TITLE 29 POLICE DEPARTMENT POLICE PENSIONS AND RETIREMENT SYSTEM CODE CITATIONS AND ISSUANCE AUTHORITY POLICE DEPARTMENT IMPREST ACCOUNT

Transcription

1 Ch. 1, Pg. 1 Title 29 - Police Department Supp. 3 (7/1/98) TITLE 29 POLICE DEPARTMENT CHAPTER 1. CHAPTER 2. CHAPTER 3. CHAPTER 4. CHAPTER 5. CHAPTER 6. CHAPTER 7. CHAPTER 8. CHAPTER 9. CHAPTER 10. POLICE DEPARTMENT, PERSONNEL, RECORDS CONDUCT AND STANDARDS PRISONERS POLICE PENSIONS AND RETIREMENT SYSTEM CODE CITATIONS AND ISSUANCE AUTHORITY POLICE DEPARTMENT IMPREST ACCOUNT WRECKER SERVICES FORFEITED PROCEEDS AND PROPERTIES FUND TULSA NINE-ONE-ONE EMERGENCY NUMBER CONTRACTS WITH OTHER MUNICIPALITIES CHAPTER 1 POLICE DEPARTMENT, PERSONNEL, RECORDS Section 100. Section 101. Section 102. Section 103. Section 104. Section 105. Section 106. Section 107. Section 108. Section 109. Section 110. Section 111. SECTION 100. Police Department. Control of Department. Definitions and Construction. Appointments, Promotions. Position of Chief. Duties of Chief. Powers of Chief. Reports. Records Kept. Authority to Release Certain Reports. Fees for Records and Related Services. Deposit of Fees. POLICE DEPARTMENT A Police Department of the City of Tulsa ("the Department") shall be composed of a Chief of Police and such employees necessary to perform the duties and functions of the Department, subject to the provisions of the Charter and the Revised Ordinances of the City of Tulsa.

2 Ch. 1, Pg. 2 Title 29 - Police Department Supp. 3 (7/1/98) SECTION 101. CONTROL OF DEPARTMENT The Department shall be under the control and authority of the Mayor who shall approve rules and regulations defining the authority, specifying the duties, and governing the conduct of all police officers and employees of the Department. Ord. No SECTION 102. DEFINITIONS AND CONSTRUCTION Unless otherwise provided herein, for the purposes of this title the following words and phrases shall have the meanings given herein. A. Employees shall be all persons other than police officers appointed in the Police Department whose duties are to assist in the operation and functioning of the Department. B. Police Officers shall be those persons who are employed for the purpose of maintaining order, preventing and detecting crime, protecting the rights, lives and property of citizens and enforcing the laws. C. Singular and Plural. The use of any term in singular includes the plural of that term and the use of any term in plural includes the singular of that term. D. Gender. The use of any masculine gender term shall include the feminine gender term. Ord. No SECTION 103. APPOINTMENTS, PROMOTIONS Appointments and promotions of members of the Police Department shall be according to rules and regulations established by the Civil Service Commission and approved by the Council as provided in the Charter of the City of Tulsa. SECTION 104. POSITION OF CHIEF There shall be a Chief of Police whose appointment shall be made by the Mayor, subject to the provisions of the Charter of the City of Tulsa. SECTION 105. DUTIES OF CHIEF It shall be the duty of the Chief of Police to preserve the public peace, to prevent the commission of crime, to arrest offenders, to protect the rights of persons and property, to provide police officers at fires to protect the firefighters and property, to suppress riots and insurrections and disperse unlawful and dangerous assemblies, to preserve order at all elections and all public meetings and assemblies, to prevent and regulate the movement of vehicles in the streets, and to prevent the violation of all laws and ordinances. SECTION 106. POWERS OF CHIEF

3 Ch. 1, Pg. 3 Title 29 - Police Department Supp. 3 (7/1/98) The Chief of Police shall have general supervision of the Department, and shall be accountable to the Mayor for the promulgation of all orders or regulations made or given to the Department. Every member of the Police Department shall respect and obey all orders issued by the Chief. It shall be the duty of the Chief to confer fully with and be advised by the Mayor on all important matters pertaining to the government of the Department. SECTION 107. REPORTS The Chief of Police shall make periodic reports to the Mayor, showing the condition of the Department, the number of arrests, complaints and crimes by district, the amount of property stolen or taken, the amount recovered and such other information as the Mayor shall request. SECTION 108. RECORDS KEPT The Chief shall keep the following records in the Department: A. A record showing the name, age, weight and height of every officer and employee of the Department, the division of service in which stationed, the place of residence, the date of appointment and the time of removal, discharge or retirement; B. A detailed inventory of all property belonging to the Police Department; C. Records signed by all members of the Police Department showing the receipt of any equipment which is the property of the City; and D. A record of monthly reports of all work done by the Department, including the time each police officer has been absent during the month and the cause of such absence, the number of arrests made, the cause of each arrest and the name of each police officer making the arrest; such records shall carry citations of commendation in cases which merit them and notations of demerits where the facts may justify them. SECTION 109. AUTHORITY TO RELEASE CERTAIN REPORTS The Department is authorized to release to the public, upon payment of any required fees, a copy of the Official Traffic Collision Report and any completed Supplement to Official Traffic Collision Report form relating to a specific traffic accident; provided, however, that this authority does not authorize the release of investigative materials or other records which may be related to the identified reports or supplements. SECTION 110. FEES FOR RECORDS AND RELATED SERVICES A. Fees for copying reports or records which are authorized for release by the Department under authority of City ordinance and which are not records subject to Oklahoma's Open Records Act, and fees for services relating to records shall be as follows: Individual Record Review $2.00 When no record $0.50

