PART 13 - PUBLIC SAFETY

CHAPTER 1 - FIRE PREVENTION CODE

Section 13-101 Adoption of fire prevention code

Section 13-102 Enforcement

Section 13-103 Definitions

Section 13-104 Amendments

Section 13-105 Storage of flammable liquids is prohibited

Section 13-106 Bulk storage of liquefied petroleum gases and explosives is to be restricted

Section 13-107 Modifications

Section 13-108 Appeals

Section 13-109 New materials, processes or occupancies which may require permits

Section 13-110 Penalty

Section 13-111 Fire hydrant spacing for new construction

Section 13-112 Smoke detectors

ARTICLE A - GENERAL PROVISIONS

Section 13-201 Fire department created, chief

Section 13-202 Fire chief

Section 13-203 Additional duties and powers of fire chief

Section 13-204 Duties

Section 13-205 Use of fire equipment, inventory

Section 13-206 Interference with department

Section 13-221 Authority and duty to render

Section 13-222 Charges

Section 13-223 Recall of apparatus

Section 13-224 Firefighters considered as serving in regular line of duty

Section 13-225 Department considered agent of state acting in governmental capacity

Section 13-230 Burning permit required, application fee

Section 13-231 Conditions applicable to burning permits

Section 13-232 Notice and approval to proceed

Section 13-233 Penalty

Section 13-301 Police department created; chief

Section 13-302 Duties

Section 13-303 Not to mistreat or interfere with police dogs

Section 13-304 Mutual aid agreements

Section 13-401 Purpose of civil defense organization, definitions

Section 13-402 Office of civil defense created

Section 13-403 Director of civil defense, powers and duties

Section 13-404 Further powers and duties

Section 13-405 Director’s usual powers

Section 13-406 Powers in enemy caused emergency

Section 13-407 Powers in natural emergency

Section 13-408 Not liable for personal injury or property damage

Section 13-409 To serve without compensation, city not liable

Section 13-410 Penalty

Section 13-420 Short title

Section 13-421 Definitions

Section 13-422 Designation, status, qualifications, and term of emergency interim successors

Section 13-423 Assumption of powers and duties of officer by emergency interim successor

Section 13-424 Recording and publication

Section 13-425 Formalities of taking office

Section 13-426 Quorum and vote requirements

Section 13-501 Complete record required

Section 13-502 Disposition of unclaimed property

Section 13-503 Exchange of unclaimed of confiscated weapons

Section 13-504 Property of deceased persons

Section 13-505 Property found by a private person

Section 13-506 Recovery by owner

Section 13-101 Adoption of fire prevention code

Section 13-102 Enforcement

Section 13-103 Definitions

Section 13-104 Amendments

Section 13-105 Storage of flammable liquids is prohibited

Section 13-106 Bulk storage of liquefied petroleum gases and explosives is to be restricted

Section 13-107 Modifications

Section 13-108 Appeals

Section 13-109 New materials, processes or occupancies which may require permits

Section 13-110 Penalty

Section 13-111 Fire hydrant spacing for new construction

Section 13-112 Smoke detectors

There is hereby adopted by the city for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Fire Prevention Code, issued by the National Fire Protection Association, being particularly the latest edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended. At least one copy of the code has been and now is filed in the office of the clerk of the city and the same are hereby adopted and incorporated as fully as if set out at length herein. (Prior Code, Sec. 8-1; Ord. No. 1230, 10/9/84, in part)

Charter Reference: Authority to adopt code by reference, Section 2-15

Cross Reference: Fire works, see Section 10-304 of this code; building codes, Part 5, Sections 5-101 et seq.; explosives, Section 10-304; interference with fire hydrants, Section 10-213; false alarms, Section 10-609

The code hereby adopted shall be enforced by the fire marshal and the chief of the fire department. (Prior Code, Sec. 8-2)

Wherever the word "jurisdiction" is used in the Fire Prevention Code hereby adopted it shall be held to mean the city. Whenever the words "corporation counsel" are used in the Fire Prevention Code, they mean the attorney for the city. Where the word "permit" appears in the Fire Prevention Code, it means "prior approval by the fire marshal." (Prior Code, Sec. 8-3; Ord. No. 1230, 10/9/84)

