The following words, terms and phrases when used in this code, shall have meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Ambulance means any vehicle which is designed and equipped to transport ill or injured persons in a reclining position to or from health care facilities.

Ambulance response time standards means:

Emergent Priority 1: 11 minutes 59 seconds

Emergent Priority 2 (to include fire and police stand-by): 11 minutes 59 seconds

Non-Emergent: 19 minutes 59 seconds

Ambulance service means a person or organization, governmental or private, which operates one or more ambulances as defined herein for purposes of transporting ill or injured patients in a reclining position to or from health care facilities.

Ambulance service agreement means the agreement between the ambulance service provider and the City of Mustang pursuant to which the city selected the ambulance service provider as the sole provider of ambulance service within the city limits.

Ambulance service provider means Pafford EMS of Oklahoma, Inc.

Base station physician means a physician licensed to practice medicine in the State of Oklahoma, from whom ambulance and first responder personnel may take medical direction by radio or other remote communications device; and who has been certified by the medical director as being knowledgeable of the EMS system's medical protocols, radio procedures, and the general operating policies of the EMS system.

Emergent call means a request for ambulance service by or for a patient whose apparent condition, at the time the call is received, presumptively meets the criteria for classification as priority 1 or priority 2, when classified in accordance with telephone algorithms and medical priority dispatch protocols approved by the medical director, and includes requests from the city police or fire departments for stand-by service.

Emergency medical personnel means those persons who participate directly in the performance of one or more emergency medical services, as defined herein.

Emergency medical services (EMS) means the following pre-hospital and inter-hospital services:

(1)

Access and coordination. The answering and processing of telephone requests from the public for ambulance or first responder services, and including EMS dispatching, emergency and routine; the giving of medical pre-arrival instructions to callers by telephone; but excluding the process of 911 complaint-taking when the caller is immediately transferred to an EMS control center.

(2)

First responder services. Those emergency services, excluding transportation, which are performed by a first responder agency certified by the medical director.

(3)

Medical transportation. Ambulance services, both emergency and routine, including patient assessment, transportation, and medical procedures performed on-scene, in route, during inter-facility transport, or at an emergency receiving facility when performed at the request of the receiving physician.

(4)

On-line medical direction. Instructions given by base station physicians to first responders or ambulance personnel at the scene of an emergency, while in route to a hospital, or during an inter-facility patient transfer.

EMS control center ("control center") means the ambulance service provider's communications center.

First responder means any person, fire department unit, law enforcement unit, or non-transporting rescue unit capable of providing appropriate first responder service, excluding transportation, under the auspices of a certified first responder agency.

Medical control board means that body of selected from the ambulance service provider's service areas to assist in developing protocols, establishing medical guidelines and performing quality assurance activities.

Medical director means the licensed physician appointed by the ambulance service provider to perform the duties and responsibilities granted and ascribed to the medical director herein and in the ambulance service agreement.

Medical protocol means any diagnosis-specific or problem-oriented written statement of standard procedure, or algorithm, promulgated by the medical director as the medically appropriate standard of prehospital care for a given clinical condition.

Mutual aid agreement means a written agreement between the ambulance service provider and a neighboring primary provider of emergency medical service approved by the medical director as to its quality of care and medical accountability, whereby the signing parties agree to lend emergency aid to one another subject to conditions and terms specified in the agreement.

Patient means an individual who is ill, sick, injured, wounded, or incapacitated, and who needs, or is at risk of needing, medical care or assessment during transportation to or from a health care facility, and who is or should be transported in a reclining position, as determined in accordance with applicable provisions of the system standard of care.

Person means and includes any individual, firm, association, partnership, corporation, or other group or combination acting as a unit.

Presumptive priority classification means the designation by a system status controller (SSC) of a request for service as Emergent Priority 1 or Priority 2, or Non-Emergent, in accordance with telephone algorithms and medical priority dispatching protocols approved by the medical director.

Priority means the call priority (i.e., Emergent Priority 1 or 2 or Non-Emergent) assigned to every request for service received by an EMS control center. Such priorities shall be assigned only by a certified SSC, pursuant to telephone algorithms and priority dispatch protocols established by the medical director and approved by the medical director. Classifications shall be consistent with the following definitions:

Emergent call means a presumptively classified life-threatening emergency call, and a stand-by call requested from the city police or fire departments.

Non-Emergent call means a presumptively classified non-life-threatening emergency call, a presumptively classified request for routine patient transport scheduled less than 24 hours in advance of the requested time of pickup, an unscheduled, nonemergency request for service, and a presumptively classified request for routine patient transport scheduled 24 hours or more in advance of the requested time of pickup.

Response time—ambulance means the actual elapsed time between receipt by the EMS control center of the call, and the arrival of a permitted ambulance or mutual aid ambulance (approved by the medical director) at the scene of the incident. For scheduled nonemergent requests, "scheduled time of pick-up" shall be substituted for the "time call received" in the response time calculation.

