoma Department of Agriculture. The application process requires personal and business information, proof of general liability insurance, and proof of property ownership or lease. Additionally, a dedicated business phone line is necessary. There is a background check for individuals involved in the business and non-refundable application fees, typically around $200. Licensed dealers can only operate at the location specified in their application, and the license remains valid for one year unless voluntarily surrendered. Relevant statutes can be found in Title II, Sections 1197 and 1198 of Oklahoma law. Read more »
Food Storage Fines: Why Your Cooler Must Stay at 45 Degrees
This blog post discusses the storage and refrigeration requirements for eggs applicable to retailers and packer facilities in Oklahoma. Packer facilities must adhere to USDA regulations, while retailers are expected to store eggs at an ambient temperature of 45°F or lower. If eggs are not maintained at this temperature, they may need to be destroyed. Retailers are also required to display signage that informs employees of these refrigeration and storage standards. Failure to comply could result in egg destruction under the supervision of a Department of Agriculture agent. Read more »
Monopoly or Market Control? How the Competitive Livestock Markets Act Protects You
This blog post discusses the Competitive Livestock Markets Act, found in Title 2, Sections 9-160 through 9-164 of Oklahoma statutes. The Act aims to protect those in the livestock business by prohibiting unfair, deceptive, or discriminatory practices. Key prohibitions include creating monopolies, price manipulation, and territorial control to restrict market competition. Individuals impacted by such practices may pursue civil actions, which could involve declaratory relief or restraining orders. Additionally, if numerous stakeholders are affected, the situation may escalate to a class action lawsuit. Understanding these regulations is essential for compliance in the livestock industry. Read more »
Busting the Myth: When You Do Need a License to Hunt in Oklahoma
This blog post discusses the regulations governing wild boar hunting in Oklahoma, specifically referencing Title 2, Sections 6-604 and 6-605. It clarifies that hunting these animals may not require a license under certain conditions, such as hunting during daylight hours with landowner permission. However, a license from the Department of Wildlife Conservation is necessary for nighttime hunting, as outlined in Title 29, Section 4-135. Additionally, hunters must be aware of special permit requirements during designated hunting seasons. Exemptions may apply for individuals holding valid deer hunting licenses. Legal consultation is advised to ensure compliance with these laws. Read more »
Paternity Case Checklist: 8 Documents You MUST Prepare
The blog post provides guidance on what information to bring when opening a paternity case in Oklahoma. It explains that paternity matters involve parents who were not married at the time of a child’s birth, and addresses the legal recognition of the father’s rights and responsibilities. Key information to prepare includes the full names of both parents, details about the children (initials, dates of birth), residence history, and whether the children are tribal members. For child support matters, documentation of gross monthly income, health insurance details, and existing case numbers are also recommended for a smoother process. Read more »
Divorce Simplified: The Essential Information to Save You Time and Money
This blog post by Oklahoma City attorney Dillan Savage discusses practical steps to simplify the divorce process for individuals and their attorneys. Key recommendations include gathering essential information such as full names, marriage date and location, and residency details to establish jurisdiction in Oklahoma. It also highlights the importance of providing information about children involved, including their names and living arrangements, as well as details regarding existing child support cases. Additionally, the post emphasizes the need to compute and share financial data, such as gross monthly income and medical insurance responsibilities, to facilitate a more efficient meeting with legal counsel. Read more »
Show Your Patriotism: Your HOA Can't Tell You NO
Oklahoma City attorney Dillan Savage discusses the rights of homeowners regarding the display of the U.S. flag, particularly in the context of homeowner associations (HOAs). According to the Freedom to Display the American Flag Act of 2005, HOAs cannot prohibit homeowners who have ownership interests or exclusive use of their property from displaying the flag. The Act specifies that condominium associations, cooperative associations, or residential real estate management associations may not adopt policies that restrict flag displays by association members on their residential property. This regulation reinforces the rights of property owners to show their patriotism. Read more »
STOP HOA Discrimination: Know Your Rights in Oklahoma
Oklahoma City attorney Dillan Savage discusses the limitations imposed on homeowners' associations (HOAs) concerning discrimination in a video series. He highlights that under the Federal Fair Housing Act and the Oklahoma Fair Housing Act, HOAs cannot implement rules that discriminate based on factors such as race, age, nationality, gender, disability, familial status, or sexual orientation. Furthermore, he notes that rules that appear neutral but have discriminatory effects may also violate these laws. Savage provides a general overview of these legal protections, emphasizing the importance of compliance with fair housing regulations. Read more »
HOAs Cannot Foreclose on Servicemembers