The Fire Prevention Code is hereby amended in the following respects:

1. Annex A, NFPA No. 101, Section 8-3.5.1, Exceptions No. 1 and No. 6 are hereby repealed; and

2. Annex A, NFPA No. 101, Section 30-7.1.1 is hereby amended to read as follows: "windowless areas occupied by one hundred (100) or more persons or underground areas occupied by fifty (50) or more persons shall be protected throughout by an approved automatic sprinkler system in accordance with Section 7-7. (Ord. No. 1230, 10/9/84)

A. Storage of flammable liquids in outside aboveground tanks is prohibited without approved I-3 zoning and prior approval by the fire marshal and the building official

B. New bulk plants for flammable liquids are prohibited without approval by the fire marshal and the building official

C. This section shall not prohibit any such installations in existence as of January 1, 1961. (Prior Code, Sec. 8-4, as amended)

Bulk storage of liquefied petroleum gas and storage of explosives and blasting agents is prohibited, without approval I-3 zoning and prior approval of the fire marshal and building official. (Prior Code, Sec. 8-5, as amended)

The chief of the fire department with the approval of the city manager, shall have power to modify any of the provisions of the Fire Prevention Code, 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 strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification 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 a signed copy shall be furnished the applicant. (Prior Code, Sec. 8-6)

Whenever the chief of the fire department shall disapprove an application or refuse to grant a license or permit, or whenever it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief of the fire department to the city manager within thirty (30) days from the date of the decision of the chief. (Prior Code, Sec. 8-7)

The city manager, the chief of the fire department, the building official and the fire marshal shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those newly enumerated in the code. The fire Marshal shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. (Prior Code, Sec. 8-8)

Any person who violates any provision of the code adopted by this chapter of fails to comply therewith or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction, within the time fixed for such compliance, shall be guilty of a misdemeanor and shall be punished as prescribed in Section –108 of this code of ordinances. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time. When not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. (Prior Code, Sec. 8-15)

A. Fire hydrants shall be located at a maximum spacing of three hundred (300) feet in mercantile and manufacturing districts and five hundred (500) feet in residential districts.

B. In mercantile and manufacturing districts, fire hydrants shall be located in such a manner that no hose line will exceed three hundred (300) feet to reach any portion of the exterior of the building.

C. A fire hydrant shall be located within fifty (50) feet of all fire department sprinkler connections. (Ord. No. 1261, 1/13/87)

A. All existing hotels, motels, dormitories, apartments, lodging or rooming houses, board and care facilities, and one-and two family dwellings, that are leased or rented shall be protected with smoke detectors which are listed or approved by a nationally recognized testing organization or laboratory. Such detectors shall be an ionization or a photoelectric AC or DC power supply type device. When activated, such detectors shall be suitable to warn the occupants of the presence of smoke and the possibility of fire danger.

B. Such detectors shall be provided and installed by the owner of all leased or rented residential occupancies. Such detectors shall be maintained in good working order by the owner.

C. It is the duty of the occupants of apartments and one- or two-family dwellings to maintain the smoke detector batteries

D. It is the duty of the occupant not to intentionally or negligently interfere with or damage the detector or its proper function.

Prior to the time of any transfer of ownership or when any alterations, repairs or additions requiring a building permit and having a valuation in excess of One Thousand Dollars ($1,000.00) occur, the owner of an existing single-family dwelling not having an operable smoke detector shall install a minimum of one approved smoke detector in the dwelling.

E. The smoke detectors described in this section shall be installed as herein provided before June 15, 1988. (Ord. No. 1285, 5/10/88).

Section 13-201 Fire department created, chief

Section 13-202 Fire chief

Section 13-203 Additional duties and powers of fire chief

Section 13-204 Duties

Section 13-205 Use of fire equipment, inventory

Section 13-206 Interference with department

Section 13-221 Authority and duty to render

Section 13-222 Charges

Section 13-223 Recall of apparatus

Section 13-224 Firefighters considered as serving in regular line of duty

Section 13-225 Department considered agent of the state acting in governmental capacity

Section 13-230 Burning permit required, application fee

Section 13-231 Conditions applicable to burning permits

Section 13-232 Notice and approval to proceed

Section 13-233 Penalty

There is hereby created a fire department, the head of which is the chief of the fire department or fire chief, appointed by the city manager for an indefinite term. As used in this chapter, the term "department" means the fire department of the city and the term "chief" means the chief of the fire department. (Prior Code, Sec. 1-7)

State Law Reference: Fire departments and personnel, 11 O.S. Sections 29-101 et seq.