Response time—first responder means the actual elapsed time between notification of the first responder agency by the EMS control center that a first response unit is needed at a given location, and the arrival of a first response unit at the incident scene.

Routine transport call means a request for ambulance service by or for a patient whose apparent condition, at the time the call is received, presumptively meets the criteria for classification as non-emergent, when classified in accordance with telephone algorithms and medical priority dispatch protocols approved by the medical director.

Special events ambulance standby service means the positioning of an ambulance and crew at the location of a publicly or privately-sponsored event.

System status controller (SSC) means a person certified by the medical director as trained and competent to properly employ telephone algorithms, medical priority dispatching protocols, and pre-arrival instructions approved by the medical director, and to operate the EMS control center's computer-aided dispatch system in accordance with the system status plan, so as to maintain the best possible ambulance coverage of the regulated service area, given the remaining resources available at any point in time.

(Ord. No. 1244, § 2, 1-4-2022)

The medical director shall be appointed by the ambulance service provider as provided for in the ambulance service agreement; shall recommend a system standard of care designed to achieve a state-of-the-art quality of emergency medical care within the regulated service area; shall certify ambulances and personnel as meeting the requirements of this article, and shall have those powers and duties granted and ascribed to him in the ambulance service agreement, plus such additional powers and duties as are granted and ascribed to him herein.

(Ord. No. 1244, § 2, 1-4-2022)

Pafford EMS of Oklahoma, Inc. ("Pafford") is hereby designated as the sole provider of emergency and routine ambulance transport within the regulated service area, pursuant to 60 O.S. § 1-2415, et seq. No person or entity may provide emergency, routine or special events ambulance services in the regulated service area unless acting through a mutual aid agreement with Pafford. Pafford is authorized and directed to take such steps as are necessary to ensure the availability of both emergency and routine ambulance services within the regulated service area, subject to the following requirements:

(1)

Pafford shall at all times comply with the terms of the ambulance service agreement, this code for emergency medical services, and all other applicable laws, rules, and regulations; and

(2)

All services provided by Pafford shall meet or exceed the standards set forth herein and in the system standard of care as approved and periodically updated by the medical director.

(Ord. No. 1244, § 2, 1-4-2022)

(a)

All telephone requests for ambulance services, both emergency and routine, originating within the regulated service area shall terminate at an EMS control center, where a certified system status controller (SSC) shall establish the call's priority classification, determine the patient's location, and if appropriate, deliver pre-arrival instructions. The SSC shall also determine the need for first responder service; alert the first responder agency if appropriate; and directly dispatch the call.

(b)

During times of disaster or severe EMS system overload, declared by the president of the ambulance service provider or his designee, the EMS control center shall at all times have full authority to direct the positioning, movements, and run responses of all ambulance units of all ambulance services until such time as the declaration has been lifted.

(c)

All calls processed by an EMS control center shall be recorded to facilitate subsequent auditing of the SSC's actions and decisions by the medical director, and all such recordings shall be safely stored and shall be erased after an appropriate interval or as provided by law.

(Ord. No. 1244, § 2, 1-4-2022)

Ambulance service provider shall comply with EMS data system and reporting standards as prescribed by the medical director; provided, however, that changes in data collection or reporting requirements which may reasonably be expected to require costly modification of existing computer hardware or software shall be approved by ambulance service provider prior to implementation.

(Ord. No. 1244, § 2, 1-4-2022)

(a)

Ambulance service provider shall keep in full force and effect a policy or policies of public liability and property damage insurance, executed by a financially stable insurance carrier(s) acceptable to city and licensed or permitted to write insurance by the Oklahoma Insurance Commission, as set forth below and in the ambulance service agreement, with coverage provisions insuring the public from any loss or damage that may arise to any person or property by reason of the operation of ambulance service provider's ambulances, and providing that amount of recovery shall be in limits of not less than the following sums:

(1)

Commercial general liability insurance including, but not limited to, commercial owner and contractor protection, operational products, completed operations, property and personal injury with limits of not less than $1,000,000.00 per occurrence and $3,000,000.00 general aggregate. Coverage shall be on an occurrence basis.

(2)

Workers compensation coverage to statutory limits as required by law; employer's liability insurance of not less than $1,000,000.00 bodily injury by incident and $1,000,000.00 bodily injury by disease for each employee.

(3)

Comprehensive automobile liability covering all vehicles used by the operations contractor, including owned, hired, and non-owned vehicles, with minimum limits of $1,000,000.00 combined single limit for bodily injury (including death) per occurrence, and property damage of not less than $1,000,000.00 per occurrence.

(4)

Automobile physical damage insurance for comprehensive and collision covering all vehicles provided by the ambulance service provider and used under this contract.