This blog post by Oklahoma attorney Dillan Savage discusses the protections offered under the Servicemembers Civil Relief Act (SCRA) for active duty military members, including those in the National Guard and Reserves. It explains how HOAs can initiate foreclosure processes due to unpaid fines but highlights that the SCRA halts such actions during military service. The SCRA provides various protections, such as interest rate reductions on debts, safeguards against default judgments, and the ability to terminate leases due to deployment or relocation. This information aims to inform servicemembers about their rights under the SCRA. Read more »
The One Thing Your HOA Can't Stop You From Building
Oklahoma City attorney Dillan Savage discusses homeowners' associations (HOAs) and their limitations regarding bats in an informative video. Under the Endangered Species Act and state laws, approximately 15 bat species in Oklahoma are protected, some of which are endangered. Property owners may install bat houses to support bat populations, which helps control pests. If an HOA attempts to enforce the removal of a bat house without cause, it could violate these protections. Generally, as long as no significant issues arise, HOAs cannot override endangered species laws to interfere with bat houses. Read more »
$10,000 Fine & Prison: Understanding Bribery Laws in Oklahoma Agriculture
This blog post discusses the legal repercussions of bribery related to agricultural officials in Oklahoma. It highlights that bribing an officer, agent, or employee associated with the Oklahoma Department of Agriculture can result in fines ranging from $5,000 to $10,000 and prison sentences between one to three years. Conversely, employees or agents who accept bribes face similar penalties, including fines of $1,000 to $10,000 and mandatory minimum prison time of one year. The post emphasizes the significant risks involved for both parties in bribery cases under Oklahoma's agricultural laws, specifically Title 2. Read more »
Oklahoma's Most Forbidden Food Item
This blog post discusses the legal status of horse meat in Oklahoma, highlighting that it is illegal to exhibit for sale, sell, or possess horse meat with the intent of selling it for human consumption. The law applies to individuals as well as corporations and other business entities. The article emphasizes that, unlike in some other cultures, horses are primarily viewed as companions or in competitive sports rather than as a food source in the United States. Consequently, the sale of horse meat for human consumption is prohibited throughout the state of Oklahoma. Read more »
Selling Pork? Understanding Oklahoma's Strict Swine Feeding Regulations
Oklahoma law prohibits the feeding of garbage to swine, specifically targeting larger-scale operations that raise pigs for commercial purposes, as stated in 2 Okla. Stat. § 6-27. The statute defines garbage as putrescible waste from food handling and preparation, including animal carcasses. Exceptions exist for individuals who feed their own household garbage to their own pigs and for institutions feeding their waste to swine for their own use. However, feeding garbage to pigs with the intent of selling them is a violation of this law. Read more »
$1,000 Fine: The Risk of Improperly Labeling Your Produce as Organic in Oklahoma
This blog post outlines the requirements for selling, advertising, and labeling produce as 100% organic in Oklahoma. It emphasizes compliance with the Oklahoma Organic Food Act and the Organic Food Production Act of 1990. Key requirements include completing a producer or processor application, detailing production practices, and undergoing inspections by the Oklahoma Department of Agriculture. The post lists seven essential steps to ensure compliance, including proper record-keeping and managing co-mingling of organic and non-organic products. Violations may result in administrative fines or misdemeanor charges with penalties up to $1,000, highlighting the importance of adherence to these regulations. Read more »
The Full List: What You Are Legally Allowed to Sell at an Oklahoma Farmers Market
Dillan Savage, an attorney at Wirth Law Office in Oklahoma City, discusses the types of products permitted for sale at farmers' markets in Oklahoma as outlined in Title 2, Section 5-3A.4 of Oklahoma law. The allowable items include raw produce, eggs, properly licensed meat, and baked goods compliant with the Home Bakery Act of 2013. Additionally, processed foods must meet specific health requirements, with non-food items limited to 25% of total sales. For clarity on sale items, individuals are advised to consult market managers or an attorney for guidance on legal compliance. Read more »
The Oklahoma Farmers Market Act: Requirements for Managers and Vendors
This blog post by Oklahoma City business attorney Dillan Savage outlines the requirements for registering and operating a farmer's market in Oklahoma. To successfully register, a manager or advisory board member must authorize the registration with the Oklahoma Department of Agriculture and ensure compliance with the Oklahoma Farmer’s Market and Farmer’s Hub Act. Necessary documentation includes the market's location, contact information for the manager, letters of intent from at least four independent vendors of raw food products, and geographical details. The registered manager serves as the Department's official contact and is responsible for all submissions. Read more »
Oklahoma Branding Law: The Rules for Selling Branded Livestock
This blog post by Dillan Savage discusses Oklahoma laws concerning livestock branding, specifically focusing on brands reserved for state use as listed in Okla. Stat. tit. 2 § 4-10. It outlines the process for selling or transferring branded livestock, which requires the brand to be listed in the current State Brand Book. A written transfer document must be provided upon request during a sale per Okla. Stat. tit. 2 § 4-12. The post also highlights the historically significant Dog Iron brand, which is exclusive to descendants of Will Rogers. Read more »
