Chapter 24
FIRE PREVENTION AND PROTECTION*
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State law references: Fire Safety Standard and Firefighter Protection Act, 74 O.S. § 326.1; municipal comprehensive plans designed to accomplish fire safety, 11 O.S. § 43-103; fire suppression plans and contracts, fire protection districts, 19 O.S. § 901.1, 2 O.S. § 2-4; authority for removal of fire hazards, 74 O.S. § 317; driving over fire hoses prohibited, 47 O.S. § 11-1109; fire training, 74 O.S. § 325.3; controlled burning, 2 O.S. § 16-24.1; right of entry for fire inspection, 74 O.S. § 317; municipal fire hazards and building location restrictions, 11 O.S. § 22-113; method for appointing members of paid fire department, 11 O.S. § 29-103; physical examination required for paid firefighters, 11 O.S. § 49-116.
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Article I.
In General
Secs. 24-1– 24-18. Reserved.
Article II.
Fire Code
Sec. 24-19. Adoption.
Sec. 24-20. Enforcement.
Sec. 24-21. Modifications.
Sec. 24-22. Appeals.
Secs. 24-23– 24-47. Reserved.
Article III.
Fire Regulations
Division 1.
Generally
Secs. 24-48– 24-67. Reserved.
Division 2.
Open Burning
Sec. 24-68. Burning trash.
Sec. 24-69. Burning dead grass, weeds or other material.
Secs. 24-70– 24-96. Reserved.
Division 3.
Oil and Gas
Sec. 24-97. Oil and gas code adopted.
Sec. 24-98. Liquefied petroleum gas (LPG) code adopted.
Sec. 24-99. Installation of LPG system; notice; approval.
Sec. 24-100. Records of installation of LPG equipment; inspection of records and equipment.
Sec. 24-101. Standards for use and installation of liquefied petroleum gas equipment.
Sec. 24-102. Permit required for installation of LPG equipment; fees.
Sec. 24-103. Tanks on LPG vehicles, permit required to have vehicle repaired.
Sec. 24-104. Parking of LPG trucks prohibited; exception.
Secs. 24-105– 24-121. Reserved.
Article IV.
Fire and Rescue Department
Division 1.
Generally
Sec. 24-122. Volunteer department; number of firefighters.
Sec. 24-123. Secretary-treasurer.
Sec. 24-124. Duties of department.
Sec. 24-125. Answering calls outside limits.
Secs. 24-126– 24-148. Reserved.
Division 2.
Fire Chief
Sec. 24-149. Appointment; authority.
Sec. 24-150. Assistant chief.
Sec. 24-151. Duties of fire chief generally.
Sec. 24-152. Fire chief to serve as fire marshal; duties.
Sec. 24-153. Fire chief to establish fire zones.
Sec. 24-154. Fire chief to control use of fire hydrants; use of hydrants restricted.
Sec. 24-155. Fire chief responsible for damaged property.
Sec. 24-156. Duty of police to enforce orders of fire chief at fire scenes.
Secs. 24-157– 24-180. Reserved.
Division 3.
Firefighters
Sec. 24-181. Officers of department.
Sec. 24-182. Probationary period for new members.
Sec. 24-183. Duty to respond to emergencies.
Sec. 24-184. Duty to attend departmental meetings and training sessions.
Sec. 24-185. Absences.
Sec. 24-186. Refusal to attend training.
Sec. 24-187. Offenses resulting in removal from department rolls.
Secs. 24-188– 24-212. Reserved.
Article V.
Ambulance Services District
Division 1.
Generally
Sec. 24-213. Creation.
Sec. 24-214. Levy and rate of levy.
Secs. 24-215– 24-236. Reserved.
Division 2.
Board of Trustees
Sec. 24-237. Board to govern district.
Sec. 24-238. Term of office.
Sec. 24-239. Powers and duties of trustees.
Sec. 24-240. Bonds.
Sec. 24-241. Interest.
Sec. 24-242. Increase in levy.
Sec. 24-243. Fees.
Sec. 24-244. Joining with other districts.
Sec. 24-245. Dissolution.
Sec. 24-246. Levy in event of dissolution.
Sec. 24-247. Elections.