(5)

Umbrella coverage in the amount of at least $5,000,000.00 as additional coverage to all underlying liability policies (including professional liability).

(b)

Ambulance service provider shall furnish to city original and duplicate certificates of insurance which shall indicate the types of insurance, the amount of insurance and the expiration dates of all policies carried by the ambulance service. Each certificate of insurance shall name the city as an additional named insured, and shall contain a statement by the insurer issuing the certificate that the policies of insurance listed thereon will not be cancelled or materially altered by the said insurer absent 60 days' written notice received by all jurisdictions.

(Ord. No. 1244, § 2, 1-4-2022; Ord. No. 1278, § 1, 11-1-2022)

Any hospital shall be eligible to apply to the medical director for a certification to operate a specialized mobile intensive care unit, which unit shall be used solely for inter-hospital transport of patients requiring specialized in route medical monitoring and advanced life support which exceed the capabilities of the equipment and personnel on board a paramedic ambulance. Such certification shall be subject to review every two years. Failure by the holder of such certification to limit the vehicle to inter-hospital transports of the types of patients specified within the certification shall constitute grounds for revocation of the certification.

(Ord. No. 1244, § 2, 1-4-2022)

Every ambulance responding to a call at any location within the regulated service area shall be equipped, staffed, and licensed to operate at the EMT-paramedic level.

(a)

Ambulance service provider shall employ sufficient personnel, acquire sufficient equipment, and manage its resources as necessary to achieve the following response time standards on all emergency calls and routine transport calls originating within the regulated service area:

(1)

Response time standards. Subject to the exemptions set forth in subsection (b) below, the following standards of response time reliability shall be applicable to all patient transports:

Emergent Priority 1 standard: 90 percent reliability or better.

Emergent Priority 2 standard: 90 percent reliability or better.

Non-Emergent: 90 percent reliability or better.

(b)

The ambulance service provider shall appropriately plan for events that may temporarily create a greater demand for ambulance service. However, it is understood that from time to time unusual factors beyond the ambulance service provider's reasonable control may affect the achievement of specified response time standards. These unusual factors are limited to delays caused by trains or traffic blocking roadways, extreme weather events such as tornados, ice storms, blizzards or floods, disaster or mass casualty events, terrorist attacks or acts of war and excessive unexpected call volume surge that could not be reasonably planned for in advance. Equipment failures, traffic congestion, ambulance failures, dispatch errors, inability to staff units, and other causes shall not be grounds for granting an exception to compliance with the response time standards.

(Ord. No. 1244, § 2, 1-4-2022)

It shall be a violation of this code for the ambulance service provider to fail to respond to a call or to transport or to render emergency medical patient assessment and treatment, as appropriate, or to otherwise refuse or fail to provide any ambulance services originating within the regulated service area because of the patient's perceived, demonstrated or stated inability to pay for such services, or because of the location of the patient within the regulated service area or because of the unavailable status or the location of any ambulance unit at the time of the request.

(Ord. No. 1244, § 2, 1-4-2022)

Any person or agency providing first responder services within this jurisdiction shall be certified by the medical director as a first responder.

(Ord. No. 1244, § 2, 1-4-2022)

For any proposed denial, suspension or revocation of a certification issued pursuant to this uniform code for emergency medical services, the following standards shall apply, which shall not be less than those standards contained in the Health Care Quality Improvement Act of 1986, 42 U.S.C. 11112, or less than any standards contained in applicable Oklahoma Statutes or applicable Oklahoma case law. Such procedures in any event shall contain at least the following:

(1)

Written notice of the charges pending against the person or entity whose certification may be suspended or revoked;

(2)

A right to an appeal to the medical control board, requested in writing within 30 days of any adverse action by the medical director; and

(3)

The right to a de novo hearing on any adverse action by the medical control board conducted by an impartial and independent hearing officer, including a right to cross-examine witnesses, and to present witnesses and evidence on the person's own benefit, provided such hearing is requested in writing within 30 days.

(Ord. No. 1244, § 2, 1-4-2022)

(a)

It shall be unlawful and an offense for any person to commit any of the following acts:

(1)

To perform or permit anyone to perform duties as an ambulance driver, attendant (EMT-basic, EMT-D, or paramedic), system status controller, or first responder without complying with the terms of this chapter, or for any EMT-paramedic to seek or accept medical direction by radio contact from anyone who is not a certified base station physician, as defined herein.

(2)

To use, or cause to be used, an ambulance service other than the ambulance service provider, except for those services described in subsection (b).

(3)

For any person, firm or organization to respond to emergency calls originating within the regulated service area, other than the ambulance service provider.

(4)

For any person, firm or organization to provide special events ambulance standby service within the regulated service area, other than the ambulance service provider.

(5)

For any person, firm or organization to respond to routine transport calls originating within the regulated service areas other than the ambulance service provider.

