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Town of Calera
Oklahoma · Est. 1872
Chapter

CHAPTER 33 — Law Enforcement And Public Safety

Police Department

§ 33.001 Police Department Created; Police Chief To Head

   There shall be a Police Department, the head of which is the Chief of Police, or Police Chief, appointed by the Town Board of Trustees and removable by the Board. The Police Chief is an officer of the town and has supervision and control of the Police Department. All police officers are officers of the town.
(Prior Code, § 13-301)
Statutory reference:
   Police department and duties, see 11 O.S. §§ 34-101 et seq.

§ 33.002 Duties Of Police Department

   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 town; to suppress all riots, affrays and unlawful assemblies which may come to its knowledge, and generally to keep the peace; to serve all warrants, writs, executions and other processes properly directed and delivered to it; to apprehend and arrest persons violating federal or state law as provided by law and to turn them over to the 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 town’s jail.
(Prior Code, § 13-302)

§ 33.003 Police Officers, Appointment And Duties

   Police officers shall be appointed subject to the approval of the Town Board of Trustees. Police officers shall perform such duties as shall be required of them by the Police Chief, town ordinances, federal, state and county regulations and any other actions required in the maintenance of good order and public peace.
(Prior Code, § 13-303)

§ 33.004 Unclaimed Property Delivered To Police Chief; Record Required

   (A)   All personal property which comes into the possession of any police officer which has been found, stolen or taken off of the person or out of the possession of any prisoner or person suspected of, or charged with, being a criminal, and which is not known to belong to some person laying claim thereto, shall be delivered into the charge of the Police Chief by the officer securing possession thereof.
   (B)   The Police Chief shall, in a permanent record book kept for that purpose, make a record sufficient to identify the property, with the date and circumstances of the receipt thereof, the name of the person from whom it was taken and the place where it was found. The record shall also disclose the subsequent disposal thereof, giving the date of sale, name and address of the purchaser and the amount for which it was sold.
(Prior Code, § 13-501)
Statutory reference:
   Alcoholic beverages seized in violation of law, see 37A O.S. § 3
   Disposal of liquor and gambling equipment seized by police, officers, see 22 O.S. §§ 1261 et seq.
   Disposal of stolen or embezzled property coming into hands of police officers, see 22 O.S. §§ 1321 et seq.
   Disposition of seasonal property by Police Chief, procedures, application to destroy, see 11 O.S. § 34-104
   Finders of lost goods, see 15 O.S. §§ 511 et seq.
   Uniform Unclaimed Property Disposition Act, see 60 O.S. § 655

§ 33.005 Disposition Of Unclaimed Property

   Any unclaimed personal property, other than animals, which remains unclaimed in the possession of the Police Chief, or the ownership of which is not to him or her satisfactorily established, for a period of more than 30 days shall be sold or disposed of in the manner required by law, except for such personal property as in the opinion of the Town Manager can be more advantageously used by some department or office of the town government.
(Prior Code, § 13-502)

§ 33.006 Unclaimed Property Returned To Finder Upon Request

   (A)   If not claimed or identified within 30 days, any personal property found by a person other than a public official or employee which is delivered to any police officer for identification shall, within ten additional days thereafter, be returned to the finder if requested by him or her, and a record of such disposal made thereof.
   (B)   If the finder does not request return of the property to him or her within such additional ten days, then the Police Chief shall sell the property in the manner required by law as if it had been found by a public official or employee, or on instruction by the Town Manager, deliver it to some department or office of the town government for its use.
(Prior Code, § 13-503)

§ 33.007 Property Recovery By Owner After Sale

   If any property is sold as herein provided and the owner thereof takes and recovers possession of the same from the purchaser, then the amount paid therefor shall be returned to the purchaser upon verified claim being submitted and approved by the Board of Trustees.
(Prior Code, § 13-504)
Police Reserve Force

§ 33.020 Police Reserve Force Created; Police Chief To Head

   (A)   Creation and membership.
      (1)   An auxiliary police force, to be known as the Police Reserve, is hereby established.
      (2)   It shall be composed of personnel who have volunteered to join the organization and whose application for membership has been accepted, and who have complied with all of the rules, regulations and orders provided for the conduct and control of the members thereof.
      (3)   The number of members is to be approved by the Police Chief and the Town Board members.
(Prior Code, § 13-310)
   (B)   Police Chief to head. The members of the Police Reserve shall be under the authority, control and command of the Police Chief and subject to all of this chapter.
(Prior Code, § 13-311)

§ 33.021 Authority Of Police Chief To Increase, Diminish Size Of Force

   The Police Chief may by order diminish or expand the membership of the Police Reserve Force as emergency may require within the limits hereinbefore established.
(Prior Code, § 13-318)

§ 33.022 Duties Of Police Reserve Force

   (A)   The duties of the Police Reserve Force, subject at all times to the direction, supervision and control of the Police Chief, shall be to assist the regular members of the Police Department of the town in the enforcement of laws and the maintenance of peace and order during periods of emergency designated by the Police Chief.
   (B)   (1)   The Chief may by order establish rules and regulations to govern the Police Reserve Force, to fix the specific duties of its members and to provide for the maintenance of discipline. He or she may change such orders from time to time, and he or she may command members of the Police Reserve Force to obey the instructions of regular police officers in carrying out their duties.
      (2)   The Chief may prescribe other duties than those mentioned herein which are not inconsistent with the provisions hereof to be performed by the Police Reserve Force.
(Prior Code, § 13-314)

