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HomeMy WebLinkAboutPart 13 Public Safety Public Safety PART 13 PUBLIC SAFETY CHAPTER 1 FIRE PREVENTION CODE ARTICLE A FIRE PREVENTION Section 13-101 Adoption of Fire Prevention Code Section 13-102 Fire Department to Enforce Code Section 13-103 Modifications Section 13-104 Appeals Section 13-105 New Materials, Processes, or Occupancies Which May Require Permits Section 13-106 Penalties ARTICLE B EXPLOSIVES Section 13-110 Explosives defined Section 13-111 Classification of explosives Section 13-112 Manufacture prohibited Section 13-113 Class One (1) explosives prohibited Section 13-114 Storage of Class Two (2) explosives Section 13-115 Magazines; rules and regulations; Class Two (2) explosives Section 13-116 Capping Section 13-117 Deteriorated explosives Section 13-118 Transportation of explosives Section 13-119 Driving requirements Section 13-120 Discharge in city Section 13-121 Regulating permitted blasts Section 13-122 Fees Section 13-123 National fire protection association regulations Section 13-124 Penalty CHAPTER 2 FIRE DEPARTMENT ARTICLE A ORGANIZATION Section 13-201 Fire Department Created, Chief Section 13-202 Appointment of Officers, Accountability Section 13-203 Duties of the Fire Chief Section 13-204 Membership Section 13-205 Suspension or Discharge of Member of Fire Department Section 13-206 Equipment Section 13-207 Care of Apparatus and Equipment Section 13-208 Fire Alarms Section 13-209 Private Use of Equipment Prohibited Section 13-210 Entering Place Where Fire Equipment is Housed, Prohibited Section 13-211 Hiring Out or Removing Apparatus from City Limits, Prohibited; Exceptions Section 13-212 Special Duty of Chief of Police or Other Law Enforcement Officers Page 13-1 Public Safety Section 13-213 Authority to Extinguish Fires Section 13-214 Police Powers of Fire Department Members Section 13-215 Members May Wear Badge Section 13-216 Insignias; Sirens Section 13-217 Special Social Officers Section 13-218 Volunteer Firefighters Section 13-219 Rules and Regulations ARTICLE B MUTUAL AID AND CALLS OUTSIDE LIMITS Section 13-220 Contracts With Nearby Communities Authorized Section 13-221 Fire Protection Outside the City Limits Section 13-222 Charges for Outside Aid Section 13-223 Runs Outside City Limits; Exceptions Section 13-224 Firefighters Serving Outside City Limits; Entitled to All Benefits Section 13-225 Fire Department; Agent of State ARTICLE C AMBULANCE SERVICE Section 13-230 Definitions Section 13-231 Organization Section 13-232 Service Provided Section 13-233 Area of Service Section 13-234 Persons served Section 13-235 Extent of Service Provided Section 13-236 Funding for Ambulance Service Section 13-237 Establishment of Funds, Utilization of Revenues Section 13-238 Fee Diminution Section 13-239 Ambulance Service Review CHAPTER 3 POLICE DEPARTMENT Section 13-301 Police Department Created; Chief Section 13-302 Duties Section 13-303 Police Officers Section 13-304 Police Reserve Established CHAPTER 4 CIVIL DEFENSE Section 13-401 Purpose of Civil Defense Organization, Definitions Section 13-402 Office of Civil Defense Created Section 13-403 Director of Civil Defense; Powers and Duties Section 13-404 Further Powers and Duties Section 13-405 Director's Usual Powers Section 13-406 Powers in Enemy Caused Emergency Section 13-407 Powers in Natural Emergency Section 13-408 Not Liable for Personal Injury or Property Damage Section 13-409 May Accept Gifts, Loans Section 13-410 Penalty Section 13-411 Office space, Equipment and Supplies Page 13-2 Public Safety Section 13-412 Discrimination Prohibited CHAPTER 5 UNCLAIMED PROPERTY IN CUSTODY OF POLICE Section 13-501 Definitions Section 13-502 Stolen Property and Abandoned or Unclaimed Property Section 13-503 Sale of Stolen, Abandoned or Unclaimed Property Section 13-504 Record of Sale, Use of Funds Section 13-505 Recovery by Owner CHAPTER 6 911 EMERGENCY TELEPHONE SERVICE Section 13-601 Short Title Section 13-602 Definitions Section 13-603 Emergency Telephone Fee Section 13-604 Collection of Fee Section 13-605 Administration of Emergency Telephone Service Section 13-606 Emergency Telephone Service Management Board Created Section 13-607 Duties of the Emergency Telephone Service Management Board Section 13-608 Termination of Fee Section 13-609 Failure to remit Fee Section 13-610 False Reporting Page 13-3 Public Safety CHAPTER 1 FIRE PREVENTION CODE ARTICLE A FIRE PREVENTION Section 13-101 Adoption of Fire Prevention Code Section 13-102 Fire Department to Enforce Code Section 13-103 Modifications Section 13-104 Appeals Section 13-105 New Materials, Processes, or Occupancies Which May Require Permits Section 13-106 Penalties ARTICLE B EXPLOSIVES Section 13-110 Explosives Defined Section 13-111 Classification of Explosives Section 13-112 Manufacture Prohibited Section 13-113 Class One (1) Explosives Prohibited Section 13-114 Storage of Class Two (2) Explosives Section 13-115 Magazines; Rules and Regulations; Class Two (2) Explosives Section 13-116 Capping Section 13-117 Deteriorated Explosives Section 13-118 Transportation of Explosives Section 13-119 Driving Requirements Section 13-120 Discharge in City Section 13-121 Regulating Permitted Blasts Section 13-122 Fees Section 13-123 National Fire Protection Association Regulations Section 13-124 Penalty ARTICLE A FIRE PREVENTION SECTION 13-101 ADOPTION OF FIRE PREVENTION CODE There is hereby adopted by the city council for the purposes of prescribing regulations governing conditions hazardous to life and property from fire or explosion that certain code known as International Fire Code, latest edition, including Appendix Chapters B,C and D as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Owasso, in the State of Oklahoma for regulating and governing the conditions and maintenance of all property, buildings, and structures; by providing the standard for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of building and structures unfit for human occupancy and use and the demolition of such structures as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the city clerk’s office of the City of Owasso are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in this ordinance. (Ord. No. 922, 7/01/08) Page 13-4 Public Safety SECTION 13-102 FIRE DEPARTMENT TO ENFORCE CODE A. The Fire Chief of the Owasso Fire Department and designees may be authorized to issue a citation for violations of the Fire Code as adopted in Section 13-101 of the Owasso Code of Ordinances and for violations of such other provisions within the Owasso Code of Ordinances that may be appropriate. The citations shall state the date, location, and violation and shall direct the defendant to appear in the Owasso Municipal Court on a designated day and/or pay the required fine by the designated court date. The citation shall state that if the defendant fails to appear within the time specified or pay the fine, a warrant for failure to appear or failure to pay may be issued, which may result in the defendant being arrested. B. The Fire Chief may appoint members of the Fire Department as inspectors as needed. (Ord 1130, 6/5/18) SECTION 13-103 MODIFICATIONS The chief of the fire department shall have power to modify any of the provisions of the code hereby adopted in his own discretion or upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the letter of the code, provided that the spirit of the code shall be observed, public safety secured and substantial justice done. The particulars of such modifications when granted or allowed and the decision of the chief of the fire department thereon shall be entered upon the records of the department and for applications requesting change, a signed copy shall be furnished the applicant. (Prior Code, Sec. 8-14) SECTION 13-104 APPEALS Whenever the chief of the fire department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief of the fire department to the city council within thirty (30) days from the date of the decision appealed. SECTION 13-105 NEW MATERIALS, PROCESSES, OR OCCUPANCIES WHICH MAY REQUIRE PERMITS The chief of the fire department and two (2) persons appointed by the mayor with approval of the council shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes, or occupancies, which shall require permits, in addition to those now enumerated in the code. The fire chief shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. (Prior Code, Sec. 8-15) SECTION 13-106 PENALTIES A. Any person who violates any of the provisions of the fire prevention code hereby adopted or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction, within the time fixed therein, shall severally for every such violation and noncompliance respectively, be guilty of an offense, punishable by a fine as provided in Section 1-108 of this code, including costs. The imposition of one penalty for Page 13-5 Public Safety any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. B. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. (Prior Code, Sec. 8-16) ARTICLE B EXPLOSIVES SECTION 13-110 EXPLOSIVES DEFINED The term "explosive" or "explosives, whenever used in this article shall be held to mean and include any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion, that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture which may cause a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life and limb. (Ord. No. 371, 7/7/87) Cross Reference: See also Section 10-305 on explosives. SECTION 13-111 CLASSIFICATION OF EXPLOSIVES Classification of explosives is as follows: 1. Class one (1) explosives shall be liquid nitroglycerine; high explosives containing over sixty percent (60%) of nitroglycerine (except gelatin dynamite); high explosives having an unsatisfactory absorbent or that permit leakage of nitroglycerine under any conditions liable to exist during transportation or storage; a quantity greater than ten (10) pounds in one exterior package of nitrocellulose in a dry and uncompressed condition, and fulminate of mercury in bulk in a dry condition, and fulminate of all other metals in any condition, except as a component of manufactured articles not hereinafter forbidden; or explosives containing an ammonium salt and a chlorate; 2. Class two (2) explosives are black powder, high explosive (except as described in class one (1), dynamite, blasting caps and electric blasting caps, smokeless powder for small arms, wet fulminate of mercury and detonating fuses; and 3. Class three (3) explosives are small arms ammunition (blank, ball or shot), primers, fuses (except as described in class two (2), safety fuses, safety squibs, and any other explosives not enumerated in class one (1) and class two (2) and declared by the fire chief or his designee to be relatively safe. (Ord. No. 371, 7/7/87) SECTION 13-112 MANUFACTURE PROHIBITED It is unlawful for any person, association, firm, or corporation, to manufacture any explosive within the corporate limits of the city, except that any class two (2) and class three (3) explosives may be manufactured in laboratories of the public school system, and similar institutions for the purpose of investigation and instruction and provided that hand loading of black powder weapons and small arms ammunition for private use shall be allowed. The mixture of two (2) or more explosives for immediate use for blasting shall not be considered a violation of this article. (Ord. No. 371, 7/7/87) Page 13-6 Public Safety SECTION 13-113 CLASS ONE (1) EXPLOSIVES PROHIBITED It is unlawful for any person, association, firm, or corporation, to have, keep, store, sell, offer for sale, give away, use, transport or have in his possession in the city, any class one (1) explosive. (Ord. No. 371, 7/7/87) SECTION 13-114 STORAGE OF CLASS TWO (2) EXPLOSIVES Under no circumstances shall any person, association, firm, or corporation, keep or store any explosives on any premises which are used and occupied as a school, theater, church, or other place of public assembly and further, no person shall keep or store any class two (2) explosives at any location, except in a properly authorized magazine. The type and location of storage magazines must be approved by the fire chief or his designee of the city. The amount of class two (2) explosives stored in any one magazine shall be limited to fifty (50) pounds. (Ord. No. 371, 7/7/87) SECTION 13-115 MAGAZINES; RULES AND REGULATIONS; CLASS TWO (2) EXPLOSIVES A. Explosive magazines shall be made of fireproof materials and shall be conspicuously marked "magazine explosives". B. Each magazine shall be kept locked during the night, and at all times when the room in which it is kept is not occupied by safe and trustworthy persons; and all magazines must be kept clean and free from grit, paper, rubbish, and empty packages. C. It is unlawful to place, keep or store any blasting caps or detonators of any kind in the same magazine with other explosives. D. Packages of explosives in a magazine must be neatly piled in such a way that all of them may be easily examined, and packages of high explosives must always be placed right side up. E. An accurate inventory or log shall be kept showing quantity of explosive stored, date of acquisition, date of removal and purpose of removal, which shall at all times be subject to the inspection of the fire chief or his designee of the city, and when any kind of explosive is removed from the magazine, the oldest of that particular kind must always be taken, and it shall be the duty of the magazine keeper to see that is done. F. No smoking, matches, firearms, or other things which might discharge or cause the discharge of explosives in the city, shall be permitted within one hundred (100) feet of any magazine. (Ord. No. 371, 7/7/87) SECTION 13-116 CAPPING It is unlawful for any person, association, firm, or corporation, to cap a cartridge within a radius of fifty (50) feet of magazine, or in any case to cap more cartridges than necessary for immediate use. (Ord. No. 371, 7/7/87) SECTION 13-117 DETERIORATED EXPLOSIVES If any explosive is contained in a magazine so as to be in a dangerous condition, then the magazine keeper must immediately remedy the cause; or should the fire chief or his designee receive a report of deteriorated or leaking explosives, the fire chief or his designee must cause it to be removed outside the corporate limits of the city, and disposed of as he may deem fit, at the expense of the magazine keeper. (Ord. No. 371, 7/7/87) SECTION 13-118 TRANSPORTATION OF EXPLOSIVES A. It is unlawful for any person, association, firm, or corporation, to transport or carry any explosives within the corporate limits of the city, in or upon any public conveyance. Page 13-7 Public Safety B. It is unlawful for any person, association, firm, or corporation, to place or carry or cause to be placed or carried, in any vehicle, a container containing class two (2) explosives, any exploders, detonators, blasting caps or other similar explosive material. C. It is unlawful for any person, association, firm, or corporation, in the transportation of class two (2) explosives to stop such conveyance in any populated area within the city limits, except pursuant to a permit secured as set out herein. Every vehicle, while carrying class two (2) explosives, shall display upon an erect pole at the front end of such vehicle and at such height that it shall be visible from all directions, a red flag with the word "DANGER" printed, stamped or sewed thereon in white letters at least eight (8) inches in height, or in lieu of such flag the word "EXPLOSIVES" must be painted on, or attached to the rear end and each side of such vehicle in letters at least eight (8) inches in height. (Ord. No. 371, 7/7/87) SECTION 13-119 DRIVING REQUIREMENTS It is unlawful for any person, association, firm, or corporation, in charge of a vehicle containing class two (2) explosives, to smoke in, upon or near such vehicle, to drive, load or unload the vehicle while intoxicated, or to load or unload such vehicle in a careless or reckless manner. (Ord. No. 371, 7/7/87) SECTION 13-120 DISCHARGE IN CITY A. It is unlawful for any person, association, firm, or corporation, to use or discharge any class two (2) explosives within the corporate limits of the city, except in connection with blasting operations or demolitions by proper permit or where authorized by ordinance. B. No person, association, firm, or corporation, shall blast or carry on any blasting operations without first having obtained permission from the inspections department of the city. The applicant for such permit must file a certificate of blasting liability insurance coverage in an amount of not less than Ten Thousand Dollars ($10,000.00) or a greater amount as deemed adequate in each case, as determined by the inspections department, to become available for the payment of any real and actual damages or injury to persons or property arising from the blasting or from the injury to persons or property arising from the blasting or from the neglect of the person blasting or his agents or employees, the amount of the insurance not being a limit to the liability of the person blasting. C. In applying for a permit, the person, association, firm, or corporation blasting must present a plan showing the location, expected time of blasting, size of charge, type of explosive and any other information requested or pertaining to the blasting operation, including but not limited to a pre-blasting survey of dwellings, structures, pipe lines, transmission lines, utility service lines and other information. The pre-blasting survey shall determine the condition of the structures in terms of resistance to vibrations of structural and nonstructural elements, and document any pre-blasting damage, weakness, and other physical factors that could reasonably be expected to be affected by the blasting. The survey shall be prepared and signed by the person or persons who conducted the survey and shall specify the recommended weights of individual charges that would prevent damage to the structures examined in the area and state, if applicable, and the effects repeated blasting will have on structural fatigue. Eases upon this survey the inspections department may require the permittee or operator to prevent damage by measures such as reinforcing the structures (provided consent of the owner is received), redesign of the blasting plan, or prohibition of blasting in the vicinity of the structure. (Ord. No. 371, 7/7/87) Page 13-8 Public Safety SECTION 13-121 REGULATING PERMITTED BLASTS A. All blasting by class two (2) explosives shall be blanketed with mats, wire mesh, dirt or other material to prohibit any debris or material from being discharged into the air in excess of six (6) feet. B. All class two (2) explosives shall be transported, handled, stored and used under the direction and supervision of a person of proven experience and ability in blasting operations or experienced and able in the discharge of explosives. C. All discharge of class two (2) explosives or blasting operations shall be prohibited within a minimum of three hundred (300) feet of structures, overhead power lines, communication lines, or utilities services lines, or within a greater distance as may be deemed necessary by the inspections department, without first giving written notice to the owners, operators, or occupants thereof. The blasting areas shall be marked with signs warning of the blasting and stating that precautions should be taken with electrical equipment and radio transmitters when within one thousand (1,000) feet of the blast site, and a warning signal or statement shall be sounded prior to any blasting. After blasting, the areas shall be thoroughly inspected by the person blasting and an all clear signal or announcement sounded prior to permitting anyone to enter the blasting site area. D. The blasting site and areas within three hundred (300) feet thereof where class two (2) explosive blasting, loading and preparation for blasting is going on shall be kept free of any and all equipment and any and all persons not essential to such loading or preparation for blasting. All tamping is to be accomplished by the use of a wooden stock or device having no metal parts, and there shall be a separation of at least fifty (50) feet between a loaded hole and any drilling operations in preparation of additional blasts. All loaded holes shall be fired on the same shift that they are loaded, and the person in charge of blasting shall clear all unexploded holes and charges and shall not leave the site until all unexploded charges shall have been removed or detonated pursuant to a permit. The insertion of a drill, pick or bar in an unexploded hole shall not be permitted. E. A record of each blast shall be made and retained and shall be available for inspection by the inspections department, and the public upon request. The record shall contain the following