(6)

To knowingly give false information to induce the dispatch of an ambulance, or first responder unit.

(b)

It shall not be a violation of this code, if the vehicle or ambulance is:

(1)

A privately-owned vehicle not used in the business of transporting patients who are sick, injured, wounded, incapacitated or helpless.

(2)

A vehicle rendering services as an ambulance in the event of a major catastrophe or emergency when ambulances with certifications based in the locality of the catastrophe or emergency are incapacitated or insufficient in number to render the services needed.

(3)

An ambulance owned or operated by, or under contract with, the federal or state government.

(4)

An ambulance transporting a patient to a location within the regulated service area, which transport originated from a point outside the regulated service area.

(5)

An ambulance responding to a call pursuant to a mutual aid agreement with the ambulance service provider.

(6)

A vehicle engaged in a routine transport call to transport a patient from a hospital, nursing home or free-standing dialysis center (i.e., a dialysis center not located on hospital grounds) which is located within the regulated service area to any jurisdiction outside the regulated service area (the "receiving jurisdiction"), if the receiving jurisdiction allows the ambulance service provider to lawfully engage in routine transport calls to transport patients from hospitals, nursing homes, and free-standing dialysis centers located within that receiving jurisdiction to destinations within the regulated service area.

(7)

A vehicle engaged in a routine transport call to transport a patient from a hospital, nursing home, or freestanding dialysis center located within the regulated service area to any unincorporated area.

(8)

A "stretcher aid van" as defined in 63 O.S. § 1-2503(27) that is transporting "stretcher aid van patients" as defined in 62 Okla. Stat. §1-2503(28).

(9)

A vehicle engaged in the interstate transport of a patient.

(Ord. No. 1244, § 2, 1-4-2022)

Any person convicted of violating any of the provisions of this article shall be punished as provided in section 1-8 of the Code of Ordinances, City of Mustang, Oklahoma.

(Ord. No. 1244, § 2, 1-4-2022)

For the purpose of this article, the following words and phrases shall have meanings respectively ascribed to them by this section:

Ambulance service provider shall have the meaning provided in article III, section 34-100.

Landlord shall mean any person, company, corporation, or other entity that owns or manages single-family and/or multifamily residential living units and leases them to tenants and is responsible for payment of the utility bills for the living units.

Living unit shall mean a residential unit providing complete, independent living facilities for a family, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Medical service program shall mean the services, products, expertise, equipment, and costs associated with the ambulance service provider's ambulance service program billed monthly on a utility customer's bill.

Multifamily residential utility customer shall mean a Mustang utility customer with two or more living units served by one city utility bill; provided multifamily residential living units will not include hotels, motels, or college dormitories.

Program year shall be from October 1 through September 30 of a calendar year. Each program year shall be designated by the calendar year in which the program year begins and the year in which the program year expires (e.g., October 1, 2022 through September 30, 2023, shall be designated program year 2022/2023).

Single-family residential utility customer shall mean a Mustang utility customer with one living unit receiving one city utility bill.

Tenant shall mean the person or persons that sign the lease for a living unit at a specific location within the city limits of Mustang, which living unit receives Mustang utility services.

Tenant's household shall include all the individuals permanently residing together in the leased living unit with the tenant.

Ambulance service program shall mean the program, as it currently exists or may hereafter be amended, which is sponsored by the ambulance service provider.

Utility customer shall mean the person or persons that established a utility account with Mustang for utility services for a single-family residential or a multifamily residential living unit.

Utility customer's household shall include all individuals permanently residing together in a living unit at a specific location within the city limits of Mustang, which living unit receives Mustang utility services.

(Ord. No. 1038, § 1, 2-8-2010; Ord. No. 1245, § 1, 1-4-2022)

(a)

Each single-family residential utility customer and multifamily residential utility customer within the corporate limits of the city shall be included in the medical service program, unless the utility customer affirmatively declines participation in said program in the manner set forth in section 34-202 of this article.

(b)

Single-family residential utility customers participating in the program shall have included within their utility bills a charge of $1.50 per month.

(c)

Multifamily residential utility customers participating in the program shall be billed $1.50 per month per occupied living unit. There is a rebuttable presumption that 50 percent of the total number of living units served solely by a single mustang utility bill are occupied. The number of presumed living units shall be rounded down, but to not less than one.

(d)

The total number of living units attributed to multifamily residential utility customers and landlords shall be based upon the number of housekeeping units on record with the Mustang Utilities Department. It is the responsibility of all multifamily residential utility customers and landlords to annually confirm with the utilities department whether this number of housekeeping units is in fact accurate. Adjustments may be made to the number of housekeeping units on record with the utilities department based on information provided by sworn affidavit from the multifamily residential utility customer or landlord and confirmed by the city. Multifamily residential utility customers and landlords shall make staff available to meet at the subject residences with city utilities department personnel to confirm the number of living units as provided for by the utility customer in the sworn affidavit mentioned herein.