§ 33.023 Qualifications And Appointment Of Members

   (A)   Appointment. Members of the Police Reserve shall be appointed from a list of eligibles compiled as hereinafter provided.
(Prior Code, § 13-312)
   (B)   Qualifications, application and oath.
      (1)   A list of eligibles shall be accompanied by a complete set of fingerprints or supplemented immediately by fingerprinting by the police division, which fingerprints shall be checked by the Identification Bureau to ascertain any criminal record of such persons.
      (2)   The applicants shall state the residence of the applicant. Each applicant shall be an actual resident of the county and shall furnish satisfactory proof of good character, temperate habits, freedom from communicable diseases and physical ability to perform the duties of the position for which he or she seeks appointment. The application shall be on the form prescribed by the Police Chief and approved by the Police Chief.
      (3)   All names upon a list of eligibles shall subscribe to an oath that he or she will observe and obey the Constitution of the United States, the State Constitution and the laws of the nation, the state and the town, and that he or she will carry out the duties of a member of the Police Reserve Force in the town to the best of his or her ability.
      (4)   A reserve municipal police officer shall serve on a part-time basis and shall perform his or her duties only while on authorized duty and for not more than 25 hours per calendar week. Such reserve municipal police officers must meet the minimum requirements of 70 O.S. § 3311.
(Prior Code, § 13-313)

§ 33.024 Powers And Authority Of Members

   (A)   Members of the Police Reserve Force, while on duty, shall carry firearms only on the express, written order of the Police Chief.
   (B)   No member of the Police Reserve Force shall break into or otherwise forcefully enter upon any private property or enter the dwelling or habitation of another person without the consent of the owner or occupant, except for when immediately accompanied by a regular member of the Police Department of the town who then and there requests his or her aid in the enforcement of the law.
   (C)   A member of the Police Reserve Force shall have the following powers of arrest and none other:
      (1)   He or she may arrest for a public offense committed in his or her presence;
      (2)   He or she may arrest a person who in fact committed a felony, although not in his or her presence;
      (3)   When a felony has in fact been committed, he or she may make an arrest when he or she has reasonable cause for believing the person arrested to have committed it; and
      (4)   He or she may go lend physical aid to any regular member of the Police Department in making any lawful arrest when authorized by the Police Chief or requested by any regular member of the Police Department of the town.
(Prior Code, § 13-319)

§ 33.025 Identification Card, Insignia Carried By Members

   An identification card and such other insignia or evidence of identity as the Chief may prescribe shall be issued to each member, who must carry the card and other identification at all times while on duty. Each member shall surrender the card and other identification upon the termination of his or her membership.
(Prior Code, § 13-315)

§ 33.026 Uniforms, Badges Prescribed By Police Chief

   The Police Chief shall prescribe the uniform and badges for the members of the Police Reserve Force and direct the manner in which the same shall be worn.
(Prior Code, § 13-322)

§ 33.027 Commission Expiration And Renewal

   (A)   Expiration and renewals. All commissions shall expire automatically at midnight on December 31 in any year. A renewal of the commission for any next-ensuing year may be had by the filing of an application by any holder of any commission.
   (B)   Renewal process. The application shall consist of a post card properly filled out by the applicant giving his or her full name and address and giving the number of his or her existing commission. This application shall be filed with the Police Chief. If such application for renewal is not presented on or before January 31 of the year for which renewal is sought, then anyone desiring a commission as a member of the Police Reserve shall make application as in the first instance where an applicant did not hold a commission.
(Prior Code, § 13-316)

§ 33.028 Termination Or Resignation Of Membership

   (A)   The membership of any person may be terminated by the Police Chief at any time for any cause deemed sufficient by the Police Chief.
   (B)   Any member may resign from the Police Reserve Force at any time, but it shall be the duty to notify the Chief of his or her resignation.
(Prior Code, § 13-317)

§ 33.029 Dismissal For Rule And Regulation Violations

   In addition to the penalties provided by law, any violation of law under color of performance of his or her duties as a member of the Police Reserve Force and any breach of the rules and regulations established by the Police Chief shall subject any member to summary expulsion, and the fact thereof may be published at the order of the Chief.
(Prior Code, § 13-320)
Fire Department

§ 33.040 Name And Purpose

   (A)   Name. This Department, located in the town, shall be known as the Calera Fire-Rescue. The Department will also be known as CFR.
(Prior Code, § 13-200)
   (B)   Purpose. The purpose of the CFR shall be the preservation and protection of life and property from and during such fires and emergencies as may occur in the area protected.
(Prior Code, § 13-201)
(Ord. 2013-02, passed 10-8-2013)