Sec. 24-248. Capacity to sue and be sued.
Secs. 24-249– 24-274. Reserved.
Article VI.
Ambulance Services
Sec. 24-275. Purpose of service; subscription service to certain residents.
Sec. 24-276. Definitions.
Sec. 24-277. Administration by fire chief.
Sec. 24-278. Service to and from hospital, and outside area of service.
Sec. 24-279. Election to subscribe to ambulance service.
Sec. 24-280. Effect of termination of city utility service.
Sec. 24-281. Ambulance service for other cities.
Sec. 24-282. Persons not covered.
Sec. 24-283. Limitation of obligation of city.
Sec. 24-284. Ambulance service fees.
Sec. 24-285. Segregation of funds for ambulance service.
ARTICLE I.
IN GENERAL
Secs. 24-1– 24-18. Reserved.
ARTICLE II.
FIRE CODE*
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State law references: Authority for municipal adoption of nationally recognized building and fire codes, 74 O.S. § 324.8; authority for adoption of codes by reference, 11 O.S. § 14-107; appendices, commentary, amendments, supplements, replacements, and restatements included in the term "International Fire Code," 74 O.S. § 324.11.
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Sec. 24-19. Adoption.
The city has adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the International Fire Code, published by the International Code Council, being particularly the current edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended. Not less than one copy of the code has been and now is filed in the office of the fire chief and the same is hereby adopted and incorporated as fully as if set out at length herein.
(Code 2000, § 13-101)
Sec. 24-20. Enforcement.
The code hereby adopted shall be enforced by the chief of the fire department and by the fire marshal.
(Code 2000, § 13-102)
Sec. 24-21. Modifications.
(a) The chief of the fire department with approval of the board of commissioners 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.
(b) 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, in the case of applications requesting change, a signed copy shall be furnished the applicant.
(Code 2000, § 13-105)
Sec. 24-22. 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 board of commissioners within 30 days from the date of the decision appealed.
(Code 2000, § 13-106)
Secs. 24-23– 24-47. Reserved.
ARTICLE III.
FIRE REGULATIONS
DIVISION 1.
GENERALLY
Secs. 24-48– 24-67. Reserved.
DIVISION 2.
OPEN BURNING
Sec. 24-68. Burning trash.
(a) No person shall burn, cause to burn or permit to be burned any trash on any outside premises within the fire limits. All such trash shall be removed as provided by this Code.
(b) Outside the fire limits, trash may be burned in approved incinerators made of incombustible material. All such incinerators shall be placed at a distance of not less than 20 feet of any building or other combustible material and provided that no such burning shall take place during the hours between sunset and sunrise.
(c) Such fires shall be attended by some person competent to extinguish any fire originating therefrom, when large quantities are to be burned.
(d) No incinerator shall be used for service on any premises other than that of the owner.
(Code 2000, § 13-107(A))
Sec. 24-69. Burning dead grass, weeds or other material.
It is unlawful for any person to set fire to any dead grass, weeds or other dead matter. All such burning shall be done by or under the supervision of the fire department.
(Code 2000, § 13-107(B))
Secs. 24-70– 24-96. Reserved.
DIVISION 3.
OIL AND GAS*
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State law references: Oil and gas generally, 52 O.S. § 1 et seq.; underground storage of gas, 52 O.S. § 26.1 et seq.; Hazardous Liquid Transportation System Safety Act, 52 O.S. § 47.1 et seq.; Oklahoma Liquefied Petroleum Gas Regulation Act, 52 O.S. § 420.1 et seq.; Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Act, 52 O.S. § 420.20 et seq.
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Sec. 24-97. Oil and gas code adopted.
There is hereby adopted and incorporated herein by reference a statement of policies and regulations which shall be cited as the oil and gas code, enacted as Ordinance Number 532, May 20, 1985, and all amendments thereto. Such code shall be fully applicable as if set out at length herein.
(Code 2000, § 5-801; Ord. No. 532, 5-20-1985)
Sec. 24-98. Liquefied petroleum gas (LPG) code adopted.