data: 1. Name of permittee, operator, or other person conducting the blast; 2. Location, date, and time of blast; 3. Name of blaster in charge; 4. Weather conditions; 5. Type of material blasted; 6. Number of holes, burden, and spacing; 7. Diameter and depth of hole; 8. Types of explosives used; 9. Total weight of explosives used; 10. Maximum weight of explosives per delay period of eight (8) milliseconds or less; Page 13-9 Public Safety 11. Maximum number of holes per delay period of eight (8) milliseconds or less; 12. Method of firing and type of circuit; 13. Type and height of length of stemming; 14. If mats or other protections were used; and 15. Type of delay electric blasting caps used, and delay periods used. (Ord. No. 371, 7/7/87) SECTION 13-122 FEES In applying for a permit to discharge class two (2) explosives in the city, the person, association, firm, or corporation blasting shall pay to the city clerk of the city, the sum of Twenty Dollars ($20.00) for each day of blasting. (Ord. No. 371, 7/7/87) SECTION 13-123 NATIONAL FIRE PROTECTION ASSOCIATION REGULATIONS Unless otherwise specifically provided for herein, the manufacture, storage, placement, transportation, capping, or blasting of class two (2) or class three (3) explosives, as defined herein, shall at all times be in compliance with the most current regulations pertaining to explosives of the National Fire Protection Association. (Ord. No. 371, 7/7/87) SECTION 13-124 PENALTY Violation of any of the requirements imposed by this article shall, upon conviction, subject the violator to the penalties as provided for under Section 1-108 of the code of ordinances of the city. (Ord. No. 371, 7/7/87) Page 13-10 Public Safety CHAPTER 2 FIRE DEPARTMENT ARTICLE A ORGANIZATION Section 13-201 Fire Department Created, Chief Section 13-202 Appointment of Officers, Accountability Section 13-203 Duties of the Fire Chief Section 13-204 Membership Section 13-205 Suspension or Discharge of Member of Fire Department Section 13-206 Equipment Section 13-207 Care of Apparatus and Equipment Section 13-208 Fire Alarms Section 13-209 Private Use of Equipment Prohibited Section 13-210 Entering Place Where Fire Equipment is Housed, Prohibited Section 13-211 Hiring Out or Removing Apparatus from City Limits, Prohibited; Exceptions Section 13-212 Special Duty of Chief of Police or Other Law Enforcement Officers Section 13-213 Authority to Extinguish Fires Section 13-214 Police Powers of Fire Department Members Section 13-215 Members May Wear Badge Section 13-216 Insignias; Sirens Section 13-217 Special Social Officers Section 13-218 Volunteer Firefighters Section 13-219 Rules and Regulations ARTICLE B MUTUAL AID AND CALLS OUTSIDE LIMITS Section 13-220 Contracts With Nearby Communities Authorized Section 13-221 Fire Protection Outside the City Limits Section 13-222 Charges for Outside Aid Section 13-223 Runs Outside City Limits; Exceptions Section 13-224 Firefighters Serving Outside City Limits; Entitled to All Benefits Section 13-225 Fire Department; Agent of State ARTICLE C AMBULANCE SERVICE Section 13-230 Definitions Section 13-231 Organization Section 13-232 Service Provided Section 13-233 Area of Service Section 13-234 Persons Served Section 13-235 Extent of Service Provided Section 13-236 Funding for Ambulance Service Section 13-237 Establishment of Funds, Utilization of Revenues Section 13-238 Fee Diminution Section 13-239 Ambulance Service Review Page 13-11 Public Safety ARTICLE A ORGANIZATION SECTION 13-201 FIRE DEPARTMENT CREATED, CHIEF There is a fire department, created for the purpose of fire prevention and protection, the head of which is the chief of the fire department or fire chief, one assistant chief and other officers as the chief and city manager deem necessary. The chief of the fire department is an officer of the city and has supervision and control of the fire department. He is also the chief administrative officer in charge of all emergency medical and ambulance services. (Ord. 313, 11/3/81) State Law Reference: Municipal fire department generally, 11 O.S. Sections 29-101 et seq. SECTION 13-202 APPOINTMENT OF OFFICERS, ACCOUNTABILITY A. The chief shall be appointed by the city manager for an indefinite period of time, and his tenure of office shall depend upon his good conduct and efficiency. The chief shall be technically qualified by training and experience and shall have the ability to command men and hold their respect and confidence. He shall be removed only for just cause. The fire chief shall have the right to a hearing before the personnel board of the city as provided in this code. B. The chief shall be held accountable to the city manager only, and shall make written and verbal reports thereto as the city manager may require. All other department and company officers shall be accountable to the chief only. C. The assistant chief and all other department and company officers shall be appointed by the chief, subject to the approval of the city manager of the city. Such officers shall be accountable to the chief, and subject to removal by him. Any dismissed officer may appeal for a hearing as is prescribed by the charter, Sections 8-3 et seq. (Ord. No. 313, 11/3/81) SECTION 13-203 DUTIES OF THE FIRE CHIEF A. The city manager and the chief of the fire department of the city shall formulate a set of rules and regulations to govern the department and the chief shall be responsible to the city manager for the personnel, morale, and general efficiency of the department. B. The chief: 1. Shall determine the number and kind of companies of which the department is to be composed and shall determine the response of such companies to alarms; 2. At least twice a month shall conduct suitable drills or instruction in the operation and handling of equipment, first aid and rescue work, salvage, a study of buildings in the City of Owasso, Oklahoma, fire prevention, water supplies, and all other matters generally considered essential to good firemanship and safety of life and property from fire; 3. Shall assist the proper authorities in suppressing the crime of arson by investigating or causing to be investigated the cause, origin, and circumstances of all fires, and make and file a report thereof as a permanent record; 4. May enter any and all buildings and premises at any reasonable hour for the purpose of making inspections and to serve written notice upon the owner or occupant to abate, within a specified time, any and all fire hazards that may be found; 5. Shall provide that complete records are kept of all fires, inspections, apparatus and minor equipment, personnel and other information relating to the work of the department; Page 13-12 Public Safety 6. Shall report monthly to the city manager of the city as to the condition of the apparatus and equipment, the number of fires during the month, their location and cause and date of same and loss occasioned thereby; the number and purpose of all other runs made; and the number of members responding to each fire or other run, and any changes in membership; 7. Shall make a complete annual report to the city manager within one month after the close of the fiscal year, such report to include the information specified together with comparative data for previous years and recommendations for improving the effectiveness of the department. A copy of such report shall be sent to the Oklahoma Inspection Bureau; 8. Shall have full power, control and command over all persons whomsoever present at fires, and he shall direct the use of all fire apparatus and equipment, and command all firemen in the discharge of their duties. He shall take such measures as he may deem necessary in the preservation and protection of property and the extinguishing of fires; SECTION 13-204 MEMBERSHIP The membership of the department shall consist of such persons as may be appointed by the chief and approved by the city manager. Determination of whether candidates for appointment are able-bodied shall be made by the chief subsequent to approval of Oklahoma State Firefighters and Pension Board after a medical and physical examination has been made in a manner prescribed by the board. The chief may appoint a member residing within a radius of twelve (12) miles or twenty (20) minutes from the central fire station. All members shall be on a twelve (12) month probationary period commencing from date of hiring. SECTION 13-205 SUSPENSION OR DISCHARGE OF MEMBER OF FIRE DEPARTMENT Any member of the department, except a member appointed on a temporary basis or a voluntary member, may be suspended or discharged from the department by the chief at any time he may deem such action necessary for the good of the department. The chief may arbitrarily suspend or discharge a temporary member or volunteer. A suspended or discharged member shall be given a public hearing on charges brought by the chief, on written notice to the personnel board filed with the city clerk within ten (10) days following a notice of suspension or discharge. SECTION 13-206 EQUIPMENT The department shall be equipped with such apparatus and other equipment as may be required from time to time to maintain its efficiency and properly protect life and property from fire. Recommendations of apparatus and equipment needed shall be made by the chief, and after approval by the city manager may be purchased in such manner as may be designated by the city council. SECTION 13-207 CARE OF APPARATUS AND EQUIPMENT All equipment of the department shall be safely and conveniently housed in such places as may be designated by the city manager. Such places shall be heated during the winter season if any equipment is subject to damage by freezing. SECTION 13-208 FIRE ALARMS Suitable arrangements or equipment shall be provided for citizens to turn in an alarm, and for notifying all members of the department so that they may promptly respond. Page 13-13 Public Safety SECTION 13-209 PRIVATE USE OF EQUIPMENT PROHIBITED No person shall use any fire apparatus or equipment for any private purpose, nor shall any apparatus, equipment or any material used in any way by the department be taken away or concealed by any person. SECTION 13-210 ENTERING PLACE WHERE FIRE EQUIPMENT IS HOUSED, PROHIBITED No person shall enter any place where fire apparatus is housed or handled or place where such is stored, or handle any apparatus or equipment belonging to the department, unless accompanied by, or having the special permission