The chief shall be at the head of the department, subject to the laws of the state, ordinances of this city, and this chapter. 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 insure that all department members are trained in the latest and updated technical aspects of firefighting;

2. To inspect or cause to be inspected by members of the department, the fire hydrants, cisterns, and other sources of water supply at least once each year and other establishments or premises in the city as determined;

3. To maintain a library or file of publications on fire prevention and fire protection and make use of it to the best advantage of all members of the department;

4. To see that each fire is carefully investigated to determine its cause, and in the case of suspicion of incendiarism, notify proper authorities and secure and preserve all possible evidence for future use in the case; and

5. To direct firefighting operations and make every effort to attend all major fires.

(Prior Code, Sec. 1-8 in part)

State Law Reference: Reports to state fire marshal, 74 O.S. Section 314

The chief shall have full power and command over all persons at fires and may adopt any measures that he shall deem most advisable to extinguish fires or for the care and protection of property endangered thereby, and shall have power to summon any and all persons present to his aid in extinguishing any fire or caring for personal property in case of fire.

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 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 theatres, stores, and other public buildings. (Prior Code, Sec. 1-8)

A. 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 handle any apparatus or equipment belonging to the department unless authorized by the chief

B. The chief shall prepare and keep a complete inventory of all property belonging to the fire department, and shall at the expiration of his term turn over such inventory and all such property to his successor, together with all books, records, reports and data of the department.

It is unlawful for any person to interfere with the fire department or any officer or employee thereof in the proper discharge of its or his official duties

A. The fire department is hereby authorized and empowered to render fire protection, fire prevention and rescue operations for individuals, firms, private corporations or associations or political subdivisions of the state located outside the corporate limits of the city and to provide fire protection jointly with other organizations and municipal subdivisions of the state

B. the fire department is authorized to answer calls outside the city limits unless, in the discretion of the fire chief or his designees:

1. The fire equipment is in use within the city limits to the extent that it is unwise to send equipment or personnel to answer calls beyond the city limits;

2. It would be unwise to answer such calls because of broken equipment, impassable or dangerous highways or other physical conditions or city policies; or

3. It would not be in the best interest of the city because of lack of manpower

State Law Reference: Fire department rendering services outside city limits, 11 O.S. Sections 29-106 to 29-108.

Any contract for fire protection or prevention services to be rendered by the fire department for an individual owner, firm, private corporation or association outside the city limits provide for payment to the city at a rate per hour as set by the council by motion or resolution for time away from the fire station per call. Such rate shall be charged for each piece of equipment, such as fire truck, engine, hose wagon, ladder wagon or any other piece of equipment furnished by the city. All monies received from such calls shall go into the general fund of the city, to be used for operation and maintenance of the city government

The fire department shall be empowered to recall any or all fire apparatus which is outside the city limits pursuant to this provision at any time, if in the judgment of the officer in charge, it is wise and expedient to do so for the further protection of property within the city limits, regardless of whether the outside fire is extinguished or not, and in such case, the city shall not be responsible for failure of the fire department to completely extinguish the fire.

All firefighters of the fire department attending and serving at fires or doing fire prevention work or rescue work outside the corporate limits of the city as provided for in this article shall be considered as serving in their regular line of duty as fully as if they were serving within the corporate limits of the city. Such firefighters shall be entitled to all the benefits of any pension and relief fund in the same manner as if the firefighting or fire prevention or rescue operation was being done within the corporate limits of the city.

State Law Reference: Similar provisions, 11 O.S. Sections 29-107, 29-108.

The fire department, when answering any fire alarm or call or performing any fire prevention service or rescue operation outside the corporate limits of the city pursuant to the provisions of this division, shall be considered an agent of the state and acting solely and alone in a governmental capacity, and the city shall not be liable in damages for any act of commission, omission or negligence while answering or returning form any fire or reported fire, or doing any fire prevention work or rescue operation under and by virtue of this division.