(a) It is unlawful for any person to manufacture, fabricate, assemble, install, or repair any system, container, apparatus, or appliance to be used for the transportation, storage, dispensing, or utilization of liquefied petroleum gas (LPG), or to transport, handle, or store such gas, unless such person has complied with and complies with all provisions of the law and ordinances relating thereto, and has any license or permit which may be required by state law.
(b) The NFPA Pamphlet 58, Liquefied Petroleum Gas Code issued by the National Fire Protection Association, the latest edition thereof, adopted by the Oklahoma Liquefied Petroleum Gas Board, shall have full force and effect within this city.
(c) Any violation of these rules and regulations shall be deemed a violation of the ordinances of the city and shall be punished accordingly.
(Code 2000, § 5-901)
Sec. 24-99. Installation of LPG system; notice; approval.
No system for the use or dispensation of liquefied petroleum gases shall be installed within the city until written notice thereof is given to the fire marshal of the city, and the plans and specifications for such system have been submitted to such fire marshal and approved by him. Every such system installed or used in the city shall have been tested and listed either by the Underwriter's Laboratories, Inc., or by a nationally recognized testing laboratory, and shall be approved by the state liquefied petroleum gas administrator.
(Code 2000, § 5-903)
Sec. 24-100. Records of installation of LPG equipment; inspection of records and equipment.
Every person installing liquefied petroleum gas equipment, other than gas-burning appliances and replacing of portable cylinders, shall keep a record of each installation showing the name and address of the customer at whose place the liquefied petroleum gas equipment has been installed and the date of installation. Such records shall be disclosed to the fire marshal of the city at any time upon his request during regular business hours. The fire marshal shall, at any time he deems it necessary as a precautionary measure, inspect such records. The fire marshal may, at any reasonable time, inspect the installation of liquefied petroleum gas equipment.
(Code 2000, § 5-904)
Sec. 24-101. Standards for use and installation of liquefied petroleum gas equipment.
The use and installation of liquefied petroleum gas equipment shall be in conformity with the provisions of this division, with state statutes, and with any orders, rules or regulations issued by authority thereof, and with generally recognized standards for safety to persons and property. Where no specific standards are prescribed by this article or by state statutes, or by any orders, rules or regulations issued by authority thereof, conformity with the standards of the National Fire Protection Association for the design, installation, and construction of containers and pertinent equipment for the storage and handling of liquefied petroleum gases, as amended, shall be prima facia evidence of conformity with generally recognized standards for safety to persons and property.
(Code 2000, § 5-905)
Sec. 24-102. Permit required for installation of LPG equipment; fees.
Before any person shall install any equipment in the city for the storage, dispensation, or handling of liquefied petroleum gases, such person shall first obtain a permit therefor from the fire marshal of the city; and in granting or refusing such permit, the fire marshal shall take into consideration the proposed location of such equipment and the probable hazards involved by reason of the proposed location thereof. Fees for permits for installation of liquefied petroleum gas equipment shall be as provided in the city fee schedule.
(Code 2000, § 5-906)
Sec. 24-103. Tanks on LPG vehicles, permit required to have vehicle repaired.
(a) Before the owner or operator of any vehicle on which is mounted a tank used in the transportation of any liquefied petroleum gas shall deliver such vehicle, or cause the same to be delivered to any garage or other establishment for repair, he shall first submit the liquefied petroleum gas tank for inspection by the fire marshal of the city, who shall require that such tank be virtually depleted of its contents, and the pressure therein reduced to the satisfaction of the fire marshal.
(b) Upon compliance with such orders of the fire marshal, the fire marshal shall issue a permit to the owner or operator of such vehicle authorizing the delivery of such vehicle to a garage or other institution for repair, upon payment of the permit fee specified in the city fee schedule.
(c) No person engaged in the repair of vehicles shall receive into his place of business any vehicle on which a liquefied petroleum gas transport tank is mounted unless the owner or operator of such vehicle shall then and there exhibit the permit from the fire marshal as provided in this section.
(d) During the hours when any repair shop or garage having possession of any vehicle on which a liquefied petroleum gas transport tank is mounted is not open for business, no such vehicle shall be kept within the garage or repair shop building.
(Code 2000, § 5-907)
Sec. 24-104. Parking of LPG trucks prohibited; exception.