of an officer or authorized member of the department. SECTION 13-211 HIRING OUT OR REMOVING APPARATUS FROM CITY LIMITS, PROHIBITED; EXCEPTIONS No apparatus shall be hired out or permitted to leave the limits of the city, except in response to a call for aid at a fire in a neighboring community, without the consent of the chief. The officer in charge of the department shall have power to assign equipment for response to calls for outside aid in accordance with Section 13-321 of this chapter, and in other cases only when the absence of such equipment will not jeopardize protection in the city. SECTION 13-212 SPECIAL DUTY OF CHIEF OF POLICE OR OTHER LAW ENFORCEMENT OFFICERS It is hereby made the special duty of the chief of police or other officers, who may be on duty and available for fire duty, to respond to all fire alarms and assist the department in the protection of life and property, regulating traffic, maintaining order, and in enforcing observance of all sections of this chapter. SECTION 13-213 AUTHORITY TO EXTINGUISH FIRES The chief of police or any law enforcement officer or a member of the fire department of the city may enter upon private property for the purpose of extinguishing, or causing to be extinguished, any fire or smoldering embers thereon existing in violation of the provisions and requirements of this chapter. SECTION 13-214 POLICE POWERS OF FIRE DEPARTMENT MEMBERS All regularly appointed members of the department are hereby given the necessary special police powers for the purpose of enforcing the provisions of this chapter and such other ordinances relating to fire prevention or traffic regulations concerning right of way of emergency vehicles. SECTION 13-215 MEMBERS MAY WEAR BADGE Each member of the department is hereby authorized to wear a badge designating his name and rank. SECTION 13-216 INSIGNIAS; SIRENS Each member of the department driving a car shall be issued a suitable insignia to be attached to the car. SECTION 13-217 SPECIAL SOCIAL OFFICERS The department may elect a president, vice-president, secretary and treasurer to be known as social officers. Such officers may be elected in any manner and for any term the membership may decide upon, and their duties shall be to arrange for and manage any or all social functions sponsored by the department. SECTION 13-218 VOLUNTEER FIREFIGHTERS A. There may be volunteer firefighters enrolled in the fire department of the city. Page 13-14 Public Safety B. For the purpose of this article, a volunteer firefighter shall be considered as one who is enrolled as a member of the fire department and who serves in that capacity without receiving a regular salary. State Law Reference: Volunteer departments, 11 O.S. Sections 29-201 et seq. SECTION 13-219 RULES AND REGULATIONS Volunteer firefighters shall be subject to the following rules and regulations which shall be incorporated in the bylaws of the department: 1. All volunteer firefighters are required, when notified, to respond to alarms of fire and other emergencies; 2. He is required to be present at all regular meetings, call meetings and schools presented for the benefit of the firefighters; 3. There shall be at least one regular business meeting every three (3) months; 4. Any volunteer firefighter having two (2) unexcused absences in succession or three (3) unexcused absences in a period of three (3) months will be dropped from the fire department rolls; 5. Volunteer firefighters leaving the city for an extended period of time will be required to notify the chief; 6. Any volunteer firefighter refusing to attend training classes provided for him will be dropped; 7. Any volunteer member of the fire department shall be dropped from the rolls for the following offenses: a. Conduct unbecoming a firefighter; b. Any act of insubordination; c. Neglect of duty; d. Any violation of rules and regulations governing the fire department; or e. Conviction of a felony. 8. All volunteer firefighters shall be on probation for one year. Page 13-15 Public Safety ARTICLE B MUTUAL AID AND CALLS OUTSIDE LIMITS SECTION 13-220 CONTRACTS WITH NEARBY COMMUNITIES AUTHORIZED The city is authorized to enter into agreements or contracts with nearby incorporated communities or governing bodies of other organizations to provide the members of such communities or organizations with fire protection or establish a mutual aid system. SECTION 13-221 FIRE PROTECTION OUTSIDE THE CITY LIMITS The city is hereby authorized and empowered to enter into contracts or agreements with individuals, firms, private corporations or associations, or political subdivisions of the state for fire protection outside the corporate limits of the city and to contract to provide fire protection jointly with other organizations and municipal subdivisions of the state. SECTION 13-222 CHARGES FOR OUTSIDE AID Any contract entered into by the city, with an individual owner, firm, private corporation or association, for outside aid, or mutual aid for fire protection, shall provide for the payment by the owner, firm, private corporation, or association, or political subdivision to the city for such fire apparatus and personnel as follows: 1. For the attendance of the company of apparatus and personnel first to report to the fire, such owner, firm, private corporation or association shall pay to the city the sum of Two Hundred Fifty Dollars ($250.00) for the first hour of attendance, or any portion thereof, provided that, if such company shall attend the fire for a period longer than one hour, then for the attendance of such company for the period longer than one hour, such owner, firm, private corporation or association shall pay to the city, for such excess period, a sum of money computed at the rate of Two Hundred Fifty Dollars ($250.00) per hour; 2. For the attendance of any additional company of fire apparatus and personnel, and for the period of such attendance, such owner, firm, private corporation, or association, shall pay to the city therefore a sum of money computed at the rate of Two Hundred Fifty Dollars ($250.00) per hour; 3. The total amount earned by the attendance of any and all such apparatus and personnel as charged under the provisions of paragraphs 1 and 2 above shall not exceed the sum of One Thousand Dollars ($1,000.00). If and in the event attendance of apparatus and personnel is required at the fire scene for a time period in excess of that which would result in a charge therefore in the amount of One Thousand Dollars ($1,000.00), all such additional time spent by such apparatus and personnel shall be, in addition to the One Thousand Dollars ($1,000.00) assessed and charged on the basis of actual costs incurred by the city fire department. Such sums of money shall be paid to the city clerk of the city and the total amount so paid shall be credited to the general fund of the city. (Ord. No. 405, 8/15/89) SECTION 13-223 RUNS OUTSIDE CITY LIMITS; EXCEPTIONS A. The fire department of the city is hereby authorized and directed to answer all outside calls in those areas which are within a five (5) mile radius of the city limits of the city, but not within the limits of any other municipality or fire protection district. B. Runs outside the city limits and within the outside limits, as hereinbefore defined, shall be made unless, in the opinion of the fire chief or acting fire chief, it is inexpedient to do so on account of another fire in the city, broken apparatus, impassable or dangerous highways, or other physical conditions. Page 13-16 Public Safety SECTION 13-224 FIREFIGHTERS SERVING OUTSIDE CITY LIMITS; ENTITLED TO ALL BENEFITS All firefighters of the fire department attending and serving at fires or doing fire prevention work outside the corporate limits of the city, shall be considered as serving in their regular line of duty as fully as if they were serving within the corporate limits of the city. The firefighters shall be entitled to all the benefits of any fire pension and relief fund in the same manner as if the fire fighting or fire prevention work was being done within the corporate limits of the city. SECTION 13-225 FIRE DEPARTMENT; AGENT OF STATE The fire department of the city answering any fire alarm, or call, or performing any fire prevention services outside the corporate limits of the city shall be considered as an agent of the state and acting solely and alone in a governmental capacity. The city shall not be liable in damages for any acts of commission, omission, or negligence while answering or returning from any fire, or reported fire, or doing any fire prevention work under and by virtue of sections of this chapter. Page 13-17 Public Safety ARTICLE C AMBULANCE SERVICE SECTION 13-230 DEFINITIONS The following terms when used in this chapter shall have the following meanings: “ADVANCE LIFE SUPPORT" means the provision by an emergency medical provider of advanced emergency medical care services which: a) Exceed the level of basic life support as defined in the Emergency Medical Service Improvement Act, Section 330.71 through 330.83 of Title 63 O.S. of the Oklahoma State Statutes; b) Include the use of sophisticated transportation vehicles and equipment and telemetry communications; c) Are staffed by advanced-level certified emergency medical technicians; and d) Are capable of providing onsite, pre-hospital, and inner-hospital mobile intensive care in conjunction with specialized critical care units in emergency departments in appropriately staffed healthcare facilities within the State of Oklahoma; "AMBULANCE" means any ground vehicle designated and equipped to transport and provide emergency medical patient care to one or more acutely ill or injured persons, such ground vehicle at all times meeting the requirements as set forth under the provisions of Section Two (2) Subsection Three (3) of the Rules and Regulations of the Emergency Medical Services Division, Oklahoma State Department of Health promulgated under the "Emergency Medical Service Improvement Act", Sections 330.71 et seq. of Title 63 of the Oklahoma State Statutes; "AMBULANCE SERVICE" means the transport component of an emergency medical service system possessing vehicles designed specifically for transport of the critically injured and the sudden illness patient, equipped with life-supporting supplies and equipment as defined under the provisions of the Emergency Medical Service Improvement Act, Section 330.71 through Section 330.83 of Title 63 of the