No person shall set fire to or burn any trees, brush, grass and other vegetable matter in the clearing of land or for agricultural crop management without having obtained a permit therefore from the fire chief or his designated representative. Application for permit shall be made on such form as specified by the fire chief upon payment to the office of the city clerk-treasurer an application fee as set by the city council by motion or resolution. (Ord. No. 1367, 2/14/95).

Ed. Note: Prior ordinance set application fee at $10.00.

The burning of trees, brush, grass and other vegetable matter shall be permitted only for the clearing of land and agricultural crop management and in compliance with the following conditions:

1. The property or site of the burning shall be within either the A-1 General Agricultural or A-2 Suburban zoning district;

2. The location of the burning must be at least three hundred (300) feet from the nearest residence or occupied business structure, other than those upon the property on which the burning is to be conducted;

3.  The permit shall include the permissible wind direction(s) and speed as conditions of permit approval and provide that:

a.  prevailing winds at the time of the burning must be away from the city;

b. the location of the burning must not be adjacent (five hundred (500) feet upwind) to an occupied residence other than those located on the property on which the burning is conducted;

c.  care must be used to minimize the amount of dirt on the material being burned;

d.  oils, rubber and other similar materials which produce unreasonable amounts of air contaminants may not be burned;

e.  the initial burning may begin only between three (3) hours after sunrise and three (3) hours before sunset and additional fuel may not be intentionally added to the fire at times outside the limits stated above; and

f.  the burning must be controlled so that a traffic hazard is not created as a result of air contaminants being emitted;

4.  The fire chief, or his designated representative, shall inspect the site of the proposed burning in the presence of the applicant, and may make such requirements as necessary and appropriate to prevent the spread of any permitted burning, including, but not limited to, provision of fire breaks as a condition of permit approval; and

5.  No burning shall be permitted on Saturday, Sunday or holidays recognized by the city.

(Ord. No. 1367, 2/14/95)

The holder of a burn permit shall contact the fire chief, or his designated representative, on the day of proposed burning and shall not proceed with the burning unless the fire chief, or his designated representative, verifies the prevailing wind direction and speed as appropriate to any terms and conditions set forth in the permit. (Ord. No. 1367, 2/14/95)

Any person who violates any provision of this article, or terms of an approved burn permit, shall be guilty of an offense and, upon conviction thereof, shall be punished as provided in Section 1-108 of this code. (Ord. No. 1367, 2/14/95)

Section 13-301 Police department created; chief

Section 13-302 Duties

Section 13-303 Not to mistreat or interfere with police dogs

Section 13-304 Mutual aid agreements

There is a police department, the head of which is the chief of police, appointed by the city manager for an indefinite term. The chief of the police is an officer of the city, and has supervision and control of the police department. (Prior Code, Sec. 1-9)

State Law Reference: Municipal police departments generally, 11 O.S. Sections 34-101 et seq.

It is the duty of the police department to apprehend and arrest on view or on warrant and bring to justice all violators of the ordinances of the city and the charter; to suppress all riots, affrays, and unlawful assemblies which may come to their knowledge, and generally to keep the peace; to serve all warrants, writs, executions, and other processes properly directed and delivered to them; to apprehend and arrest persons violating federal or state law as provided by law, and to turn them over to proper authorities; and in all respects to perform all duties pertaining to the offices of police officers. (Prior Code, Sec. 1-10)

It is unlawful for any person to willfully or maliciously torture, torment, beat, kick, strike, injure, disable, or kill any dog used by the police department of the city in the performance for the functions or duties of such department, or to interfere with or meddle with any such dog while being used by the department or any officer or member. Any person violating any provision of this section shall be deemed guilty of a misdemeanor. (Prior Code, Sec. 1-11)

Approval is given for service of members of the regular police department of this city as police officers of any other city or town in an emergency situation in the state, not more than one hundred (100) miles distant from this city, when such service is requested by the mayor or chief of police of the city or town. Requests for service under this section shall be made in writing or by telephone, or other means of communication, to the mayor or city manager, who, if he determines that the request can be granted consistently with the continuance of the proper police protection to the inhabitants of this city, shall direct the chief of police to furnish the number of officers requested and to arrange for their transportation to the requesting municipality.

State Law Reference: Performance of police functions in other municipalities under emergency situations, 11 O.S. Section 34-103.