No person shall park, or cause to be parked, any liquefied petroleum gas transport truck or vehicle on any public street or alley, or on any public or private property or driveway, within the corporate limits of the city whether or not any such transport truck or vehicle is carrying any liquefied petroleum gas on board, except when any such transport truck or vehicle is actually engaged in dispensing liquefied petroleum products into any tank then being serviced and under conditions meeting the minimum safety standards provided for by ordinance of the city and by the laws of the state.
(Code 2000, § 5-908)
Secs. 24-105– 24-121. Reserved.
ARTICLE IV.
FIRE AND RESCUE DEPARTMENT
DIVISION 1.
GENERALLY
Sec. 24-122. Volunteer department; number of firefighters.
(a) The fire and rescue department of the city is a volunteer fire and rescue department having both employed, salaried full-time and volunteer firefighters and rescue and ambulance personnel in such number as are authorized from time to time by the commissioners.
(b) For the purpose of this article, a volunteer firefighter shall be considered as one who is enrolled as a member of the fire and rescue department and who serves in that capacity without receiving a regular salary.
(Code 2000, § 13-207; Res. No. 2007-09, 11-19-2007)
State law references: Authority of municipality to procure fire protection and prevention equipment and to establish and operate a fire department, 11 O.S. § 29-101.
Sec. 24-123. Secretary-treasurer.
One member elected by the fire and rescue department shall be secretary-treasurer. His duties shall consist of calling the roll at the opening of each meeting, keeping the minutes of each meeting and collecting any money due the department by the members.
(Code 2000, § 13-211)
Sec. 24-124. Duties of department.
It is the duty of the fire and rescue department, among others, to extinguish fires; to rescue persons endangered by fire; to resuscitate, and to administer first aid to, persons injured in or about burning structures or elsewhere in case of an emergency; to promote fire prevention and, unless otherwise provided, to enforce all ordinances relating to fires, fire prevention, and safety of persons from fire and explosions in theaters, stores, and other public buildings; and to provide rescue and ambulance services as directed from to time to time by the city commission.
(Code 2000, § 13-214; Res. No. 2007-09, 11-19-2007)
Sec. 24-125. Answering calls outside limits.
The fire and rescue department, in accordance with any regulations the board of commissioners may prescribe, may respond to calls outside the city limits. In answering calls outside the limits or performing fire prevention, rescue, resuscitation, first aid, inspection or any other official work outside the city limits, the department shall be considered an agent of the state and acting in a governmental capacity. The city shall not be liable for any act of commission, omission or negligence in answering, returning from or performing such work outside the limits.
(Code 2000, § 13-216)
State law references: Firefighters doing official work outside municipal limits deemed to be serving in regular line of duty, 11 O.S. § 29-107.
Secs. 24-126– 24-148. Reserved.
DIVISION 2.
FIRE CHIEF
Sec. 24-149. Appointment; authority.
The fire chief shall be appointed by the city manager, and removable by the city manager. The chief of the fire and rescue department is an officer of the city and has supervision and control of the fire and rescue department.
(Code 2000, § 13-201)
State law references: Appointment of fire chief, 11 O.S. § 29-204.
Sec. 24-150. Assistant chief.
In the absence of the chief, the assistant chief on duty shall command the department and be held responsible therefor in all respects with the full powers and responsibilities of the chief.
(Code 2000, § 13-209)
State law references: Similar provisions, 11 O.S. § 29-204.
Sec. 24-151. Duties of fire chief generally.
The chief shall be at the head of the department, subject to the laws of the state, ordinances of this city, and the rules and regulations herein adopted. The chief shall be held responsible for the general condition and efficient operation of the department, the training of members, and the performance of all other duties imposed upon him. He shall have the following duties:
(1) To inspect, or cause to be inspected by members of the department, the fire hydrants, cisterns, and other sources of water supply at least twice each year to determine their readiness and availability for firefighting;
(2) To maintain a library or file of publications on fire prevention and fire protection and to make use of it to the best advantage of all members;
(3) To make every effort to attend all fires and direct the officers and members in the performance of their duties;
(4) To see that the citizens are kept informed on fire hazards in the community and on the activities of the department; and
(5) To see that each fire is carefully investigated to determine its cause, and in the case of suspicion of incendiarism to notify proper authorities and secure and preserve all possible evidence for future use in the case.