4 Ch. 1, Pg. 4 Title 29 - Police Department Supp. 3 (7/1/98) Police Report (ten pages or less) $3.00 Each additional page $1.00 Rolling Fingerprints $3.00 B. No fee for performing these services shall be collected from: 1. Any of the Armed Services; 2. Law enforcement or governmental agencies; or 3. An individual identified as the victim of a criminal offense in the police report requested. Only one copy shall be furnished to these individuals at no cost, and then only provided the request is made in person, with photo identification required. C. No person shall be allowed to examine or receive a copy of an accident report or any related investigation report if examination or reproduction of the report is sought for the purpose of making a commercial solicitation. Any person requesting an accident report may be required to state, in writing, under penalty of perjury, that the report will not be examined, reproduced, or otherwise used for commercial solicitation purposes. Ord. Nos , SECTION 111. DEPOSIT OF FEES The fees collected by the Police Department shall be deposited daily with the Director of Finance. Ord. No. 8364

5 Ch. 1, Pg. 1 Title 29 - Police Department (1/1/1997) CHAPTER 2 CONDUCT AND STANDARDS Section 200. Section 201. Section 202. Section 203. Section 204. Section 205. Section 206. Section 207. Section 208. SECTION 200. Uniforms and Attire. Knowledge of Laws. Duty Hours. Conduct. Report Suspects. Signing of Petitions. Stolen, Abandoned and Found Property. Disposition of Property. Fee for Storage of Property Authorized. UNIFORMS AND ATTIRE Every member of the Police Department shall at all times when entering upon any duty be neat; his badge, clothing, boots, shoes and wearing apparel shall be clean and shall conform to the rules and regulations of the Department. No member of the Department, except city detectives and other persons who may be designated by the Chief, shall report for duty unless he is attired in the regulation uniform and he has in his immediate possession all the equipment required by written directives of the Chief. SECTION 201. KNOWLEDGE OF LAWS It shall be the duty of each member of the Police Department to be at all times thoroughly familiar with the rules and regulations of the Department, all ordinances pertaining to police work and all changes which may affect the discharge of his duties. SECTION 202. DUTY HOURS Officers and members of the Police Department shall devote total time and attention to the business of the Department while on duty. Officers and members of the Police Department shall be deemed to be on duty at all times during their regular shift. Officers are subject to call for duty, and they shall be prepared to act immediately upon notice that their services are required. Officers and members of the Department may, however, secure part-time employment which does not interfere nor conflict with their duties as officers or members of the Department and which meets the guidelines as set out in the written policies, procedures and directives of the Department. SECTION 203. CONDUCT Each member of the Police Department, in his conduct and deportment, shall be quiet, civil and orderly in the performance of his duty. He shall exert only such force in making arrests as is necessary for the execution of the arrest or imprisonment of the violator or person apprehended. He shall at all times refrain from coarse, profane or insulting language and, when required, shall act with firmness and sufficient energy and force to perform his duty.

6 Ch. 1, Pg. 2 Title 29 - Police Department (1/1/1997) SECTION 204. REPORT SUSPECTS Police officers shall report to their commanding officer all persons known or suspected of being gamblers, receivers of stolen property, thieves, burglars, prostitutes or offenders of any kind who may live in or frequently visit their territories. They shall exert their best efforts to locate gambling houses, houses of prostitution, or places where intoxicating liquors or contraband are illegally held, manufactured or sold. SECTION 205. SIGNING OF PETITIONS No member of the Police Department shall be permitted to solicit or sign petitions or participate in any attempt to request the employment of any person by the City government, the promotion of any City employee or officer, or to protest the discharge or demotion of any City officer or employee, or otherwise to engage in any effort to use any influence for such purposes. SECTION 206. STOLEN, ABANDONED AND FOUND PROPERTY All stolen property recovered by the Police Department and all abandoned or found property which comes into the possession of the Department shall be kept in the Department property room and held under the authority of the Chief of Police. SECTION 207. DISPOSITION OF PROPERTY The disposition of all property in the Department property room shall be governed by applicable state and federal laws. The Chief of Police is authorized to withhold any unclaimed or abandoned property from public sale and obtain court approval for the transfer of its ownership to the City of Tulsa when such property is adaptable for use by any City department. SECTION 208. FEE FOR STORAGE OF PROPERTY AUTHORIZED The Chief of Police is authorized to require the payment of a reasonable fee for storage before the release of the property from the Department property room.