Oklahoma State Statutes, to sustain the patient at the scene and in route to a hospital. Further, such shall be construed and interpreted to include personnel trained in emergency procedures, as defined in the afore-referenced act, and capable of stabilizing the patient at the scene and maintaining that stable condition while transporting the patient; "EMERGENCY PATIENT" means an individual who is acutely ill, injured or otherwise incapacitated or helpless and who requires emergency medical services; "EMERGENCY TRANSFER" means the movement of an actually ill or injured patient from the scene to a healthcare facility (pre-hospital), or the movement of an acutely ill or injured patient from one healthcare facility to another healthcare facility (inter-facility), and “LONG TERM CARE FACILITIES” include nursing homes, skilled nursing facilities, residential care homes, assisted living centers, continuum of care homes (which include an assisted living center and a nursing facility) and Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF/IID) as licensed by the State Health Department. "NON-EMERGENCY TRANSFER" means the movement of any patient in an ambulance other than an emergency transfer. (Ord. No. 369, 6/16/87; 884, 2/20/07; 1228, 12/17/2024) Page 13-18 Public Safety SECTION 13-231 ORGANIZATION A. There is hereby created within the fire department of the city, and placed under the control and supervision of the fire chief of the department, an ambulance service for the purpose of providing the citizenry of the city and persons in areas adjacent thereto, as hereinafter delineated, emergency medical services and non-emergency medical transport services. B. The City of Owasso’s ambulance service is hereby designated as the sole provider of emergency ambulance transport in the Regulated Service Area pursuant to 63 O.S. 1991 §§ 1- 2515 et seq. No person or entity may provide emergency, ambulance services in the Regulated Service Area unless notified by the City of Owasso of an emergency medical incident. (Ord. No. 369, 6/16/87; Ord. No.884, 2/20/07) SECTION 13-232 SERVICE PROVIDED A. Emergency medical services to be provided are as follows: 1. The emergency medical service to be provided hereunder shall at all times be no less than that level of service denoted as advanced life support service; 2. The minimum level of service above referenced shall at all times be maintained and operated in accordance with the rules and regulations of the State Commissioner of Health, Department of Health, State of Oklahoma, promulgated pursuant to the provisions of the "Emergency Medical Services Improvement Act", Section 330.71 through Section 330.83 of Title 63 of the Oklahoma Statutes; and 3. The foregoing provisions of this section shall not be construed or interpreted so as to preclude the proper officers of this city from providing more advanced levels of emergency medical services than that required hereunder. B. Non-emergency services to be provided are as follows. Non-emergency medical services may, under the limitations set forth below, be provided hereunder, provided same shall at all times comply with the provisions of the Emergency Medical Services Improvement Act, Title 63 O.S. Section 330.71 through Section 330.83, and further, such provision of non-emergency medical service shall at all times be subordinate to the provision of emergency medical service as provided hereunder. (Ord. No. 369, 6/16/87) SECTION 13-233 AREA OF SERVICE The ambulance service herein provided for shall be authorized to provide emergency and non- emergency medical services to persons within the geographical limits as set forth on the attached map, referenced as Exhibit "A" hereto, same generally being those areas within the fence line of the city, as existing; provided, however, such area may be expanded to include any areas outside such designation which are subsequently annexed to the city or enclosed within the fence line thereof. The foregoing shall not be construed so as to preclude the ambulance service from providing emergency medical service, as defined herein, outside the above designated service area in aid to other jurisdictions, or ambulance services, pursuant to mutual aid agreement, interlocal cooperation agreement, or otherwise; provided, however, payment therefore, if not pursuant to mutual aid or interlocal cooperation agreement, shall be based upon existing fee schedules. (Ord. No. 369, 6/16/87) SECTION 13-234 PERSONS SERVED A. Subject to the limitations set forth below, the emergency medical service to be provided in the areas above referenced shall be provided at no charge above the payment from an insurer under a policy of insurance, if any, providing coverage to the following persons: Page 13-19 Public Safety (1) Residents of the city residing within single-family dwellings and multi-family dwellings, as defined under the zoning code of the city, whether same be permanent structures or movable manufactured housing, as well as all household members, both temporary and permanent, thereof; (2) Persons residing within areas outside the corporate limits of the city, but within the area included within Section 13-233, as well as all household members, both temporary and permanent, who subscribe to the ambulance service and pay the designated subscription fee; and (3) Any other person within the designated area set forth in Section 13-233 in need of emergency medical service for payment of the actual cost of the service. B. No person, residing outside the area of service as set forth in Section 13-233, shall be allowed to participate in the subscription service provided for in this section. (Ord. No. 369, 6/16/87; 406, 9/5/89; 469, 10/19/93; 1228, 12/17/2024) SECTION 13-235 EXTENT OF SERVICE PROVIDED A. For emergency medical service, the following is provided: 1. Upon proper notification, and under the limitations herein set forth, the ambulance service herein provided for shall respond to an emergency patient, as defined herein, within the areas set forth in Section 13-233 hereof, upon response providing on-site and transfer emergency medical service to the level of care as mandated herein as well as authorized under the license issued by the Commissioner of Health, State Department of Health, State of Oklahoma; 2. The emergency transfer herein provided for shall consist solely of vehicular transfer and to medical care facilities lying within a twenty-five (25) mile radius of the corporate limits of the city; 3. The foregoing shall not be construed or interpreted so as to obligate or require the ambulance service to provide emergency medical transport service other than vehicular, nor, authorize the incurrence of obligation therefore. In the event it is determined, onsite, by the emergency medical technician, or, any health care provider, in such persons sole discretion, that a more advanced level of care or expeditious mode of transport is medically necessary, such alternative advanced level of care or mode of transport shall be considered as being outside the obligations and requirements of this article. B. Upon proper notification, and under the limitations set forth herein, the ambulance service shall respond to a request for non-emergency medical transport of a non-emergency medical patient, as defined herein, residing within the areas set forth in Section 13-233, if no other provider is available, and, provided that: 1. The fire chief determines that, in his or her judgment and discretion, the City’s ability to provide emergency medical service would not be adversely affected by such transfer, and; 2. Such non-emergency medical transport shall be to or from an area within that area set forth in Section 13-233 hereof, and, to or from a health care provider within a radius of twenty-five (25) miles of the corporate limits of the city; and 3. A charge for such non-emergency medical transport shall be assessed and collected in accordance with a fee schedule as approved by the city council by motion or resolution. (Ord. No. 369, 6/16/87; 406, 9/5/89; 884, 2/20/07) Page 13-20 Public Safety SECTION 13-236 FUNDING FOR AMBULANCE SERVICE A. For areas within the corporate limits of the city receiving water service from the city or areas within the corporate limits of the city receiving only sanitary sewer service from the city, a water rate increase or a sewer rate increase, respectively, is established as follows: (1) For every single-family residence, whether same is permanent or movable manufactured housing, multi-family dwelling, commercial, or industrial establishment, as defined under the zoning code of the city, there is hereby a fee of Four Dollars ($4.00) per month per residence or establishment above-referenced, to be charged and collected on a monthly basis by the Owasso Public Works Authority as in the case of existing water, sewer and other utility charges. (2) Multi-family residential properties shall be charged a fee of Four Dollars ($4.00) per month per occupied residential living unit: a. There is a rebuttable presumption that eighty-five percent (85%) of the total number of residential living units served by city utilities are occupied. The number of presumed residential units shall be rounded down, but to not less than one. st b. On or before March 31 of each year, or upon request, Multi-family property owners shall provide to the City of Owasso the total number of residential living units occupied, which shall be used to determine the monthly calculation as outlined in 13-236 A(2). c. Multi-family residential property owners failing to comply, or fraudulently representing the number of living units occupied, may be deemed guilty of a misdemeanor punishable by a fine of not more than seven hundred and fifty dollars ($750.00). B. For residents within Long-Term Care Facilities within the service area as referenced in Section 13-233 and desirous of subscribing to the ambulance service for the benefit of the person may do so upon the payment of a subscription fee of Forty-eight Dollars ($48.00) per year. C. For residents residing in areas outside the corporate limits, but within the service area as referenced in Section 13-233, desirous of subscribing to the ambulance service for the benefit of the person or the person's household members, whether same be temporary or permanent, may do so upon the payment of a subscription fee of Seven Dollars ($7.00) per month if such person is connected to the Owasso water and/or sewer system, or Eighty-four Dollars ($84.00) per year if such person is not connected to the Owasso water and/or sewer system. (Ord. No. 639, 4/04/00; 675, 5/15/01; 919, 6/17/08; 991, 7/5/11; 1021, 4/2/13; 1048, 2/17/15; 1228, 12/17/2024) SECTION 13-237 ESTABLISHMENT OF FUNDS, UTILIZATION OF REVENUES A. There continues to be established, under the provisions of the Municipal Budget Act, a special revenue fund, denoted as the Owasso Ambulance Service Fund, such funds to be utilized solely for ambulance service equipment or facility acquisition or improvement, education, public relations, ambulance service personnel salaries, or other special uses related to the ambulance service. 