(Code 2000, § 13-208)
State law references: Similar provisions, 11 O.S. § 29-204.
Sec. 24-152. Fire chief to serve as fire marshal; duties.
The city has created the office of fire marshal. It shall be the duty of the fire marshal to make all inspections and enforce all provisions of this article except as otherwise specially provided. To this end, the fire marshal is vested with full and complete police power insofar as is necessary for the proper and effective discharge of his duties. Unless otherwise provided by the board of commissioners, the fire chief shall act as fire marshal.
(Code 2000, § 13-202)
Sec. 24-153. Fire chief to establish fire zones.
The fire chief shall have power to lay off fire zones in the vicinity of each and every fire. Such zones shall extend so far as necessary to prevent damage or injury to person or property and to provide for the proper and efficient operation of the fire and rescue department. It shall be unlawful for any person to enter such fire zones or to park any vehicle therein.
(Code 2000, § 13-204)
Sec. 24-154. Fire chief to control use of fire hydrants; use of hydrants restricted.
Fire hydrants and plugs connected with the waterworks mains and laterals and located in the public streets, avenues or alleys of the city shall be under direct supervision and control of the fire chief. They shall be used only by members of the fire and rescue department and shall not be used by contractors as sources of water supply.
(Code 2000, § 13-203)
Sec. 24-155. Fire chief responsible for damaged property.
It shall be the duty of the fire chief to take charge of any damaged personal property and to guard its possession until properly stored or repossessed by the owner thereof. This shall include all household furnishings or merchandise which may be removed from the building during the fire. The chief of police shall actively assist the fire chief in the performance of this duty.
(Code 2000, § 13-206)
Sec. 24-156. Duty of police to enforce orders of fire chief at fire scenes.
It shall be the duty of the police department to attend fires within the city, to prevent theft or damage to property and to execute all orders of the fire chief. Members of the police department responding to fires within the city shall enforce any orders of the fire chief or his designee within any fire zone or at any point within the vicinity of the fire.
(Code 2000, § 13-205)
Secs. 24-157– 24-180. Reserved.
DIVISION 3.
FIREFIGHTERS
Sec. 24-181. Officers of department.
The fire and rescue department officers shall be selected based upon their knowledge of firefighting, their leadership ability and their knowledge of firefighting equipment.
(Code 2000, § 13-210)
State law references: Similar provisions, 11 O.S. § 29-204.
Sec. 24-182. Probationary period for new members.
All new members shall be on probation for one year after their appointment. New volunteer members upon completion of their probation period must be approved by the majority of the fire and rescue department and the city manager.
(Code 2000, § 13-212)
State law references: Similar provisions, 11 O.S. § 29-204.
Sec. 24-183. Duty to respond to emergencies.
All volunteer firefighters are required, when notified, to respond to alarms of fire and other emergencies.
(Code 2000, § 13-213(1))
State law references: Similar provisions, 11 O.S. § 29-204.
Sec. 24-184. Duty to attend departmental meetings and training sessions.
All volunteer firefighters are required to be present at all regular meetings, called meetings, and schools presented for the benefit of the firefighters and to attend at least one regular business meeting each month.
(Code 2000, § 13-213(2), (3))
State law references: Similar provisions, 11 O.S. § 29-204.
Sec. 24-185. Absences.
Any volunteer firefighter having two unexcused absences in succession or three unexcused absences in a period of three months from required emergency response or business or training events will be dropped from the fire and rescue department rolls. Volunteer firefighters leaving city for an extended period of time will be required to notify the chief and obtain approval, in advance, for any resulting absences.
(Code 2000, § 13-213)(4), (5)
State law references: Similar provisions, 11 O.S. § 29-204.
Sec. 24-186. Refusal to attend training.
Any volunteer firefighter refusing to attend training classes provided for him will be dropped.
(Code 2000, § 13-213(6))
State law references: Similar provisions, 11 O.S. § 29-204.
Sec. 24-187. Offenses resulting in removal from department rolls.