§ 33.041 Fire Department Establishment And Duties; Fire Chief To Head

   (A)   Fire Chief to head. There shall be a Fire Department, the head of which shall be the Chief of the Fire Department, or Fire Chief.
   (B)   Department duties. It is the duty of the Fire 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 the case of an emergency; to promote fire prevention and, unless otherwise provided, to enforce all ordinances relating to fires, fire prevention and the safety of persons from fire in a public area or private building.
   (C)   Volunteer firefighters.
      (1)   Definition. For the purpose of this subchapter, the following definition applies unless the context clearly requires a different meaning.
         VOLUNTEER FIREFIGHTER. One who is enrolled as a member of the Fire Department of the town and who serves in that capacity without receiving a regular salary.
      (2)   Membership. The size of the Volunteer Fire Department of the town shall be composed of not less than 15 and not more than 30 members.
(Prior Code, § 13-202) (Ord. 2013-02, passed 10-8-2013)

§ 33.042 Fire Chief, Election And Duties

   (A)   The Chief shall be the administrative head of the Department, subject to the laws of the state, the ordinances of the town and the rules and regulations adopted in this subchapter. The Fire Chief shall be elected annually from among the members of the Fire Department.
   (B)   The Chief shall have the following powers and duties, and he or she may assign duties to other members of the Department.
      (1)   The Chief shall be responsible for the general condition and efficient operation of the Department, the training of members and the performance of all other duties imposed on him or her. He or she shall have supervision and control of the Fire Department, subject to the supervision and control of the Town Board.
      (2)   The Chief may inspect or cause to be inspected by members of the Department the fire hydrants, cisterns and other sources of water supply at least twice a year.
      (3)   The Chief may maintain a library or file of publications on fire prevention and fire protection and shall make use of it to the best advantage of all members.
      (4)   The Chief shall make every effort to attend all fires and direct the officers and members in the performance of their duties.
      (5)   The Chief shall see that the citizens are kept informed on fire hazards in the community and on the activities of the Department.
      (6)   The Chief shall see that each fire is carefully investigated to determine its causes, and in the case of suspicion of incendiarism or arson, shall notify the proper authorities and secure and preserve all possible evidence for future use in the case.
      (7)   The Chief is authorized to enter any building or premises in the town at any reasonable hour for the purpose of making inspections and to serve written notice on persons for any violations which may be found.
      (8)   The Chief shall see that complete records are kept of all fires, inspections, apparatus and equipment, personnel and other information of the Department, and he or she shall make reports to the Town Board as it may require. The Chief shall keep the Board of Trustees informed regarding the Fire Department and its needs.
      (9)   The Fire Chief will be trained to the level of NIMS 300 and 400 within one year of being elected.
(Prior Code, § 13-203) (Ord. 2013-02, passed 10-8-2013)

§ 33.043 Deputy Chief, Election And Duties

   (A)   In the absence of the Chief, the Deputy Chief shall command the Fire Department and be held responsible therefor in all respects with the full powers and responsibilities of the Chief. The Deputy Chief shall be elected annually from among the members of the Fire Department.
   (B)   The Deputy Chief will be trained to the level of NIMS 300 and 400 within one year of being elected.
(Prior Code, § 13-204) (Ord. 2013-02, passed 10-8-2013)

§ 33.044 Company Officers

   (A)   Company officers shall be selected by the Chief based upon the following criteria:
      (1)   Knowledge of firefighting;
      (2)   Leadership ability; and
      (3)   Knowledge of firefighting equipment.
   (B)   Captains will be trained to the level of NIMS 300 and 400 within one year of being promoted.
(Prior Code, § 13-205) (Ord. 2013-02, passed 10-8-2013)

§ 33.045 Secretary-treasurer

   (A)   The Secretary-Treasurer shall be elected annually from among the members of the Fire Department.
   (B)   The Secretary-Treasurer’s duties shall consist of the following:
      (1)   Calling the roll at the opening of each meeting;
      (2)   Keeping the minutes of each meeting; and
      (3)   Collecting any money due to the Department by the members.
(Prior Code, § 13-206) (Ord. 2013-02, passed 10-8-2013)

§ 33.046 Department Elections

   (A)   Calera Fire-Rescue will hold elections of officers at the regularly-scheduled meeting in the month of December.
   (B)   All nominations for the elections will be made during the November meeting.
   (C)   All elected positions will take office on January 1.
   (D)   Elected officers will hold office from January 1 to December 31 of each calendar year.
   (E)   There are no term limits.
   (F)   No member can hold two elected positions.
   (G)   The positions of Fire Chief, Deputy Chief, Fire Marshal and Secretary-Treasurer will be elected annually.
   (H)   Any vacancy before the election will be filled by an appointment from the Fire Chief until the next regular or special election is scheduled. The appointment will be known officially as “acting” and the position, such as “Acting Fire Marshal.”
   (I)   (1)   In the event of a tie, a second ballot will be cast.
      (2)   In the event of a second tie, the currently-elected and appointed officers will vote. In the event of a second tie for the position of Fire Chief, the third vote will go before the Town Board.
(Prior Code, § 13-219) (Ord. 2013-02, passed 10-8-2013)