(Ord. No. 1038, § 1, 2-8-2010)

(a)

Any utility customer who desires not to participate in the medical service program for the next program year shall either (1) sign and file a declaration of nonparticipation, on forms prescribed and provided by the city, or (2) file the proper internet-based form, prior to September 30 immediately preceding the beginning of the next program year, or upon opening a utility service account for a mustang residential address. The utility customer's election to either participate or not participate in the program shall remain unchanged for the following program year unless affirmatively changed by the utility customer before the September 30 immediately preceding the program year at issue.

(b)

If a multifamily residential utility customer or landlord or his or her authorized representative elects for a property not to participate in the medical service program, the multifamily residential utility customer or landlord or his/her authorized representative shall obtain from each tenant a written and signed acknowledgement stating that the tenant: (1) understands that the tenant and the tenant's household are not included in the medical service program; (2) understands that the tenant may affirmatively elect to personally participate in the medical service program by contacting the ambulance service provider and enrolling in the program at the full fee associated with the program; (3) understands failure to participate in the program will subject the tenant and tenant's household to the full costs associated with ambulance services; and (4) has been informed of the estimated per trip cost for an emergency ambulance transport run. The written and signed acknowledgment described herein shall be maintained in the multifamily residential utility customer's or landlord's or his/her authorized representative's records and available for inspection by the City of Mustang upon request. This acknowledgment must be obtained for all tenants existing at the beginning of the program year and all new tenants moving into the landlord's or multifamily residential utility customer's property at any time during the program year.

(c)

Failure to obtain and maintain on file the written acknowledgement from each tenant shall be a separate violation of this section. In addition, every 30-day period from the beginning of a lease until written acknowledgment is received or the multifamily residential utility customer or landlord or his/her authorized representative elects for a property to participate in the medical service program shall constitute a separate offense for each tenant affected.

(Ord. No. 1038, § 1, 2-8-2010; Ord. No. 1059, § 1, 9-20-2011; Ord. No. 1245, § 2, 1-4-2022)

The service charges herein established for the medical service program shall be billed to each utility customer monthly, along with the bill for other city utility services and shall carry the same due date as now or may hereafter be established for utility service bills.

(Ord. No. 1038, § 1, 2-8-2010)

The city is not responsible for either the provision of services by the ambulance service provider or the ambulance service membership program. The city's sole responsibility is to properly receive, record and transfer to the ambulance service provider the funds paid by the participating utility customers for the ambulance service membership program.

(Ord. No. 1038, § 1, 2-8-2010; Ord. No. 1245, § 3, 1-4-2022)

Any utility customer who considers the medical service program charges applicable to his living unit to be erroneous because said utility customer opted out of the program, may request review of the charges by the city's utilities department. Additionally, any landlord or multifamily residential utility customer who encounters special circumstances that would justify modifying the number of occupied living units determined in accordance with the provisions of section 6-102 (such as fire, act of God, or renovations), may request review thereof by the city's utilities department. Any other problems experienced by the utility customer with regard to his/her ambulance service program benefits shall be referred to the president of ambulance service provider. The determination by said president may be appealed to the ambulance service provider's board of directors by written notice of appeal filed with the director within ten days of the president's determination.

(Ord. No. 1038, § 1, 2-8-2010; Ord. No. 1245, § 4, 1-4-2022)

Unless otherwise provided in this article, any person violating any of the provisions of this article shall be guilty of an offense and upon conviction shall be punished by a fine of not more than $500.00, excluding costs and fees.

(Ord. No. 1038, § 1, 2-8-2010)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alarm administrator means the code enforcement officer or his designee as designated by the city manager to perform the administrative functions of this article.

Alarm business and alarm industry mean the business by any individual, partnership, corporation or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced or installed any alarm system in or on any building, structure or facility. This does not include any person who installs his own alarm on his own property to protect his personal property.

Alarm system means one or more devices designed to detect and signal an unauthorized intrusion, entry, robbery, fire or other emergency condition, which signals are responded to by public law enforcement officers, fire department personnel, private security guards or security officers. This definition excludes systems installed in motor vehicles.

Alarm user means any person in control of any building, structure or facility wherein an alarm system is maintained.

Audible alarm system means an alarm system not interconnected to an alarm business or the police service communication center, but which is activated by sounding a bell, siren or other device that makes an audible or visual signal at the location protected by the alarm system, indicating a need for police, fire or other emergency response. This definition excludes alarm systems installed within motor vehicles.

Burglary alarm system means an alarm system signaling entry or attempted entry into the area protected by the alarm system.

Emergency telephone system means any telephone system utilizing a three-digit number, "911," for reporting an emergency to the appropriate public agency providing law enforcement, fire, medical or other emergency services, including ancillary communications systems and personnel necessary to pass the reported emergency to the appropriate emergency service and personnel.