Section 13-401 Purpose of civil defense organization, definitions

Section 13-402 Office of civil defense created

Section 13-403 Director of civil defense, powers and duties

Section 13-404 Further powers and duties

Section 13-405 Director’s usual powers

Section 13-406 Powers in enemy caused emergency

Section 13-407 Powers in natural emergency

Section 13-408 Not liable for personal injury or property damage

Section 13-409 To serve without compensation, city not liable

Section 13-410 Penalty

Section 13-420 Short title

Section 13-421 Definitions

Section 13-422 Designation, status, qualifications, and term of emergency interim successors.

Section 13-423 Assumption of powers and duties of officer by emergency interim successor

Section 13-424 Recording and publication

Section 13-425 Formalities of taking office

Section 13-426 Quorum and vote requirements

A.  The purpose of this chapter is to create a civil defense organization for the city to be prepared for, and to function in the event of, emergencies endangering the lives and property of the people of such city. The duty of such civil defense organization shall be the protection of the lives and health of the citizens of the city and of property rights, both private and public, and to perform all functions necessary and incident thereto.

B.  As used in this chapter, the following terms shall be construed as follows, unless a contrary intent appears clear from the context;

1. "Civil defense" means the preparations for the carrying out of all emergency functions, other than functions for which primarily responsibility is assigned elsewhere by federal, state, or local law or ordinance, to protect public peace, health, and safety, and to preserve lives and property, in the city during an emergency resulting form enemy attack, sabotage, or other hostile action, or from any flood, drought, fire, hurricane, tornado, earthquake, storm, or other catastrophe in or near the city and involving imminent or actual peril to life and property in the city. These functions include administration, organization, planning, recruiting, training, education, information, welfare services, relief service, police service, warden service, fire service, rescue service, medical service, health service, transportation service, communications service, street and sewer service, utilities service, general engineering service, plant protection service, supply service, mutual aid, mobile support, evacuation, and all other functions necessary or incidental to the preparation for and carrying out of the foregoing functions;

2.  "Enemy-caused emergency" means any state of emergency caused by actual or impending attack, sabotage, or other hostile action, anywhere within the United States, and involving imminent peril to the lives and property in the city. Such emergency shall be deemed to exist only when the mayor of the city so declares by public proclamation, or when the governing body so declares. Such emergency shall be deemed to continue to exist until the mayor declares its termination by public proclamation, or until the governing body declares its termination by resolution; and

3.  "Natural emergency" means any state of emergency caused by any actual or impending flood, drought, fire, hurricane, earthquake, storm, or other catastrophe in or near the city. Such emergency shall be deemed to exist and to be terminated under the same conditions as are prescribed for an enemy-cause emergency.

State Law Reference: Local civil defense organizations, 63 O.S. Section 683.11, Section 683.12

There is hereby established under the executive branch of the government of the city an office of civil defense, which shall consist of:

1.  A director of civil defense who shall be appointed by the city manager of the city and serve at his pleasure;

2.  A civil defense advisory committee may be established. This committee may consist of the mayor as chairman and five (5) members appointed by the mayor and serving at his pleasure. The committee shall select from its members a vice-chairman and secretary. Except as otherwise provided in this chapter, the committee shall function in an advisory capacity on all matters pertaining to civil defense. The committee members shall serve without compensation; and

3.  Such other volunteer civil defense advisory committees as may be created by the director for the evaluation of technical, professional, or other phases of the work of the office of civil defense and which may provide advisory assistance on any matters pertaining to the city’s civil defense

(Prior Code, Secs. 1-102, 1-103)

The director of civil defense shall be the executive head of the office of civil defense, and shall be responsible to the city manager for carrying out the civil defense program of the city. He shall have all necessary power and authority to from committees or other bodies and to appoint and designate the chairman or chief officer Of such bodies as may be necessary to perfect such an organization. He shall coordinate the activities of all organizations for civil defense within the city and shall maintain liaison with and cooperate with civil defense agencies of other governmental units, both within and without the state, including the state and federal government. He shall have such additional authority, duties and responsibilities as may be authorized by this chapter or other law. (Prior Code, Sec. 1-104)