§ 33.047 Purchasing Authority

   The Fire Chief and Deputy Chief are the authorized purchasers of the Calera Fire-Rescue.
   (A)   Town duties.
      (1)   The Fire Chief will present an annual budget to the Town Board outlining any planned capital improvement purchases. The Fire Department will bid all purchases according to the current guidelines set by the town.
      (2)   The Fire Chief or Deputy Chief cannot spend over $5,000 without presenting to the Fire Department membership and receiving a majority vote of members present and with quorum.
   (B)   County Fire Tax.
      (1)   The Fire Chief and Deputy Chief will be the purchasing authority for the Calera Fire- Rescue concerning the County Fire Tax.
      (2)   Two of the captains will be the receiving authority for the Calera Fire-Rescue concerning the County Fire Tax.
(Prior Code, § 13-221) (Ord. 2013-02, passed 10-8-2013)

§ 33.048 Probationary Firefighters, Qualifications And Appointment

   (A)   All probationary firefighters shall be appointed by the Chief and shall be on probation for one year after their appointment. Probationary firefighters will be required to complete a minimum training standard in that one year. Failure to complete the training will result in failure to complete the probationary period. Upon completion of their probationary period, new members must be approved by the majority of the members of the Fire Department.
   (B)   A list of the members shall be presented to the Board of Trustees for their records. These members must:
      (1)   Be 18 years of age;
      (2)   Submit to a background check;
      (3)   Attend eight regular monthly meetings during their probationary period;
      (4)   Attend all trainings offered by the Department, unless excused by the Chief or Deputy Chief; and
      (5)   All applicants are subject to a drug screening.
   (C)   Anyone who has quit the Calera Fire-Rescue on good terms is eligible to be rehired.
   (D)   Anyone who has been dropped due to disciplinary action or pending disciplinary action is not eligible for rehire.
(Prior Code, § 13-207) (Ord. 2013-02, passed 10-8-2013)

§ 33.049 Volunteer Firefighters, Duties And Requirements

   (A)   All Volunteer Fire Department members are required, when notified, to respond to alarms of fire and other emergencies, to include, but not be limited to:
      (1)   Fire;
      (2)   Rescue;
      (3)   Medical;
      (4)   Human-made disasters;
      (5)   Natural disasters; or
      (6)   Any incident in which the Fire Department may have the equipment, training or knowledge to mitigate the incident.
   (B)   The Department will have at least one regularly-scheduled meeting a month. CFR will meet on the second Monday of every month at 6:00 p.m.
   (C)   A member is required to be present at six regular meetings and at as many special and committee meetings as possible. Failure to do so could result in being dropped from the Fire Department rolls.
   (D)   All members are required to become a Level 3 (intermediate) state firefighter.
   (E)   All firefighters will live in the district or within a four-mile radius of Town Hall.
   (F)   Any member leaving the town for an extended period of time is required to notify the Chief, the Deputy Chief or his or her company officer.
   (G)   All members will make any call received by the CFR.
   (H)   When in the area protected by the Department and available for duty, it is the responsibility of all active members of the Department to respond to all alarms of fire or emergency which are transmitted to the Department. All members must use due diligence, caution and sound judgment in responding to the scene of an emergency.
   (I)   Any member unable to make calls or to make a call may be excused by the Chief, the Deputy Chief or his or her company officer.
   (J)   Members responding to incidents in their private vehicles will do so with due regard and follow all state traffic laws.
   (K)   Equipment issued to members is the exclusive property of the Department and shall be treated with utmost care while in the members’ possession. This equipment is only to be utilized by members in support of the Department’s duties and activities.
   (L)   (1)   An annual review of all of a firefighter’s activities will be performed on each firefighter by his or her company officer and then the Chief and Deputy.
      (2)   This review is to see if the firefighter is meeting the terms and conditions of the bylaws and if he or she will remain a member of Calera Fire-Rescue.
(Prior Code, § 13-208) (Ord. 2013-02, passed 10-8-2013)

§ 33.050 Drivers Of Department Vehicles, Qualifications And Requirements

   (A)   All drivers or operators of any Department vehicle must be qualified to fully operate said vehicle and have a valid Oklahoma operator’s license. A member must be qualified by the training officer and approved by the Fire Chief prior to driving any Department vehicle. Drivers must adhere to all state laws, driver requirements, qualifications and responsibilities contained within the SOGs (standard operational guidelines) and must meet all requirements of the Department’s insurance carrier.
   (B)   A list of qualified drivers shall be posted and maintained by the Fire Chief in a conspicuous place in all firehouses.
(Prior Code, § 13-209) (Ord. 2013-02, passed 10-8-2013)

§ 33.051 Training Requirements

   (A)   Members.
      (1)   All members will become a Level 3 (intermediate level) firefighter in the state within three years of their probationary status.
      (2)   All members will attend training presented for the benefit of the member or the Department.
      (3)   Any member refusing to attend training classes provided for members of the Department will be dropped.
      (4)   All firefighters are required to have the following training: NIMS 100, 200, 700 and 800 (probationary year).
   (B)   Probationary firefighters. All probationary firefighters will complete the Department’s probationary-year fire training plan.
(Prior Code, § 13-210) (Ord. 2013-02, passed 10-8-2013)