Any volunteer member of the fire and rescue department shall be dropped from the rolls for the following offenses:
(1) Conduct unbecoming a firefighter;
(2) Any act of insubordination;
(3) Neglect of duty;
(4) Repeated absences, as provided in this division;
(5) Any violation of rules and regulations governing the fire and rescue department; or
(6) Conviction of a felony in this or any other state.
(Code 2000, § 13-213(7))
State law references: Similar provisions, 11 O.S. § 29-204.
Secs. 24-188– 24-212. Reserved.
ARTICLE V.
AMBULANCE SERVICES DISTRICT*
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State law references: Oklahoma Emergency Response Systems Development Act, 63 O.S. § 1-2501 et seq., emergency medical service districts, Ok. Const. Art. 10, § 9C.
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DIVISION 1.
GENERALLY
Sec. 24-213. Creation.
The city has formed an ambulance services district which is hereinafter referred to as "district." The district was duly approved by the city's qualified voters, as required by law.
(Code 2000, § 13-620; Ord. No. 441, 6-6-1977)
Sec. 24-214. Levy and rate of levy.
The city has authorized a tax levy of not more than three mills on the dollar of the assessed valuation of all taxable property in the district.
(Code 2000, § 13-621; Ord. No. 441, 6-6-1977)
Secs. 24-215– 24-236. Reserved.
DIVISION 2.
BOARD OF TRUSTEES
Sec. 24-237. Board to govern district.
The ambulance services district shall be governed by the mayor and board of commissioners of the city as the board of trustees of the district.
(Code 2000, § 13-622; Ord. No. 441, 6-6-1977)
Sec. 24-238. Term of office.
Members of the board of trustees of the district shall hold a term of office coextensive with the term of office which they hold as mayor and board of commissioners of the city.
(Code 2000, § 13-623; Ord. No. 441, 6-6-1977)
Sec. 24-239. Powers and duties of trustees.
The board of trustees of the district shall have the power and duty to promulgate and adopt such rules, procedures and contract provisions necessary to carry out the purposes and objectives of this article. The board of trustees of the district shall have the additional powers to hire appropriate personnel, contract, organize, maintain, or otherwise operate the services within the city and such additional powers as may be authorized by law.
(Code 2000, § 13-624; Ord. No. 441, 6-6-1977)
Sec. 24-240. Bonds.
The board of trustees of the district may issue bonds, if approved by a majority vote of the registered qualified voters of the city at a special election for such purpose. All registered qualified voters within the designated district shall have the right to vote in the election. Such bonds shall be issued for the purpose of acquiring emergency vehicles and other equipment, and maintaining and housing the same.
(Code 2000, § 13-625; Ord. No. 441, 6-6-1977)
Sec. 24-241. Interest.
The bonds authorized in section 24-240, if issued, shall not bear interest at a greater rate than that authorized by the constitution and statutes of the state. Any district may refund its bonds as is now provided by law for refunding municipal bonds.
(Code 2000, § 13-626; Ord. No. 441, 6-6-1977)
Sec. 24-242. Increase in levy.
In the event the mill levy set forth in any special election proclamation is less than three mills, the board of trustees of the district may call a subsequent election to consider increasing the mill levy. However, the total levy authorized shall not exceed three mills.
(Code 2000, § 13-627; Ord. No. 441, 6-6-1977)
Sec. 24-243. Fees.
(a) The district shall be empowered to charge fees for services and accept gifts, funds or grants from sources other than the mill levy which shall be used and accounted for in a like manner; provided, however, that notwithstanding any provision to the contrary, charges shall be made for the ambulance service rendered to those persons who receive it pursuant to the section 24-275. Persons served outside the district, except those subject to the benefits provided under this article, shall be charged an amount equal to the actual cost for the service, not taking into account any income the district receives from millage from sources within the district.
(b) The board of trustees of the district shall have legal authority to bring suits necessary to collect amounts owed and to sue and defend as necessary for the protection of the board. The state auditor and inspector are hereby authorized to conduct an annual audit of the operation of such district.
(Code 2000, § 13-628; Ord. No. 441, 6-6-1977)
Sec. 24-244. Joining with other districts.
The district formed hereunder may hereafter join an existing district or join with other incorporated cities or towns in the formation of a district.
(Code 2000, § 13-629; Ord. No. 441, 6-6-1977)
Sec. 24-245. Dissolution.