The director shall have general direction and control of the office of civil defense. He is further authorized to formulate written plans and gather information and keep written records thereof to govern the functions of the civil defense organization. He is also instructed to carry out plans with the state officials of civil defense in cooperating with the federal government and to make available to the city and county program the benefits of Public Law 85-606, subject to the approval of the city, the county, and civil defense committee. The director shall be responsible for carrying out the provisions of this chapter and in doing so he is expressly authorized to cooperate with federal and state government agencies and political subdivisions, and with others states and their subdivisions, and with private agencies, in all matters pertaining to civil defense in the city. (Prior Code, Sec. 1-104)

Prior to any emergency as defined in this chapter, the director shall have the following powers:

1.  To make, amend, and rescind the necessary orders, rules, and regulations to carry out the provisions of this chapter within the limits of the authority conferred upon him herein, with due consideration to be given to the plans and powers of the federal government, the government of the state, and other public and private agencies and organizations empowered to act in either enemy caused emergencies or natural emergencies, or both;

2.  To prepare comprehensive plans for the civil defense of the city in both enemy caused and natural emergencies, such plans and programs to be integrated and coordinated with the plans and programs of the federal government, of the government of the state, and of other public and private agencies and organizations empowered to act in either enemy caused or natural emergencies or both;

3.  To establish within the limits of funds available, a public warning system, composed of sirens, horns or other acceptable warning devices;

4.  To establish and carry out recruitment and training programs as may be necessary to develop an adequate, qualified civil defense volunteer corps;

5.  To conduct drills, exercises, and similar programs as may be necessary to develop a well-trained, alert, fully prepared civil defense organization;

6.  To make such studies and surveys of the industries, resources, and facilities of this city as he deems necessary to ascertain its capabilities for civil defense, and plan for the efficient emergency use therefore;

7.  On behalf of the city, to enter into mutual aid arrangements with surrounding communities, both in the states of Oklahoma and Texas, subject to the approval of the city council, and

8.  To delegate any administrative authority vested in him under this article, and to provide for the sub-delegation of any such authority to prepare for either an enemy-caused emergency or a natural emergency.

        (Prior Code, Sec. 1-105)

In the event of an enemy caused emergency, as proclaimed by the mayor, the director of civil defense, after approval of the mayor, may exercise during the emergency and power and authority to enforce all rules and regulations relating to civil defense and, acting under authority of any statutes or under the authority of the mayor as an agent of the governor of the state, may take control of transportation, communications, stocks of fuel, food, clothing, medicine, supplies, and all facilities, including buildings and plants, and exercise all powers necessary to secure the safety and protection of the civilian population. In exercising such powers, he shall be guided by regulations and orders issued by the federal government and the governor of the state relating to civil defense, and shall take no action contrary to orders which may be issued by the governor under similar emergency powers. He shall cooperate in every way with the activities of other governmental agencies or civil defense organizations.

In the event of any natural emergency as proclaimed by the mayor, the director of civil defense, with the approval of the mayor and acting under his instructions, shall coordinate in every way proper the activities of the civil defense organization. He is specifically charged in such emergency with the collection, evaluation, and dissemination of information to all agencies, both public and private, participating in the city’s civil defense organization or cooperating in any such emergency. He shall, as director, have the power to recommend appropriate action, but he shall not otherwise exercise control over the participating agencies. He shall also recommend to the mayor the allocation of any funds received from the federal or state governments or from any other source to alleviate distress and aid in restoring normal conditions. (Prior Code, Sec. 1-106)

Neither the city nor any officer or member of the civil defense organization provided for in this chapter shall be liable for personal injury or property damage sustained by any person appointed or acting as a volunteer civil defense worker or member of any agency engaged in civil defense activity prior to or during either an enemy-caused or a natural emergency. Neither the city nor any such officer nor a member shall be liable for the death or injury of any person, or damage to property, resulting from such civil defense activity prior to or during either an enemy-caused or a natural emergency. (Prior Code, Sec. 1-107)

All members of the civil defense organization created hereunder shall serve without compensation, and the city shall not be liable for any personal injury received by any member of such organization while acting in the line of duty. (Prior Code, Sec. 1-107)

Any person violating any of the provisions of this chapter in the city or who shall fail to carry out any of the provisions of this chapter or to comply therewith or with any of the orders, rules, or regulations made under the authority hereof, shall upon conviction be punished by a fine as provided in Section 1-108 of this code. (Prior Code, Sec. 1-149)

This article shall be known and may be cited as the "continuity of government ordinance of the city." (Prior Code, Sec. 1-95)

State Law Reference: Cities to develop emergency succession provisions 63 O.S. Section 685.6.