§ 33.052 Department Rules And Regulations

   (A)   The Department will draft a copy of SOGs (standard operational guidelines) and be approved by the Chief.
   (B)   The Fire Department will update SOGs every two years.
   (C)   The Town Board of Trustees, by motion or resolution, may adopt and change regulations relating to the Fire Department and its organization, operations and compensation.
(Prior Code, § 13-212) (Ord. 2013-02, passed 10-8-2013)

§ 33.053 Disciplinary Actions

   (A)   Any disciplinary action will be written down and presented to the member by certified mail with return receipt.
   (B)   Any member of the Fire Department may be dropped from the rolls for any of the following:
      (1)   Offenses.
         (a)   Conduct unbecoming a firefighter;
         (b)   Any act of insubordination;
         (c)   Neglect of duty;
         (d)   Any violation of the rules and regulations of the Fire Department; or
         (e)   Conviction of a felony.
            1.   Any firefighter or firefighters charged with a felony will be automatically placed on administrative leave and must turn in his, her or their key and pager to the Chief.
            2.   a.   With any charge or charges to a firefighter or firefighters which involve alcohol, such firefighter or firefighters will be placed on administrative leave and must turn in his, her or their key and pager to the Chief. A board of two officers and three firefighters will review the incident and interview the member or members involved.
               b.   The board will recommend to the Chief if the member or members are to be allowed to stay on in the Department or will be dismissed from the Department. Any second offense involving alcohol, no matter the conviction, will result in an automatic dismissal from the Fire Department.
            3.   With any charge or charges to a firefighter or firefighters which involve illegal drugs, such firefighter or firefighters will be placed on administrative leave and must turn in his, her or their key and pager to the Chief. Any conviction, whether misdemeanor or felony, involving illegal drugs will result in an automatic dismissal from the Fire Department.
      (2)   Vote. By a two-thirds vote of all of the members of the Department; all votes must be by secret ballot at a regular or special meeting called by the Chief or Deputy Chief.
   (C)   All members who are dropped from the Fire Department rolls have 15 days to return all issued equipment.
(Prior Code, § 13-211) (Ord. 2013-02, passed 10-8-2013)

§ 33.054 Use Of Fire Equipment; Inventory And Repair

   No person shall use any fire apparatus or equipment for any private purpose, nor shall any person willfully and without proper authority take away or conceal any article used in any way by the Department. No person shall enter any place where a fire apparatus is housed or handle any apparatus or equipment belonging to the Department unless accompanied by, or having the special permission of, the Chief or Deputy Chief.
(Prior Code, § 13-213) (Ord. 2013-02, passed 10-8-2013) Penalty, see § 33.999

§ 33.055 Contracts Authorized Outside Of Town Limits

   The town 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 of the corporate limits of the town, and to contract to provide fire protection jointly with other organizations and municipal subdivisions of the state.
(Prior Code, § 13-214) (Ord. 2013-02, passed 10-8-2013)

§ 33.056 Contract Terms, Fees For Service

   Any contract entered into by the town with an individual owner, firm, private corporation or association for outside aid or for mutual aid for fire protection shall provide for payment to the town by the owner, firm, private corporation or association or political subdivision for such fire apparatus and personnel at the rate per call as set by the Town Board. All fire runs inside the limits will go into the Fire Department funds. All monies collected must be turned in to the Town Clerk-Treasurer.
(Prior Code, § 13-215) (Ord. 2013-02, passed 10-8-2013)

§ 33.057 Fire Unions

   Section 33.056 of this chapter will only take effect if the Fire Department becomes a combination or career department with paid firefighters and said firefighters form a union.
   (A)   The town does not refuse the right to form a fire union.
   (B)   The town will not enter into collective bargaining with a fire union over matters of fire operations and the forming of rules and regulations or standard operating guidelines, unless such pertain to health and safety.
   (C)   The town will enter into collective bargaining with a fire union concerning salaries, benefits and firefighter safety. The Fire Chief will retain operational control of the Fire Department.
(Prior Code, § 13-220) (Ord. 2013-02, passed 10-8-2013)

§ 33.058 Authority To Answer Calls Outside Of Town Limits

   The Fire Department of the town is hereby authorized and directed to answer all calls outside of the corporate limits of the town at the discretion of the Fire Chief. The Fire Department may not answer such calls outside of the corporate limits if the Fire Chief feels that the town would be left uncovered.
(Prior Code, § 13-216) (Ord. 2013-02, passed 10-8-2013)

§ 33.059 Firefighters Considered Serving In Regular Line Of Duty

   All volunteer firefighters of the Fire Department of the town attending and serving at any incident, training or fire prevention task outside of the corporate limits of the town, as herein provided, shall be considered as serving in their regular line of duty as fully as if they were serving within the corporate limits of the town. The firefighters shall be entitled to all of the benefits of any firefighters pension and relief fund in the same manner as if the firefighting, training or fire prevention work were being done within the corporate limits of the town. Any compensation shall be as provided by the Board of Trustees by ordinance or resolution.
(Prior Code, § 13-217) (Ord. 2013-02, passed 10-8-2013)