Enhanced 911 system means an emergency phone system which is designed to receive emergency phone calls when the three-digit number "911" is dialed. The system places the person requesting emergency service in touch with fire, police and ambulance services by dialing a single number.

False alarm—activation of alarm.

(1)

A false alarm is the activation of a burglary, robbery, fire or other alarm for the purpose of summoning emergency assistance or which causes the police or fire department to be summoned, at a time when no emergency exists. False alarms include those caused by:

a.

Error or mistake. An action by any person, or agent thereof, owning or operating any dwelling, building or place which results in the activation of any alarm system when no emergency exists.

b.

Malfunction. Any activation of any alarm system caused by a flaw in the normal operation, design, installation or maintenance of the system, faulty equipment, or change in the environment or premises upon or within which the alarm system is operating.

c.

Intentional misuse. Any intentional activation of an alarm system when no burglary, robbery, vandalism, fire or other emergency is in progress. This subsection shall not apply to testing during installation and regular maintenance when the user notifies the police service in advance and receives permission for the test. However, this subsection shall apply to any call made to the 911 number for the purposes of making a false alarm or false complaint, or the reporting of false information which could result in the dispatch of emergency services from any public agency as defined by 63 O.S. § 2813.

(2)

An alarm will not be considered a false alarm if it is determined that the alarm was the result of:

a.

Natural or manmade catastrophe, or an act of God. Such events include tornadoes, floods or other similarly violent conditions.

b.

Vandalism causing physical damage to the premises.

c.

Attempted entry of a location causing visible physical or other evidence of damage to the location.

d.

Severe weather causing physical damage to the premises.

An alarm will not be considered a false alarm if the alarm user calls the police service and cancels the alarm before the police department responds by using his personal identification number assigned when a city alarm permit was issued.

False alarm incident includes any and/or all of the following: false alarms, and/or false complaints and/or reporting of false information, and/or calls made for nonemergency purposes on the 911 number.

Fire alarm system means any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of fire or other activity requiring urgent attention and to which the fire department personnel are expected to respond. This definition includes alarm systems installed within motor vehicles.

Interconnect means to connect an alarm system including an automatic dialing device to a telephone line, either directly or through a mechanical device that utilizes a telephone, for the purpose of using the telephone line to transmit a message upon the activation of the alarm system.

Public agency, as defined by 63 O.S. § 2813, means any city, town, county, municipal corporation, public district, public trust or public authority located within the state which provides or has authority to provide firefighting, law enforcement, ambulance, emergency medical or other emergency services.

Robbery alarm system means an alarm system signaling a robbery or attempted robbery.

Telephone dialing device and TDD mean a device which is interconnected to a telephone line and is programmed to select a predetermined telephone number and transmit by voice message or coded signal an emergency message indicating a need for police, fire or medical response.

User fee means the amount assessed to alarm users for false alarm responses in excess of the maximum number allowed in any one fiscal year. The fee is figured on a per-response basis for false alarms.

(Ord. No. 689, § 1(9.11.020), 6-16-1998)

Cross reference— Definitions generally, § 1-2.

(a)

Sections 34-34 and 34-35 and division 2 of this article will be enforced by the alarm administrator or his designee, and by the police and fire chiefs and/or their designees, as coordinated and directed by the city manager.

(b)

Persons violating the provisions of this article shall be subject to the penalties provided in section 1-8.

(Ord. No. 689, § 1(9.11.070), 6-16-1998)

(a)

The purpose of this article is to enhance and protect the emergency services of the city.

(b)

This article governs false alarms or false complaints or knowingly reporting false information which could result in the dispatch of emergency services from any public agency as defined in 63 O.S. § 2813, provides for punishment of violations, and establishes a system of administration. This article also governs burglary, robbery and fire alarm systems, requires permits, establishes fees, provides for revocation of permits, and establishes a system of administration.

(c)

Section 34-36 governs other false alarms.

(d)

Section 34-32 provides for penalties.

(e)

The provisions of this article shall apply only to systems located in whole or in part within the city.

(Ord. No. 689, § 1(9.11.010), 6-16-1998)

(a)

False alarms. No person shall call the number "911" for the purpose of making a false alarm or a false complaint or knowingly reporting false information which could result in the dispatch of emergency services from any public agency.

(b)

Bomb threats. No person shall call the number "911" for the purpose of making bomb threats, whether or not made for the purpose of extorting money, goods and/or services. This prohibition applies whether or not there is a real bomb, dynamite cap and/or other explosive material and/or device in, at or around, or in transit to, the site area and/or location communicated by way of the 911 emergency telephone system.

(Ord. No. 689, § 1(9.11.030), 6-16-1998)

(a)

Any person who owns a telephone or who is charged line or rent charges from the telephone utility, who uses the 911 number for non-emergency calls or who allows minor children to use the 911 number for non-emergency purposes, after notification, may be assessed a fee as set forth in section 42-34 for the sixth and each subsequent abuse, such fee to go for the maintenance and any other expense of the system.