The district created hereby may be dissolved as provided by law.
(Code 2000, § 13-630; Ord. No. 441, 6-6-1977)
Sec. 24-246. Levy in event of dissolution.
In the event the district is dissolved, any mill levy used to support, organize, operate and maintain the ambulance service district shall cease, provided that such mill levy shall not cease until all outstanding ambulance service bonds of that district are retired and all other debts incurred by the ambulance service district have been satisfied.
(Code 2000, § 13-631; Ord. No. 441, 6-6-1977)
Sec. 24-247. Elections.
All elections called under the provisions of this article shall be conducted as required by law.
(Code 2000, § 13-632; Ord. No. 441, 6-6-1977)
Sec. 24-248. Capacity to sue and be sued.
The board of trustees of the ambulance service district shall have the capacity to sue and to be sued, to the extent provided by law.
(Code 2000, § 13-633; Ord. No. 441, 6-6-1977)
Secs. 24-249– 24-274. Reserved.
ARTICLE VI.
AMBULANCE SERVICES
Sec. 24-275. Purpose of service; subscription service to certain residents.
The mayor and the board of commissioners find that the current cost for ambulance service furnished by the city is, due to expenses related to maintaining such ambulance service, a hardship upon persons compelled to call upon such service, and that the best interest of the residents of the city would be served by providing for ambulance services and by funding in part such ambulance service by an increase in the charge made for utility services in such amounts as set by the board of commissioners.
(Code 2000, § 13-602; Ord. No. 408, 8-4-1975; Ord. No. 658, 12-11-1996)
State law references: Authority of municipalities to regulate and control ambulance services, 63 O.S. § 1-2515.
Sec. 24-276. Definitions.
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:
City means the incorporated city, including all property annexed thereto, except any property heretofore or hereafter annexed by means of fencing.
Emergency means a sudden and unexpected illness or injury requiring immediate transportation to a hospital or other place where emergency medical attention is rendered and means circumstances in which life or limb is in imminent danger of loss and does not include any illness or injury which was gradual in its onset and for which a reasonable person would have had ample opportunities to secure adequate medical attention by a means other than urgent ambulance transportation.
EMT means emergency medical technician.
Geographic center means the intersection of the centerlines of Broadway and 11th Streets in the city.
Illness or injury means any physical impairment or disability which arose suddenly and unexpectedly and which requires immediate medical attention and it does not include any mental illnesses but it does include attempted suicide and it further does not include emergency transportation when the person transported was biologically dead when the ambulance transportation commenced.
Physician means any medical doctor or osteopathic physician licensed to practice within the state and it does not include any other practitioners of the healing arts, including but not limited to psychologists, psychiatrists and chiropractors.
Place of business or business means any commercial establishment having a location separate and apart from any other such establishment.
Residence means one single-family dwelling unit.
Residents means those persons permanently residing in the city, and who resided in the city for a continuous period of not less than 60 days, and who reside in the city with the intention of permanently making the city their only place of residence for an indefinite period of time.
(Code 2000, § 13-603)
Sec. 24-277. Administration by fire chief.
The rescue and ambulance services provided by the city shall be under the direct supervision of the city fire chief.
(Code 2000, § 13-604; Ord. No. 408, 8-4-1975; Res. No. 2007-09, 11-19-2007)
Sec. 24-278. Service to and from hospital, and outside area of service.
(a) Ambulance service will be furnished to all persons eligible for service without charge in excess of payment from Medicare or an insurer under a policy of insurance, if any, providing coverage therefor to the closest adequate hospital when:
(1) For illness or injury when there exists an obvious emergency or when ordered by a physician due to an emergency;
(2) Ambulance transportation to a hospital or other place where medical attention is available and is reasonable and necessary; and
(3) Ambulance transportation is for emergency treatment of a person eligible for service.
(b) Ambulance service will also be furnished to all persons eligible for ambulance service from the hospital to their residence in the city, or residence within ten miles of the geographic center of the city when:
(1) Transportation from a hospital by means of ambulance is medically reasonable and necessary; and
(2) Travel from such hospital by any means other than ambulance is impractical for medical reasons or poses a threat of harm.