§ 33.060 Department Considered Agent Of State

   The Fire Department of the town, when answering any fire alarm or call or performing any fire prevention services outside of the corporate limits of the town, shall be considered as an agent of the state and acting solely and alone in a governmental capacity, and the municipality shall not be liable in damages for any act of commission, omission or negligence while answering or returning from any fire or reported fire, or while doing any fire prevention work under and by virtue of §§ 33.055, 33.056 and 33.058 through 33.060 of this chapter.
(Prior Code, § 13-218) (Ord. 2013-02, passed 10-8-2013)
Rates For Fire Department Services

§ 33.075 Overview

   (A)   Rates generally. The Fire Department shall initiate mitigation rates for the delivery of emergency and nonemergency services by the Fire Department for personnel, supplies and equipment to the scene of emergency and nonemergency incidents as listed in §§ 33.076 through 33.087 of this chapter.
      (1)   Mitigation rates shall be based on the actual costs of the services and that which is usual, customary and reasonable (UCR) as shown in §§ 33.076 through 33.087 of this chapter, which may include any services, personnel, supplies and equipment and with baselines established by addendum to this subchapter.
      (2)   A claim shall be filed to the responsible party or parties through their insurance carrier. In some circumstances, the responsible party or parties will be billed directly.
      (3)   The Fire Department may make rules or regulations, and from time to time may amend, revoke or add rules and regulations, not consistent with this subchapter as it may deem necessary or expedient in respect to billing for these mitigation rates or the collection thereof.
      (4)   The mitigation rates listed in §§ 33.076 through 33.087 of this chapter will increase by 5.9% annually or based on the annual percentage increase in the consumer price index (CPI), as developed by the Bureau of Labor Statistics of the U.S. Department of Labor, whichever is more. Rate adjustments will occur on July 1 of every year beginning in the year 2023 to keep the Fire Department’s cost recovery program in conformity with increasing operating expenses.
   (B)   Mitigation rates based on per hour. The mitigation rates in §§ 33.076 through 33.087 of this chapter are average “billing levels” and are typical for the incident responses listed; however, when a claim is submitted, it will be itemized and based on the actual services provided. These rates are based on actual costs using amortized schedules for apparatus (including useful life, equipment, repairs and maintenance). Labor rates include an average department’s actual burdened labor costs and not just a firefighter’s wage. These include wages, retirement, benefits, workers’ compensation and the like.
(Prior Code, § 13-222) (Ord. 2022-05, passed 4-14-2022)

§ 33.076 Motor Vehicle Incidents

   (A)   Level 1.
      (1)   Cost: $546.
      (2)   Details: Provides hazardous materials assessment and scene stabilization. This is the most common “billing level.” This occurs almost every time the Fire Department responds to an accident or incident.
   (B)   Level 2.
      (1)   Cost: $623.
      (2)   Details: Includes Level 1 services as well as cleanup and materials used (sorbents) for hazardous fluid cleanup and disposal. This level is billed at if the Fire Department has to clean up any gasoline or other automotive fluids which are spilled as a result of the accident or incident.
   (C)   Level 3, car fire.
      (1)   Cost: $760.
      (2)   Details: Provides scene safety, fire suppression, breathing air, rescue tools, hand tools, hose, tip use, foam, structure protection and the cleanup of gasoline or other automotive fluids which are spilled as a result of the accident or incident.
   (D)   Add-on service, extrication.
      (1)   Cost: $1,641.
      (2)   Details: Includes heavy rescue tools (ropes, air bags, cribbing and the like). This charge will be added if the Fire Department has to free or remove anyone from the vehicle or vehicles using any equipment. This level is not billed at if the patient is simply unconscious and the Fire Department is able to open the door to access the patient. This level is to be billed only if equipment is deployed.
   (E)   Add-on service, creating a landing zone.
      (1)   Cost: $502.
      (2)   Details: Includes Air Care (multi-engine company response, mutual aid and helicopter). This level is billed at any time a helicopter is utilized to transport the patient or patients.
   (F)   Add-on service, itemized response. The option to bill each incident as an independent event with custom mitigation rates for each incident using itemized rates deemed usual, customary and reasonable (UCR). These incidents will be billed and itemized per apparatus and per personnel, plus products and equipment used.
(Prior Code, § 13-222) (Ord. 2022-05, passed 4-14-2022)

§ 33.077 Hazmat Incidents

   (A)   Level 1, basic response.
      (1)   Cost: $881.
      (2)   Details: Claim will include engine response, first responder assignment, perimeter establishment, evacuations, setup and command.
   (B)   Level 2, intermediate response.
      (1)   Cost: $3,146.
      (2)   Details: Claim will include Level 1 service as well as hazmat certified team and appropriate equipment, Level A or B suit donning, breathing air and detection equipment. Set-up and removal of decon center.
   (C)   Level 3, advanced response.
      (1)   Cost: $7,426.
      (2)   Details: Claim will include Level 2 service as well as robot deployment. Setup and removal of decon center, detection equipment, recovery and identification of material. Disposal and environment clean up. Includes above in addition to any disposal rates of material and contaminated equipment and material used at the scene. Includes three hours of on-scene time.
   (D)   Additional time on scene, all levels of service. Each additional hour will be billed at $356 per hazmat team.
(Prior Code, § 13-222) (Ord. 2022-05, passed 4-14-2022)