As used in this article, unless the context otherwise clearly indicates:

1.  "Attack" means any attack or series of attacks by an enemy of the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States in any manner, by sabotage or by the use of bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological, or biological means or other weapons or processes;

2.  "Duly authorized deputy" means a person who is presently authorized to perform all of the functions, exercise all of the powers and discharge all of the duties of an office in the event of the office is vacant or at such times as it lacks administration due to the death, absence or disability of the incumbent officer;

3.  "Emergency interim successor" means a person designated pursuant to this chapter for possible temporary succession to the powers and duties, but not the office, of a city officer in the event that such officer or any duly authorized deputy is unavailable to exercise the powers and discharge the duties of the office; and

4.  "Unavailable" means either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office (including any deputy exercising the powers and discharging the duties of an office because of a vacancy) and his duly authorized deputy are absent or unable, for physical, mental or legal reasons, to exercise the powers and discharge the duties of the office.

(Prior Code, Sec. 1-96)

A. Within thirty (30) days following the effective date of this article, and thereafter within thirty (30) days after first entering upon the duties of his office, the Mayor and each member of the city council, shall, in addition to any duly authorized deputy, designate such number of emergency interim successors to his office and specify their rank in order of succession after any duly authorized deputy so that there will not be less than one duly authorized deputies or emergency interim successors or combination thereof for the office.

B. The mayor and city council shall within the time specified in Subsection A of this section, in addition to any duly authorized deputy, designate for appointive officers including the city manager, the city attorney, the judge, such number of emergency interim successors to these officers and specify their rank in order of succession after any duly authorized deputy so that there will be not less than one duly authorized deputies or emergency interim successors or combination thereof for each officer.

C. The incumbent in the case of those elective officers specified in Subsection A of this section, and the city council in the case of those appointive officers specified in Subsection B of this section, shall review and, as necessary, promptly revise the designations of emergency interim successors of duly authorized deputies or any combination thereof for each officer specified.

D. No person shall be designated or serve as an emergency interim successor unless he may under the constitution and statutes of this state and the charter or ordinances of this city, hold the office of the person to whose powers and duties he is designated to succeed, but no provision of any ordinance prohibiting an officer or employee of this city from holding another office shall be applicable to an emergency interim successor.

E. A person designated as an emergency interim successor holds that designation at the pleasure of the designator; provided, that he must be replaced if removed. He retains this designation as emergency interim successor until replaced by another appointed by the authorized designator (Prior Code, Sec. 1-97)

If in the event of an attack any officer named in Subsections A and B of Section 13-422 of this code and any duly authorized deputy is unavailable, his emergency interim successor highest in rank in order of succession who is not unavailable shall, except for the power and duty to appoint emergency interim successors, exercise the powers and discharge the duties of such officer. An emergency interim successor shall exercise these powers and discharge the duties of such officer. An emergency interim successor shall exercise these powers and discharge these duties only until such time as the lawful incumbent officer or any duly authorized deputy or an emergency interim successor higher in rank in order of succession exercises, or resumes the exercise of, the powers and discharge of the duties of the office, or until, where an actual vacancy exists, a successor is appointed to fill such vacancy or is elected and qualified as provided by law. (Prior Code, Sec. 1-98)

The name, address and rank in order of succession of each duly authorized deputy shall be filed with the city and each designation, replacement, or change in order of succession of an emergency interim successor shall become effective when the designator files with the city the successor’s name, address and rank in order of succession. The city shall keep on file such data regarding duly authorized Deputies and emergency interim successors and it shall be open to public inspection. (Prior Code, Sec. 1-99)

At the time of their designation, emergency interim successors shall take such oath and do such other things, if any, as may be required to qualify them to exercise the powers and discharge the duties of the office to which they may succeed. (Prior Code, Sec. 1-100)

In the event of an attack:

1. Quorum requirements for the city council shall be suspended; and

2. Where the affirmative vote of a specified proportion of members for approval of an ordinance, resolution or other action would otherwise be required, the same proportion of those voting thereon shall be sufficient.