(Code 2000, § 13-606; Ord. No. 408, 8-4-1975; Ord. No. 658, 12-11-1996)
Sec. 24-279. Election to subscribe to ambulance service.
All residents of the city whose residences do not receive water or electrical service from the city and all persons residing outside the corporate limits, but within five miles from the geographic center of the city, are hereby granted the right and privilege to subscribe to such ambulance service and such persons may subscribe to such ambulance service in the following manner:
(1) By filing, on a form to be furnished by the city, a written request for ambulance service and payment of the fee provided in the city fee schedule, which such sum shall constitute the payment for the ambulance service in excess of any payment from Medicare or any insurer under a policy of insurance, if any, providing coverage therefor for a period of one year from the date of such payment; and
(2) By the filing of such form and the payment of such sum each year thereafter to the city clerk.
(Code 2000, § 13-607; Ord. No. 424, 8-23-1976; Ord. No. 518, 9-24-1983; Ord. No. 658, 12-11-1996)
Sec. 24-280. Effect of termination of city utility service.
If electrical or water service shall for any reason be terminated to any resident of the city or any other person eligible for gratuitous ambulance service, such person shall no longer be entitled to gratuitous ambulance services.
(Code 2000, § 13-608; Ord. No. 424, 8-23-1976)
Sec. 24-281. Ambulance service for other cities.
(a) The ambulance service provided for in this article may be extended to residents of other towns or cities by a resolution of the board of commissioners of the city when, in the opinion of such board, the city is able to provide gratuitous ambulance services for such town or city, provided that the board of commissioners shall not by resolution authorize ambulance service for any other town or city until all of the following have occurred:
(1) Such town or city has, by resolution of its governing body, requested such service;
(2) The city or town has lawfully enacted an ordinance providing funds in an amount proportionately equal to the funds to be generated by this chapter in relation to the relative population of such town or city, as it bears to the population of this city; however, such sum may, by resolution of the board of commissioners, be increased if such town or city is more than ten miles from the geographic center of this city, such increase to bear a reasonable relation to the additional distance which the ambulance will travel; and
(3) The city or town has provided by law for the payment of such funds to this city on a monthly basis.
(b) Any service furnished to any other town or city shall be subject to termination by the board of commissioners of this city upon a finding that continued provision of ambulance service to such town or city jeopardizes the rendition of such service to residents of this city or when it becomes apparent that the sums paid by such town or city for such ambulance service are insufficient to cover the expense of furnishing such service; provided, however, that this city may not terminate such ambulance service except upon 60 days' written notice to any other town or city receiving such service.
(Code 2000, § 13-609; Ord. No. 424, 8-23-1976)
Sec. 24-282. Persons not covered.
All persons to whom ambulance service is not afforded by this article shall pay reasonable charges for such ambulance service as may be determined by the board of commissioners.
(Code 2000, § 13-610; Ord. No. 424, 8-23-1976; Ord. No. 658, 12-11-1996)
Sec. 24-283. Limitation of obligation of city.
(a) Under no conditions shall the city be obligated to pay any sums of money to any person eligible for the benefits conferred by this article. When any person elects to use any ambulance service other than that provided by the city, the city shall have no liability or obligation to pay such person any benefits therefor.
(b) When the city is for any reason unable to provide ambulance service as contemplated by this article, no person being refused ambulance service at such time shall be entitled to make any claim or demand against the city or receive any benefits from the city.
(Code 2000, § 13-611; Ord. No. 424, 8-23-1976)
Sec. 24-284. Ambulance service fees.
Fees for city ambulance services shall be as provided in the city fee schedule.
(Code 2000, § 13-601; Ord. No. 424, 8-23-1976; Ord. No. 518, 9-22-1983; Ord. No. 519, 9-29-1983; Ord. No. 559, 11-9-1987; Ord. No. 680, 12-7-1998; Ord. No. 735, 8-4-2003; Res. No. 2008-05, 7-7-2008)
Sec. 24-285. Segregation of funds for ambulance service.
All monies derived from and resulting from ambulance services rendered, are hereby earmarked and segregated for the operation and maintenance of an ambulance service by the city.
(Code 2000, § 13-605; Ord. No. 408, 8-4-1975)