§ 33.078 False Alarm Billing Rates

   (A)   The first and second false alarms within 12 months in a calendar year are free of charge.
   (B)   The third through fifth false alarms in a 12-month calendar year is billed at $100 per incident.
   (C)   For six or more false alarms in a 12-month calendar year is billed at $500 per incident.
(Prior Code, § 13-222) (Ord. 2022-05, passed 4-14-2022)

§ 33.079 Fire Investigations

   (A)   Fire investigation team: $346 per hour.
   (B)   Includes:
      (1)   Scene safety;
      (2)   Investigation;
      (3)   Source identification;
      (4)   K-9/arson dog unit;
      (5)   Identification equipment;
      (6)   Mobile detection unit; and
      (7)   Fire report.
   (C)   The claim begins when the fire investigator responds to the incident, and is billed for logged time only.
(Prior Code, § 13-222) (Ord. 2022-05, passed 4-14-2022)

§ 33.080 Fires

   (A)   Assignment:
      (1)   Per engine per hour: $503; and
      (2)   Per truck per hour: $629.
   (B)   Includes:
      (1)   Scene safety;
      (2)   Investigation; and
      (3)   Fire and hazard control.
   (C)   This is the most common “billing level.” This occurs almost every time the Fire Department responds to an incident.
   (D)   A Fire Department has the option to bill each fire as an independent event with custom mitigation rates.
   (E)   Itemized, per person, at various pay levels and for itemized products used.
(Prior Code, § 13-222) (Ord. 2022-05, passed 4-14-2022)

§ 33.081 Illegal Fires

   (A)   Assignment:
      (1)   Engine per hour: $503; and
      (2)   Per truck per hour: $629.
   (B)   (1)   When a fire is started by any person or persons which requires a Fire Department response during a time or season when fires are regulated or controlled by local or state rules, provisions or ordinances because of pollution or fire-danger concerns, such person or persons will be liable for the Fire Department response at a cost not to exceed the actual expenses incurred by the Fire Department to respond and contain the fire.
      (2)   Similarly, if a fire is started where permits are required for such a fire and the permit was not obtained, and the Fire Department is required to respond to contain the fire, the responsible party or parties will be liable for the response at a cost not to exceed the actual expenses incurred by the Fire Department.
   (C)   The actual expenses will include direct labor, equipment costs and any other costs which can be reasonably allocated to the cost of the response.
(Prior Code, § 13-222) (Ord. 2022-05, passed 4-14-2022)

§ 33.082 Water Incidents

   (A)   Level 1, basic response.
      (1)   Cost: Billed at $503, plus $62 per hour per rescue person.
      (2)   Details: Claim will include engine response, first-responder assignment, perimeter establishment, evacuations, first-responder setup and command, scene safety and investigation (including possible patient contact and hazard control). This is the most common “billing level.” This occurs almost every time the Fire Department responds to a water incident.
   (B)   Level 2, intermediate response.
      (1)   Cost: Billed at $1,006, plus $62 per hour per rescue person.
      (2)   Details: Includes Level 1 services as well as cleanup and material used (sorbents), minor hazardous cleanup and disposal. This level is billed at if the Fire Department has to clean up small amounts of gasoline or other fluids which are spilled as a result of the incident.
   (C)   Level 3, advanced response.
      (1)   Cost: Billed at $2,489, plus $62 per hour per rescue person, plus $126 per hour per hazmat team member.
      (2)   Details: Includes Levels 1 and 2 services as well as DART activation, donning breathing apparatus and detection equipment, as well as the setup and removal of a decon center, detection equipment, the recovery and identification of materials and disposal and environment cleanup. Includes the above in addition to any disposal rates of materials and contaminated equipment and materials used at the scene.
   (D)   Level 4, itemized response. This level is the option to bill each incident as an independent event with custom mitigation rates for each incident using itemized rates deemed usual, customary and reasonable (UCR). These incidents will be billed and itemized per trained rescue person, plus rescue products used.
(Prior Code, § 13-222) (Ord. 2022-05, passed 4-14-2022)

§ 33.083 Back Country Or Special Rescue

   (A)   Cost:
      (1)   Minimum billing $503 for the first response vehicle, plus $62 per hour per rescue person; and
      (2)   Additional rates of $503 per hour per response vehicle, plus $62 per hour per rescue person.
   (B)   Itemized response: Each incident will be billed with custom mitigation rates deemed usual, customary and reasonable (UCR). These incidents will be billed and itemized per apparatus per hour and per trained rescue person per hour, plus rescue products used.
(Prior Code, § 13-222) (Ord. 2022-05, passed 4-14-2022)

§ 33.084 Chief Response

   (A)   Cost: Billed at $315 per hour.
   (B)   Details: Includes the setup of command and providing direction of the incident. This could include operations, safety and administration of the incident.
(Prior Code, § 13-222) (Ord. 2022-05, passed 4-14-2022)

§ 33.085 Miscellaneous Or Additional Time On Scene

   (A)   Engine billed at $503 per hour;
   (B)   Truck billed at $629 per hour; and
   (C)   Miscellaneous equipment billed at $378.
(Prior Code, § 13-222) (Ord. 2022-05, passed 4-14-2022)