1. Eighty-five percent (85%) of all monies received for the benefit of the ambulance service herein created resulting from the increased water and/or sewer rate herein charged or subscription fees shall be placed in the Owasso Ambulance Services Fund. Page 13-21 Public Safety 2. Eighty-five percent (85%) of all ambulance service fees, donations, or grants, shall be placed in the Owasso Ambulance Service Fund. B. In addition to the foregoing, there is hereby created pursuant to the provisions of the Municipal Budget Act, a capital project fund, denoted as the Owasso Ambulance Capital Fund, such funds to be utilized solely for improvements related to equipment and facilities of the ambulance service. 1. Fifteen percent (15%) of all monies received for the benefit of the ambulance service herein created resulting from the increased water and/or sewer rate herein charged or subscription fees shall be placed into the Owasso Ambulance Capital Fund. 2. Fifteen percent (15%) of all ambulance service fees, donations, or grants, shall be placed in the Owasso Ambulance Capital Fund. (Ord. No. 369, 6/16/87; 508, 6/06/95; 675, 5/15/01; 919, 6/17/08; 991, 7/5/11; 1021, 4/2/13; 1048, 2/17/15) SECTION 13-238 FEE DIMINUTION A. Any person residing within the service area above referenced and connected to the Owasso water or sanitary sewer system, whether such connection is pursuant to single family residence or multifamily residential dwellings as herein provided, over the age of sixty-five (65) years, or living below the national poverty level as determined by the United States Government, may, upon proper application therefore, receive a diminution in the rate increase or subscription fee provided for herein in an amount of two dollars ($2.00) per month per household. (Ord. No. 675, 5/15/01) B. The application shall be on forms as provided by the office of the city manager of the city, and shall be considered by the city manager of the city or his designee. C. In the event a rate diminution is sought and refused by the office of the city manager of the city, the applicant may appeal the decision by filling a written notice of appeal with the clerk of the city within ten (10) days from the date of denial, whereupon, same shall be considered by the city council of the city. (Ord. No. 373, 8/4/87) SECTION 13-239 AMBULANCE SERVICE REVIEW A. A review of the provisions of Part 13, Public Safety, Chapter 2, Fire Department, Article C, Ambulance Service, Section 13-230 through 13-238, shall be conducted not less than every five years beginning with the effective date of June 19, 1997. (Ord. No. 545, 5/20/97) B. The Chief of the Owasso Fire Department shall evaluate the effectiveness of the provisions set forth in Section A hereof and shall submit to the City Council proposals as needed to insure the effectiveness of the ambulance service. (Ord. No. 545, 5/20/97) Page 13-22 Public Safety CHAPTER 3 POLICE DEPARTMENT Section 13-301 Police Department Created; Chief Section 13-302 Duties Section 13-303 Police Officers Section 13-304 Police Reserve Established SECTION 13-301 POLICE DEPARTMENT CREATED; CHIEF There is a police department, the head of which is the chief of police, or police chief, appointed by the city manager for an indefinite term, and removable by the city manager. The chief of police is an officer of the city, and has supervision and control of the police department. All police officers are officers of the city. (Prior Code, Sec. 1-6) State Law Reference: Police department generally, 11 O.S. Sections 34-101 et seq. SECTION 13-302 DUTIES It is the duty of the police department to apprehend and arrest on view or on warrant and bring to justice all violators of the ordinances of the city; to suppress all riots, affrays, and unlawful assemblies which may come to their knowledge, and generally to keep the peace; to serve all warrants, writs, executions, and other processes properly directed and delivered to them; to apprehend and arrest persons violating federal or state law as provided by law, and to turn them over to proper authorities; and in all respects to perform all duties pertaining to the offices of police officers. The police department has charge of and operates the city jail. (Prior Code, Sec. 1-7) SECTION 13-303 POLICE OFFICERS Police officers who shall perform such duties as shall be required of them by the chief of police, city ordinances, federal, state and county regulations and any other actions required in the maintenance of good order and public peace. SECTION 13-304 POLICE RESERVE ESTABLISHED There is hereby created the Owasso Police Reserve Organization whose principal duty is to assist the regular police department in their duties and to be of service to the community. The reserve officer of the Owasso Police Reserve Organization shall be commissioned officers of the State of Oklahoma, and be hereby authorized to make misdemeanor and felony arrests at all times in accordance with Owasso police department policy, policy and procedure of the Owasso Police Reserve Organization, as well as local, state and federal law relating thereto for all state and federal laws as well as violations of local ordinances. (Ord. No. 363, 3/3/87) Page 13-23 Public Safety CHAPTER 4 CIVIL DEFENSE Section 13-401 Purpose of Civil Defense Organization, Definitions Section 13-402 Office of Civil Defense Created Section 13-403 Director of Civil Defense; Powers and Duties Section 13-404 Further Powers and Duties Section 13-405 Director's Usual Powers Section 13-406 Powers in Enemy Caused Emergency Section 13-407 Powers in Natural Emergency Section 13-408 Not Liable for Personal Injury or Property Damage Section 13-409 May Accept Gifts, Loans Section 13-410 Penalty Section 13-411 Office Space, Equipment and Supplies Section 13-412 Discrimination Prohibited SECTION 13-401 PURPOSE OF CIVIL DEFENSE ORGANIZATION, DEFINITIONS A. The purpose of this chapter is to create a civil defense organization for the city to be prepared for, and to function in the event of, emergencies endangering the lives and property of the people of such city. The duty of such civil defense organization shall be the protection of the lives and health of the citizens of the city and of property rights, both private and public, and to perform all functions necessary and incident thereto. B. As used in this chapter, the following terms shall be construed as follows, unless a contrary intent appears clear from the context: 1. "Civil defense" means the preparations for and the carrying out of all emergency functions, other than functions for which primary responsibility is assigned elsewhere by federal, state, or local law or ordinance, to protect public peace, health, and safety, and to preserve lives and property, in the city during any emergency resulting from enemy attack, sabotage, or other hostile action, or from any flood, drought, fire, hurricane, tornado, earthquake, storm, or other catastrophe in or near the city and involving imminent or actual peril to life and property in the city. These functions include administration, organization, planning, recruiting, training, education, information, welfare service, relief service, police service, warden service, fire service, rescue service, medical service, health service, transportation service, communications service, street and sewer service, utilities service, general engineering service, plant protection service, supply service, mutual aid, mobile support, evacuation, and all other functions necessary or incidental to the preparation for and carrying out of the foregoing functions; 2. "Enemy-caused emergency" means any state of emergency caused by actual or impending attack, sabotage, or other hostile action, anywhere within the United States, and involving imminent peril to lives and property in the city. Such emergency shall be deemed to exist only when the mayor of the city so declares by public proclamation, or when the governing body so declares. Such emergency shall be deemed to continue to exist until the mayor declares its termination by public proclamation, or until the governing body declares its termination by resolution; and 3. "Natural emergency" means any state of emergency caused by any actual or impending flood, drought, fire, hurricane, earthquake, storm, or other catastrophe in or near the city. Such emergency shall be deemed to exist and to be terminated under the same conditions as are prescribed for an enemy-caused emergency. (Prior Code, Sec. 1-31) Page 13-24 Public Safety State Law Reference: Local civil defense organizations, 63 O.S. Sections 683.11, 683.12. SECTION 13-402 OFFICE OF CIVIL DEFENSE CREATED There is hereby established under the executive branch of the government of the city an office of civil defense, which shall consist of a director of civil defense who shall be appointed by the mayor of the city and serve at his pleasure. (Prior Code, Sec. 1-32) SECTION 13-403 DIRECTOR OF CIVIL DEFENSE; POWERS AND DUTIES The director of civil defense shall be the executive head of the office of civil defense, and shall be responsible to the mayor for carrying out the civil defense program of the city. He shall serve without compensation but may be reimbursed for expenses incurred in the performance of his duties. He shall have all necessary power and authority to form committees or other bodies and to appoint and designate the chairman or chief officer of such bodies as may be necessary to perfect such an organization. He shall coordinate the activities of all organizations for civil defense within the city and shall maintain liaison with and cooperate with civil defense agencies of other governmental units, both within and without the state, including the state and federal government. He shall have such additional