(b)

When records in the city's possession indicate that at least three false alarm incidents, composed of false alarms and/or false complaints and/or reporting of false information and/or calls made for non-emergency purposes on the 911 number, occurred within any one fiscal year, the alarm administrator shall notify the telephone owner/subscriber/renter, by mail to the owner's address:

(1)

Of the number of false alarm incidents on record; and

(2)

That any more than five responses to false alarm incidents in any one fiscal year will result in assessment of a service fee at the rate set forth in section 42-34 per false alarm incident after the first five.

(c)

When the city's records indicate that three false alarm incidents have occurred within one fiscal year, the alarm administrator shall notify the telephone owner/subscriber/renter by certified mail of the number of false alarm incidents on record. The alarm user will be notified that any false alarm incident beyond the fifth on record may be the subject of a separate assessment in the amount set forth in section 42-34 for the sixth and each subsequent abuse, such fee to go for the maintenance and any other expense of the system.

(Ord. No. 689, § 1(9.11.040), 6-16-1998; Ord. No. 1149, § 1, 6-20-2017)

State Law reference— Use of 911 number for non-emergency purposes, 63 O.S. § 2820.

(a)

This section shall pertain to false alarms made other than through the 911 emergency service system as set forth in this article.

(b)

No person shall harass or attempt to harass or mislead any officer by false alarms or unauthorized use of a device of whatever nature to summon police, fire protection or other emergency aid without reasonable cause.

(c)

No person shall turn or send in any false alarm of fire, or make any false signal or alarm willfully calculated to falsely or unnecessarily call out the fire department or others engaged in the prevention of fires.

(Ord. No. 689, § 1(9.11.060), 6-16-1998)

(a)

Duty of alarm businesses to provide instructions to users. Every alarm business selling, leasing or furnishing to any user an alarm system which is installed on the user's premises shall furnish the user with instructions that provide adequate information to enable the user to operate the alarm system properly and to obtain service for the alarm system.

(b)

State licensing of alarm businesses. No business or individual shall operate within the city limits who offers alarm equipment for sale or lease, installation, maintenance, alteration, repair, replacement or service without a state license as required by 59 O.S. § 1800.6.

(c)

Alarm business registration and permit. Every business providing any of the following alarm services: selling, installing, repairing, modifying, maintenance or system monitoring, shall be required to register with the city for each fiscal year (commencing on each July 1 and continuing through the following June 30) the numbers and copies of the state licenses of the company or individual providing alarm service to the user. A city permit will be issued upon confirmation that all required state licenses have been issued and are current. If monitoring services are provided, the alarm company must furnish a 24-hour-per-day phone number. Failure to register with the city and obtain a permit shall constitute a violation of this article.

(d)

Standards for alarm systems. Certain documents, three copies of which are on file in the office of the city clerk, being marked and designated as "NFPA 70 Pamphlet" and "NFPA 72 Pamphlet," as they exist on June 16, 1998, are hereby adopted as the code of the city for the control of alarm systems as provided in this article, and each and all of the regulations, provisions, penalties, conditions and terms of NFPA 70 Pamphlet and NFPA 72 Pamphlet are hereby referred to, adopted and made a part of this article as fully as if set out in this section.

(Ord. No. 689, § 1(9.11.050(A)), 6-16-1998)

Charter reference— Adoption by reference, § 2-14.

State Law reference— Alarm Industry Act, 59 O.S. § 1800.1 et seq.; adoption by reference, 11 O.S. § 14-107.

(a)

Required; application; fee. Every alarm user shall obtain an alarm user's permit for each type of alarm, from the city clerk or his designee, prior to the use of the alarm. A permit application for a burglary, robbery, holdup or fire alarm user's permit and a fee as set forth in section 42-34 for up to three types of systems at each residence, business or other facility, except as excluded by this article, shall be filed with the city. The fee shall be paid to the city at the time of application. Alarm businesses may pay the fee on behalf of the user when the permit is obtained. If the alarm business does not pay the fee, the alarm business shall provide an application and notice of fee to the user. The fee must be paid and the application submitted prior to use. Each additional type of system beyond the first three noted in this section shall be subject to an additional fee as set forth in section 42-34. A transfer fee as set forth in section 42-34 will be charged if there is a change of occupancy resulting in a change in the identification of the user. This charge will not be assessed if one of the users on the application remains at the residence (for example, situations involving death or divorce). The permit application shall include information as to the identification of the user, the number of and type of alarms installed, the alarm company providing the service, the monitoring agent, and numbers to be called if an emergency shall occur. Any changes to the original registration and/or information provided in the application must be reported to the city alarm administrator within 30 days of such changes, or within 30 days of the effective date of the ordinance from which this article is derived for users having applications on file needing changes. Failure to make such notification within 30 days shall constitute a violation of this article. Permits are also required for audible alarms and alarms with automatic dialing devices attached. This provision does not pertain to alarm systems installed within motor vehicles. Each approved application and permit shall bear the signature of the city clerk or his designee.