§ 33.086 Mitigation Rate Notes

   (A)   The mitigation rates in §§ 33.076 through 33.085 of this chapter are average “billing levels” and are typical for the incident responses listed; however, when a claim is submitted, it may be itemized and based on the actual services provided.
   (B)   These average mitigation rates were determined by itemizing the costs for a typical run from the time a fire apparatus leaves the station until it returns to the station and are based on the actual costs, using amortized schedules for apparatus, including useful life, equipment, repairs and maintenance, and labor rates (an average department’s “actual personnel expense” and not just a firefighter’s basic wage). The actual personnel expense includes costs such as wages, retirement, benefits, workers’ compensation, insurance and the like.
(Prior Code, § 13-222) (Ord. 2022-05, passed 4-14-2022)

§ 33.087 Late Fees

   If an invoice is not paid within 90 days, then a late charge of 10% of the invoice, as well as 1.5% per month, as well as the actual cost of the collections, will be accessed to the responsible party or parties.
(Prior Code, § 13-222) (Ord. 2014-07, passed 11-13-2014)
Department Of Civil Emergency Management

§ 33.100 Purpose

   (A)   A civil emergency management organization is created for the town to carry out preparations for and to function in the event of emergencies endangering the lives and property of the people of the town.
   (B)   The duties of the civil emergency management organization are the protection of the lives and health of the citizens and of property and property rights, both private and public, and the performance of all functions necessary and incident thereto.
(Prior Code, § 13-401)
Statutory reference:
   Local civil defense organizations, see 63 O.S. § 683.11

§ 33.101 Department Established; Composition

   There is hereby established under the executive branch of the government a Department of Civil Emergency Management, which shall consist of:
   (A)   A Director of Civil Emergency Management, who shall be appointed and may be removed with or without cause by the Board of Trustees of the town; and
   (B)   A Civil Emergency Management Advisory Committee. This Committee shall consist of the Mayor, as chairperson, and five members appointed by the Mayor and serving at his or her pleasure. The Committee shall select from its members a Vice Chairperson and a Secretary. It shall hold such meetings as are directed by the Mayor, and its function shall be to act in an advisory capacity as needed or requested by the Mayor or the Director of Civil Emergency Management.
(Prior Code, § 13-402)

§ 33.102 Duties Of Director

   (A)   The Director of Civil Emergency Management shall be the executive head of the Department of Civil Emergency Management and shall be responsible for carrying out the civil emergency management program of the town. He or she shall serve without compensation but may be reimbursed for expenses incurred in the performance of his or her duties.
   (B)   It shall be the duty of the Director of Civil Emergency Management, as soon as practicable after his or her appointment, to perfect an organization to carry out the purposes set forth in this subchapter, and he or she shall have all necessary power and authority to form committees or other bodies and to appoint and designate the chairperson or chief officer of such bodies as may be necessary to perfect such an organization. He or she shall have a further duty and responsibility to cooperate with all civil defense agencies of other governmental units, including of the state and the federal government. The Director of Civil Emergency Management is further authorized to formulate written plans, gather information and keep written record thereof to govern the functions of the civil emergency management organization.
(Prior Code, § 13-403)

§ 33.103 Powers Of Director In Emergencies

   (A)   In the event of an enemy-caused emergency or an emergency resulting from natural causes, the Director of Civil Emergency Management, after due authorization from the Board of Trustees of the town, shall have the power and authority to enforce all rules and regulations relating to civil emergency management, and if necessary, to take control of transportation, communications, public utilities and stocks of fuel, food, clothing and medicine for the purpose of protecting the civilian population. He or she shall cooperate in every way with the activities of other governmental agencies or civil emergency management organizations. If required by the Board of Trustees, the Director shall have control over any and all funds allocated from any source for the purpose of alleviating distress conditions in the town.
   (B)   The Director of Civil Emergency Management and other members of the civil emergency management organization created by him or her shall have the power and authority to enforce the laws of the state and the ordinances of the town during the period of emergency, and shall at such time have the further power to make arrests for violations of such laws or ordinances.
(Prior Code, § 13-404)

§ 33.104 Compensation Of Members

   All members of the civil emergency management organization created in this subchapter shall serve without compensation. The town shall not be liable for any personal or bodily injury received by any member of such organization while acting in the line of duty.
(Prior Code, § 13-405)

§ 33.999 Penalty

   (A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99(A) of this code of ordinances.
   (B)   (1)   It shall be a misdemeanor punishable by a fine not exceeding $200 for any person to wear, carry or display a Police Reserve Force identification card or to otherwise deceitfully represent himself or herself to be connected with the Police Reserve Force, per §§ 33.020 through 33.029 of this chapter, unless he or she is in fact a member thereof in good standing.
(Prior Code, § 13-321)
      (2)   Any person other than a member of the Force who shall wear such uniform or badge as may be prescribed per § 33.026 of this chapter shall be guilty of a misdemeanor, and upon conviction, shall be subject to a fine as provided in § 10.99(A) of this code.
(Prior Code, § 13-322)