1-Year Deadline: How Long You Have to Prove Ownership of Livestock Sale Proceeds
This blog post discusses the authority to hold funds from the sale of an animal whose ownership is disputed in Oklahoma. A police officer or a federally recognized livestock association can order the sale proceeds to be withheld until ownership is verified. If rightful ownership is established, funds will be returned; if not resolved within 30 days, the money is sent to the Oklahoma State Board of Agriculture, which holds it for one year. If ownership is proven within that time, the funds are released; otherwise, they are transferred to the State Department of Agriculture’s revolving fund. Read more »
Oklahoma's Felony Crop: The Surprising Law on Castor Beans
The commercial production of castor beans is illegal in Oklahoma due to the presence of ricin, a highly toxic substance. Individuals involved in the commercial cultivation of castor beans may face misdemeanor charges and fines up to $500. Additionally, transporting more than 50 pounds of commercially produced castor beans through Oklahoma, even if sourced from another state, is prohibited and carries similar penalties. The state enforces these regulations strictly to mitigate the risks associated with ricin. Read more »
Register or Post: Your Two Options for Legal Beekeeping in Oklahoma
The blog post discusses Oklahoma's voluntary registration program for honeybee apiaries, managed by the Oklahoma Department of Agriculture. Beekeepers can register their apiaries for a fee, receiving a registration number and access to details about nearby registered apiaries. Though registration is optional, unregistered apiaries must display the owner's contact information. If contact details are not provided, the Department has the authority to declare the apiary abandoned and destroy the bees or relocate them to another caretaker. The post emphasizes the benefits of registration and the implications of not participating in the program. Read more »
Your Rights to Beekeeping in Oklahoma Explained
Oklahoma law protects the establishment and maintenance of honeybee hives, stating that local governments cannot prohibit or interfere with beekeeping activities. According to Okla. Stat. tit. 2 § 3-125, while municipalities retain the authority to regulate the locations of apiaries through zoning ordinances, they cannot ban beekeeping outright or impose unreasonable restrictions. This legal framework ensures that anyone interested in beekeeping can do so while adhering to local zoning regulations. This information is particularly relevant for those involved in agriculture or local food production in Oklahoma. Read more »
Beyond Farming: Why Oklahoma's Plant Pest Laws Now Apply to the Cannabis Industry
This blog post examines the Oklahoma Department of Agriculture's regulatory authority over plants, pests, and diseases, particularly in relation to the emerging marijuana industry. It outlines the Department's powers, which include quarantining plants, regulating importation, requiring testing, halting plant movement during outbreaks, and identifying pest locations. Historically, these regulations primarily affected farmers and agricultural businesses, but the expansion of cannabis operations has broadened the audience needing to understand these laws. Overall, the Department's comprehensive control aims to protect public health and the state's agriculture while preventing the spread of invasive species and plant diseases. Read more »
Oklahoma's Unique Rule on Pollution You Never Learned in School
This blog post discusses the authority of the Oklahoma Department of Agriculture, Food, and Forestry regarding pollution control in Oklahoma. It outlines that causing pollution of air, water, or land is illegal under the Oklahoma Agricultural Code. The Department can issue a notice to cease such activities and may require corrective action to address environmental damage. Notably, manure is explicitly excluded from being classified as a hazardous substance under Title 2, Section 2-18.1 of the Oklahoma Statutes, indicating that while many pollutants are regulated, manure is not categorized as hazardous material under state law. Read more »
The Oklahoma Law That Can Fine You Thousands Per Day
The blog post discusses the potential fines and penalties for violations of the Oklahoma Code of Agriculture. Individuals accused of such violations will typically receive notice of proceedings from the Oklahoma Department of Agriculture, which may involve an administrative court hearing. Options for the hearing location include the county where the violation occurred, the county of residence, or the Department's offices in Oklahoma. Fines can range from $100 to $10,000 per violation, with the possibility of escalating penalties for continued violations. Additional consequences may include attorney's fees, court costs, and other penalties deemed appropriate by the court. Read more »
The Oklahoma Registry That Nobody Talks About
The Oklahoma Livestock Offender Registry, maintained by the Department of Agriculture, Food, and Forestry, includes individuals convicted under Title 21, Section 1716 of the Oklahoma Statutes. This section addresses the theft of domestic animals and agricultural equipment. Individuals found guilty of stealing animals such as dogs, cats, goats, or farm implements may be included in the registry. The information is made available to the public after a conviction, distinguishing it from charges that do not result in a guilty verdict. This registry serves to inform the community about offenders in relation to livestock crimes. Read more »