authority, duties and responsibilities as may be authorized by this chapter or other law. (Prior Code, Sec. 1-34) SECTION 13-404 FURTHER POWERS AND DUTIES The director shall have general direction and control of the office of civil defense. He is further authorized to formulate written plans and gather information and keep written records thereof to govern the functions of the civil defense organization. He is also instructed to carry out plans with the state officials of civil defense in cooperating with the federal government and to make available to the city and county program the benefits of Public Law 85-606, subject to the approval of the city, the county, and civil defense committee. The director shall be responsible for carrying out the provisions of this chapter and in doing so he is expressly authorized to cooperate with federal and state government agencies and political subdivisions, and with other states and their subdivisions, and with private agencies, in all matters pertaining to civil defense in the city. (Prior Code, Sec. 1-35) SECTION 13-405 DIRECTOR'S USUAL POWERS Prior to any emergency as defined in this chapter, the director shall have the following powers: 1. To make, amend, and rescind the necessary orders, rules, and regulations to carry out the provisions of this chapter within the limits of the authority conferred upon him herein, with due consideration to be given to the plans and powers of the federal government, the government of the state, and other public and private agencies and organizations empowered to act in either enemy-caused emergencies or natural emergencies, or both; 2. To prepare comprehensive plans for the civil defense of the city in both enemy- caused and natural emergencies, such plans and programs to be integrated and coordinated with the plans and programs of the federal government, of the government of the state, and of other public and private agencies and organizations empowered to act in either enemy- caused or natural emergencies or both; 3. To establish, within the limits of funds available, a public warning system, composed of sirens, horns, or other acceptable warning devices; 4. To establish and carry out recruitment and training programs as may be necessary to develop an adequate, qualified civil defense volunteer corps; 5. To conduct drills, exercises, and similar programs as may be necessary to develop a well-trained, alert, fully prepared civil defense organization; Page 13-25 Public Safety 6. To make such studies and surveys of the industries, resources, and facilities of this city as he deems necessary to ascertain its capabilities for civil defense, and plan for the efficient emergency use therefore; 7. On behalf of the city, to enter into mutual-aid arrangements with surrounding communities, both in the states of Oklahoma and Texas, subject to the approval of the city council; and 8. To delegate any administrative authority vested in him under this article, and to provide for the sub-delegation of any such authority to prepare for either any enemy-caused emergency or a natural emergency. (Prior Code, Sec. 1-23) SECTION 13-406 POWERS IN ENEMY CAUSED EMERGENCY In the event of an enemy-caused emergency, as proclaimed by the mayor, the director of civil defense, after approval of the mayor, may exercise during the emergency the power and authority to enforce all rules and regulations relating to civil defense and, acting under authority of any statutes or under the authority of the mayor as an agent of the governor of the state, may take control of transportation, communications, stocks of fuel, food, clothing, medicine, supplies, and all facilities, including buildings and plants, and exercise all powers necessary to secure the safety and protection of the civilian population. In exercising such powers, he shall be guided by regulations and orders issued by the federal government and the governor of the state relating to civil defense, and shall take no action contrary to orders which may be issued by the governor under similar emergency powers. He shall cooperate in every way with the activities of other governmental agencies or civil defense organizations. (Prior Code, Sec. 1-36) SECTION 13-407 POWERS IN NATURAL EMERGENCY In the event of any natural emergency as proclaimed by the mayor, the director of civil defense, with the approval of the mayor and acting under his instructions, shall coordinate in every way proper the activities of the civil defense organization. He is specifically charged in such emergency with the collection, evaluation, and dissemination of information to all agencies, both public and private, participating in the city's civil defense organization or cooperating in any such emergency. He shall, as director, have the power to recommend appropriate action, but he shall not otherwise exercise control over the participating agencies. He shall also recommend to the mayor the allocation of any funds received from the federal or state governments or from any other source to alleviate distress and aid in restoring normal conditions. (Prior Code, Sec. 1-37) SECTION 13-408 NOT LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE Neither the city nor any officer or member of the civil defense organization provided for in this chapter shall be liable for personal injury or property damage sustained by any person appointed or acting as a volunteer civil defense worker or member of any agency engaged in civil defense activity prior to or during either an enemy-caused or a natural emergency. The city nor any such officer nor a member shall be liable for the death or injury of any person, or damage to property, resulting from such civil defense activity prior to or during either an enemy- caused or a natural emergency. (Prior Code, Sec. 1-38) Page 13-26 Public Safety SECTION 13-09 MAY ACCEPT GIFTS, LOANS Whenever the federal government or the state or any person shall offer to the city any services, equipment, supplies, materials, or funds by way of gift, grant, or loan, for purposes of civil defense, the mayor may accept such offer and may authorize the director of civil defense to receive same subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer. (Prior Code, Sec. 1-39) SECTION 13-410 PENALTY Any person violating any of the provisions of this chapter in the city or who shall fail to carry out any of the provisions of this chapter or to comply therewith or with any of the orders, rules, or regulations made under the authority hereof, shall upon conviction be punished by a fine as provided in Section 1-108 of this code. SECTION 13-411 OFFICE SPACE, EQUIPMENT AND SUPPLIES Appropriate office space, furniture, equipment, and supplies as required shall be provided for the office of civil defense. Expenditures for these purposes, within the appropriations therefore, shall be made only on authority of the city council of the city. The director shall also, within the appropriations therefore, establish a primary and one or more secondary control centers, as he deems necessary to serviced during an enemy- caused or a natural emergency. (Prior Code, Sec. 1-33) SECTION 13-412 DISCRIMINATION PROHIBITED No person shall be deprived of the equal benefits of, or be subjected to discrimination or restricted in the equal enjoyment of any advantage, privilege, participation, service to be received or to be furnished or provided, under the program of civil defense established by this chapter, or to be classified, segregated or grouped, by reason of race, color or national origin, or religion or the lack thereof. (Prior Code, Sec. 1-34) Page 13-27 Public Safety CHAPTER 5 UNCLAIMED PROPERTY IN CUSTODY OF POLICE Section 13-501 Definitions Section 13-502 Stolen Property and Abandoned or Unclaimed Property Section 13-503 Sale of Stolen, Abandoned or Unclaimed Property Section 13-504 Record of Sale, Use of Funds Section 13-505 Recovery by Owner SECTION 13-501 DEFINITIONS For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section: 1. "Chief of police" means the police chief of the city; 2. "Police" means and shall be used synonymously with the word "police." State Law References: Finders of lost goods, see 15 O.S. Section 1971, Sections 511 et seq; As regards disposal of stolen or embezzled property coming into hand of police officers, see 22 O.S. Section 1971, Sections 1321 et seq.; As regards disposal of liquor and gambling equipment sized by policemen, see 22 O.S. Section 1971, Sections 1261 et seq. SECTION 13-502 STOLEN PROPERTY AND ABANDONED OR UNCLAIMED PROPERTY All stolen property recovered by the police of the city and all abandoned or unclaimed property that comes into the possession of the police, shall be turned over to the chief of police who shall return the same to any person making satisfactory proof of title. If such property is not reclaimed within ninety (90) days, then the chief of police shall advertise the same for sale for ten (10) days, by posting in three (3) of the most public places in the city, a written notice which shall fully specify the article to be sold and the time when, and the place where such sale will take place. However, any of such unclaimed property which is adaptable for use by any department of the city, the chief of police may transfer same to the city for use by it, after the expiration of the ninety (90) days above mentioned and notice of sale given as provided by this chapter. The notice of sale shall also be published one time ten (10) days before such sale in any newspaper published in the city, if any exists, which is authorized by the laws of the state to publish legal notices. (Prior Code, Sec. 17-2) SECTION 13-503 SALE OF STOLEN, ABANDONED OR UNCLAIMED PROPERTY At such time and place stated in the notice of sale provided by this chapter, the property shall be sold to the highest bidder for cash. The sale shall take place between 9:00 A.M. and 4:00 P.M. at the time stated in the notice of sale, and shall be held at any city facility within the city. As to property no one buys, such disposition may be made of the same as the chief of police may direct, and, provided that property to be transferred to the city shall not be offered for sale, but ordered transferred to the city. (Prior Code, Sec. 17-3)(Ord. No. 381, 3/24/88) SECTION 13-504 RECORD OF SALE, USE OF FUNDS The chief of police shall keep a record of when such property came into the possession of the police force, where found, or from whom taken, a