(b)

Additional charge for failure to pay fee. A charge as set forth in section 42-34 will be added to the fee provided for in subsection (a) of this section if a user fails to obtain a permit upon installation of an alarm system. This charge will be in addition to any penalties which might be imposed as provided in this article.

(c)

Exemptions from fee. An alarm user which is a publicly owned and operated facility, and persons 62 years of age or older whose alarm system is installed on the lot or parcel hosting their primary permanent residence, shall be subject to the provisions of this article; however, a permit may be issued without payment of the fee provided for in this section.

(d)

Permit stickers. Every alarm user shall display all permit stickers.

(1)

Location. The permit stickers shall be located on the front of any facility containing such alarm so that such stickers will be readily noticeable and available for viewing by police, fire and/or other emergency personnel responding to an alarm.

(2)

Contents. The stickers shall contain such other supplemental information regarding the alarm system as may be requested in advance, during normal business hours, by the alarm administrator and/or police chief and/or fire chief or his designated representatives.

(Ord. No. 689, § 1(9.11.050(B)), 6-16-1998)

It is unlawful for any person to program an automatic dialing device to any telephone line which, when activated, dials the digits "911." When a permit is issued, the alarm user will be given a phone number to be programmed into his system which goes directly to the police service communication center. It is unlawful for an alarm user to fail to disconnect or reprogram an automatic dialing device which is programmed to dial the digits "911" or the permit for which has been revoked after receiving notice from the city clerk or his designee.

(Ord. No. 689, § 1(9.11.050(C)), 6-16-1998)

(a)

When records in the city's possession indicate that at least five false alarms or complaints, or reporting of false information, have occurred within one fiscal year, the alarm administrator shall notify the alarm user by certified mail of the number of false alarms on record. The alarm user will also be notified that any more than nine responses to false alarms, as defined under "false alarm—activation of alarm" in section 34-31, in any one fiscal year will result in the alarm user being billed at the rate set forth in section 42-34.

(b)

When the city's records indicate that nine false alarms or complaints, or reporting of false information, have occurred within one fiscal year, the alarm administrator shall notify the alarm user by certified mail of the number of false alarms on record. The alarm user will also be notified that, for the remainder of that fiscal year, any responses falling under "false alarm—activation of alarm," as defined in section 34-31, will result in the alarm user being billed the amount set forth in section 42-34. Notwithstanding the provisions set forth in subsections (a) and (b) of this section, the city acknowledges that there may occur certain situations beyond the reasonable control of the user which could result in an excess of false alarms or complaints. Therefore, upon written request of the user, the city manager is delegated the discretionary authority to waive the charge in those cases where he determines that such waiver is in the best interests of the public health, safety and welfare and that such excessive false alarms were outside the reasonable control of the user. In such cases, the city manager's decision shall be final.

(c)

The alarm administrator shall, in both his notifications by certified mail per subsections (a) and (b) of this section, inform the alarm user of the revocation penalty noted in subsection (d) of this section and its applicability should future false alarm billings not be paid.

(d)

If the amount billed to the alarm user for emergency responses to false alarms is not paid within 30 days of the statement date, the alarm administrator or his designee may revoke the alarm user's permit.

(e)

The city's notice of revocation to the alarm user shall specifically state that the permit holder does have the right to appeal to the city manager, as noted in subsection (f) of this section.

(f)

If the alarm user's permit is revoked, the alarm user may appeal the revocation to city manager, provided such appeal is made within ten calendar days from the date of revocation. The city manager has the discretionary authority, for good cause shown, to rescind the revocation. The city manager's decision shall be final.

(g)

If the alarm user's permit is revoked and the alarm user seeks to operate his alarm for the remainder of the fiscal year, the alarm user must first make application to the city and pay the appropriate fee.

(h)

It shall be a violation of this article to operate an alarm system when the permit for that system has been revoked by the alarm administrator or his designee and a new alarm permit has not yet been obtained.

(i)

No alarm permit will be issued to an individual or business who owes billing to the city which results from implementing the provisions of subsection (b) of this section.

(j)

The city utility billing department will notify the alarm system administrator of new customers.

(k)

Users who have paid fees in any amount pursuant to prior ordinances will be given credit for payment of the registration fee imposed by this division and will not be subject to an additional registration fee. However, payment of prior fees totally in excess of the amount imposed by this division will not entitle users to any refund, except that persons who have paid renewal fees for fiscal year 1998-99 will be given a refund.

(Ord. No. 689, § 1(9.11.050(D)), 6-16-1998)