        (Prior Code, Sec. 1-101)

Section 13-501 Complete record required

Section 13-502 Disposition of unclaimed property

Section 13-503 Exchange of unclaimed or confiscated weapons

Section 13-504 Property of deceased persons

Section 13-505 Property found by a private person

Section 13-506 Recovery by owner

All personal property which comes into the possession of any police officer, which has been found or stolen or taken off 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, by the officer securing possession thereof, delivered into the charge of the chief of police. The 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; and 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, Sec. 17-1)

State Law Reference: Relating to finders of lost goods, see 15 O.S. 1971, Subsection 511 et seq. As regards disposal of stolen or embezzled property coming into hands of policemen, see 22 O.S. 1971, Subsection 1321 et seq. As regards disposal of liquor and gambling equipment seized by policemen, see 22 O.S. 1971, Subsection 1261 et seq.

Any unclaimed personal property, other than animals or weapons, which remains in the possession of the chief of police, unclaimed, or the ownership of which is not to him satisfactorily established, for a period of thirty (30) days, shall be sold, and the proceeds of the sale shall be paid over to the city treasurer, who shall issue his receipt therefore and deposit the same to the credit of the general fund of the city, except such therefore, and deposit the same to the credit of the general fund of the city, except such personal property as in the opinion of the city manager can be more advantageously used by some department or office of the city government. Ten (10) days before a sale of such unclaimed property, the chief of police shall sign and have posted in a conspicuous place in the city treasurer’s office, where it will be plainly visible to persons who visit that office, notice of the time, place, and manner of such sale, and general description of the property to be sold. However, if in the opinion of the city manager, all or any portion of the personal property may be more advantageously used in any city department office, he shall so instruct the chief of police in writing, and the chief shall thereupon deliver the personal property designated to that department or office of city government and make a permanent record of its disposition. (Prior Code, Sec. 17-2)

A. Unclaimed or confiscated weapons which have been in the possession of the police department for one hundred twenty (120) days or more may be traded by the chief of police, with the approval of the city manager or his designee, of new weapons For use by the police department. The unclaimed or confiscated weapons may only be traded to such gun dealers who have compiled with applicable state and federal regulations concerning firearms and, in the opinion of the chief of police and the city manager or his designee, are reputable.

B. In trading such unclaimed or confiscated weapons, the chief of police shall, with the approval of the city manager or his designee, advertise for bids for such trade. Such advertisement for bids shall be done in accordance with prevailing and established bid procedure as formulated by the purchasing entity of the city; however, in no case may the fair market value of the weapons received in such trade exceed Two Thousand Five Hundred Dollars ($2,500.00), unless such trade is accomplished pursuant to formal bid procedure.

C. The value of such unclaimed and confiscated weapons as hereinabove discussed shall in all cases be determined by their fair market value of the new weapons received in such trade.

The personal property of a deceased person shall be delivered only to the next of kin such person or to the legally appointed representative of his estate. If the personal property is claimed by the legally appointed representative of the estate of the deceased, a certified copy of the order of the district court appointing such person shall be deemed sufficient authority to support the claim. If the personal property is claimed by the next of kin, the claimant shall furnish an affidavit to the effect that he is the person entitled to possession of the property. The affidavit shall be deemed sufficient authority to support the claim. If personal property of the deceased person remains unclaimed for a period of ninety (90) days, it shall be disposed of in the appropriate manner provided in this chapter.

Any personal property found by a person other than a public official or employee, which is delivered to any police officer for identification, if not claimed or identified within thirty (30) days, shall, within ten (10) additional days thereafter, if requested by the finder, be returned to him, and a record of such disposal made thereof. If the finder does not request return of the property to him within such additional ten (10) days, then the chief of police shall sell the property as if it had been found by a public official or employee, or on instruction by the city manager deliver it to some department or office of the city government for its use. (Prior Code, Sec. 17-3)

If any property is sold as herein provided, and the owner thereof takes and recovers possession of same form the purchaser, the amount paid therefore shall be returned to the purchaser, upon verified claim being submitted and approved by the city council. (Prior Code, Sec. 17-4)