description of the same, when same is claimed and by whom, or when advertised and when and for what amount sold, and to whom delivered. All money arising from such sale shall be paid to the city treasurer to be deposited in the general fund of the city. SECTION 13-505 RECOVERY BY OWNER If any property is sold as herein provided, and the owner thereof taken and recovers possession of same from the purchaser, the amount paid therefore shall be returned to the purchaser, upon verified claim being submitted and approved by the city council. (Prior Code, Sec. 17-5) Page 13-28 Public Safety CHAPTER 6 911 EMERGENCY TELEPHONE SERVICE Section 13-601 Short Title Section 13-602 Definitions Section 13-603 Emergency Telephone Fee Section 13-604 Collection of Fee Section 13-606 Emergency Telephone Service Management Board Created Section 13-607 Duties of the Emergency Telephone Service Management Board Section 13-608 Termination of Fee Section 13-609 Failure to Remit Fee Section 13-610 False Reporting SECTION 13-601 SHORT TITLE This chapter shall be known and may be cited as the "The Owasso Nine-One-One Emergency Number Ordinance." (Ord. No. 399, 9/6/88) SECTION 13-602 DEFINITIONS As used in this chapter the following words and phrases shall have the following meanings: 1. "Emergency telephone fee" means a fee used to finance the operation of the emergency telephone service, so as to provide service users within the corporate limits of the city access to the emergency telephone service; 2. "Emergency telephone service" shall mean a telephone system utilizing a three-digit number, nine-one-one (911), for reporting any emergency to an appropriate public agency providing law enforcement, fire, medical, or other emergency services, including ancillary communication systems and personnel which are necessary to pass reported emergencies to an appropriate emergency service or any appropriate emergency service personnel within the corporate limits of the city; 3. "Local exchange telephone company" means any company providing exchange telephone service to any service user within the corporate limits of the city; 4. "Person" means any individual, firm, partnership, co-partnership, joint venture, association, cooperative organization, private corporation, whether organized for profit or not, fraternal organization, nonprofit organization, estate, trust, business or common law trust, receiver, assignee for the benefit of creditors, trustee or trustee in bankruptcy, the United States of America, or any agency thereof, the state, political subdivisions of the state, state agencies, departments, commissions, boards, bureaus or any other service user within the corporate limits of the city; 5. "Service user" means any person who is provided exchange telephone service within the corporate limits of the city; and 6. "Tariff rate" means the rate or rates billed by the local exchange telephone company stated in tariffs applicable for such company as approved by the Oklahoma Corporation Commission, which represents the recurring charges of the local exchange telephone company for exchange telephone service or its equivalent, exclusive of all taxes, fees, licenses or similar charges whatsoever. (Ord. No. 399, 9/6/88) SECTION 13-603 EMERGENCY TELEPHONE FEE A. Pursuant to the Oklahoma Nine-One-One (911) Emergency Number Act, of Sections 2811, et seq. of Title 63 of the Oklahoma State Statutes, there is hereby levied, upon all service users Page 13-29 Public Safety subject to the jurisdiction of the city for which emergency telephone service has been contracted, an emergency telephone fee, in the amount of five percent (5%) of the tariff rate in the first year of the fee, and in the amount of three percent (3%) of the tariff rate for the following two (2) years. For the first three-year renewal (9/16/91 to 9/16/94), the emergency telephone service fee shall be in the amount of three percent (3%) of the telephone tariff rate; provided, that the electors of the city may impose a fee of up to five percent (5%) of the tariff rate in any year after the first year of the fee. Such fee, as herein provided, shall be imposed for a period of three (3) years, after first collection of the fee; after which the governing body of the city may renew the levy of such fee by amendment hereto, for no longer than three (3) years at a time. Amounts collected in excess of that necessary for operation within a given year shall be carried forward to subsequent years. No such fee shall be imposed upon more than one hundred (100) exchange access lines or its equivalent per person per location. (Ord. No. 556, 9/2/97) B. At least once each calendar year after first collection of the fee, paragraph A hereof notwithstanding, the governing body of the city shall establish a fee rate, by amendment hereof, if necessary, not to exceed an amount authorized by the Oklahoma Nine-One-One Emergency Number Act. The rate so fixed, together with any surplus revenues, shall not exceed sufficient revenues to fund authorized expenditures for operation of the emergency telephone service. The governing body shall make its determination of the fee rate each year after the first collection of the fee no later than September 1 and shall fix the new rate, if any, to take effect commencing with the first billing period of each service user on or following the next January 1. C. The governing body of the city shall, at least ninety (90) days before any new rate shall become effective, notify each local exchange telephone company providing emergency telephone service to areas within the jurisdiction of the city of the new rates by certified mail. (Ord. No. 399, 9/6/88; Ord. No. 433, 7/16/91; Ord. No. 491, 10/18/94; Ord. No. 556, 9/2/97) SECTION 13-604 COLLECTION OF FEE There is hereby imposed upon the tariff charges for exchange telephone service or its equivalent of the local exchange telephone company providing service within the corporate limits of the City of Owasso, Oklahoma, a fee of five percent (5%). Three percent (3%) of the proceeds of the fee shall be utilized to pay for the operation of emergency telephone service as specified in Section 2813 of Title 63 of the Oklahoma Statutes. Two percent (2%) of the proceeds of the fee shall be utilized of the purchase of ancillary communication systems necessary to pass the reported emergency to the appropriate emergency service and personnel. Such two percent (2%) fee shall remain in effect for such time as the City Council of the City of Owasso, Oklahoma, deems necessary for the purposes aforestated. (Ord. No. 571, 2/17/98) SECTION 13-605 ADMINISTRATION OF EMERGENCY TELEPHONE SERVICE Nine-one-one (911) emergency telephone services of the city shall be under the administration of the Owasso police department. The police department is hereby authorized, empowered and charged with the duty to maintain, operate and administer the emergency telephone service consistent with the distinctive duties, responsibilities and expertise of the fire department, the police department, the ambulance service, and subject to the powers and duties of the emergency telephone service management board. (Ord. No. 399, 9/6/88) SECTION 13-606 EMERGENCY TELEPHONE SERVICE MANAGEMENT BOARD CREATED There is hereby created an emergency telephone service management board whose membership shall comprise the chief of the Owasso fire department; the chief of the Owasso police department and the city manager of the city. Each member of the board shall have one vote. The board shall elect a chairperson, vice chairperson, secretary, and other such officers as they deem necessary. Officers shall serve a term of two (2) years. Regular meetings of the Page 13-30 Public Safety board shall be held as often as a majority of the board deems proper. Special and emergency meetings of the board may be called by any member. (Ord. No. 399, 9/6/88) SECTION 13-607 DUTIES OF THE EMERGENCY TELEPHONE SERVICE MANAGEMENT BOARD The emergency telephone service management board is hereby authorized, empowered and charged with the following duties: 1. Establishment of all policies, procedures, rules and regulations governing the utilization of the emergency telephone service of the city by any department, agency or entity; 2. The recommendation of qualifications and standards for subordinate employees and positions authorized to operate the emergency telephone service; 3. Development, supervision and administration of the budget and expenditure of funds for the emergency telephone service, consistent with the budget, financial, and legal policies and procedures of the city; 4. The recommendation to the governing body of the city of the terms and conditions of contracts with outside agencies and suppliers related to the utilization of the emergency telephone service; 5. The planning of activities associated with services, facilities and resources related to the operation of the emergency telephone service; 6. The identification, for acquisition, of capital additions, facilities, improvements and expansions and all other needs of the emergency telephone service, consistent with the city's budgetary and capital improvement policies and procedures; and 7. The effective and efficient operation of the emergency telephone service. (Ord. No. 399, 9/6/88) SECTION 13-608 TERMINATION OF FEE The emergency telephone fee imposed by this chapter shall terminate no later than three (3) years after the first collection of the fee, unless renewed in accordance with the provisions of the Oklahoma Nine-One-One Emergency Number Act. (Ord. No. 399, 9/6/88) SECTION 13-609 FAILURE TO REMIT FEE Any service user willfully failing or refusing to remit or pay any emergency telephone fee or portion thereof rightfully due under this chapter shall be guilty of an offense, and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00), excluding costs. Each separate failure or refusal to remit or pay the emergency telephone fee hereof shall be deemed a separate offense and shall be punished accordingly. (Ord. No. 399, 9/6/88) SECTION 13-610 FALSE REPORTING No person shall call the number nine-one-one (911) for the purpose of making a false alarm or complaint or reporting false information which could result in the dispatch of emergency services from any public agency. Any person violating the provisions of this section, upon conviction, shall be guilty of an offense punishable as provided in Section 1-108 of this code. (Ord. No. 399, 9/6/88) Page 13-31