7 Ch. 1, Pg. 1 Title 29 - Police Department (1/1/1997) CHAPTER 3 PRISONERS Section 300. Section 301. Section 302. Section 303. Section 304. Section 305. SECTION 300. City Jail. Custody of Prisoners. Duty of Jailer. Property Record. Delivery to Other Officers. Authority to Contract for Jail Facilities. CITY JAIL There is hereby established a city jail which shall be in the custody of the Chief Jailer. The Jailer shall receive all persons committed to the jail by the Municipal Court and detain them therein in the jail in execution of the judgment of the Court. He shall receive and detain all persons charged with the violation of any law or ordinance and delivered to him by any police officer of the City, pending orders of the Municipal Court in relation to such prisoners. The Jailer shall cause persons of opposite sex to be lodged in separate compartments of the jail. He shall discharge his duties under the supervision and control of the Chief of Police. All female prisoners shall be in the custody of a matron who shall exercise the police power of jailer and who shall perform her duties under the direction of the Chief of Police. SECTION 301. CUSTODY OF PRISONERS Persons confined in the jail by sentence or commitment of the Municipal Court for the violation of the City's ordinances or regulations or in default of payment of any fine or penalty for such violation shall be under the care and control of the Chief of Police by direction of the Mayor, and the Chief of Police shall be held responsible for the safe keeping of all prisoners. SECTION 302. DUTY OF JAILER It shall be the duty of the Jailer, prior to the incarceration of any prisoner, to remove from the person of the prisoner any weapon found on his person, any money, watch, jewelry or other valuable thing until the prisoner is released from imprisonment and to return them to the prisoner upon his release; provided, however, that anything which may be found on the person of the prisoner which is in his possession in violation of the law, shall be disposed of as provided by law.

8 Ch. 1, Pg. 2 Title 29 - Police Department (1/1/1997) SECTION 303. PROPERTY RECORD It shall be the duty of the Jailer to immediately record on the police docket of arrests, opposite the name of the person arrested, a list of all articles taken from such person prior to his incarceration and, when his property is returned to such person, to obtain a receipt therefor, which receipt shall be kept on file by the Jailer. SECTION 304. DELIVERY TO OTHER OFFICERS Upon the delivery to any county, state or federal official of any prisoner arrested and in the custody of the City police, it shall be the duty of the Jailer to deliver any weapon belonging to such prisoner to the receiving officer, to deliver any valuables or money belonging to such prisoner to the prisoner himself and to take a receipt from the prisoner and the officer for the articles so delivered. The Jailer shall not allow anyone, except the Chief of Police, the City Attorney or any regularly licensed attorney or attorneys, to visit or converse with prisoners in the jail without the written permission of the Chief, except in the presence and hearing of an officer in charge of such prisoner. SECTION 305. AUTHORITY TO CONTRACT FOR JAIL FACILITIES Notwithstanding any of the foregoing provisions, the functions described by this chapter to establish, maintain or operate jail facilities may be satisfied by contract between the City of Tulsa and other agencies or entities, whether public or private.

9 Ch. 1, Pg. 1 Title 29 - Police Department (1/1/1997) CHAPTER 4 POLICE PENSIONS AND RETIREMENT SYSTEM Section 400. Section 401. Section 402. Section 403. Section 404. SECTION 400. Creation of Police Pension and Retirement System. Composition, Term and Elections to the Local Board of Trustees. Officers, Quorum, Duties and Responsibilities. Legal Advisor, Litigation. State Law. CREATION OF POLICE PENSION AND RETIREMENT SYSTEM There is hereby established the City of Tulsa Local Police Pension and Retirement Board ("Local Board") of the Oklahoma Police Pension and Retirement System, as authorized by the Police Pension and Retirement Act of the State of Oklahoma, 11 O.S.1991, , et seq. The purpose of this chapter is to provide a local board to assist the Oklahoma Police Pension and Retirement System Board of Trustees in the provision of pension allowances and other benefits to City of Tulsa police officers, their spouses and children. All sections and provisions of the Oklahoma statutes pertaining to the Oklahoma Police Pension and Retirement Act, 11 O.S.1991, , et seq., and any amendments thereto, however numbered or designated, are hereby adopted and incorporated into this chapter. SECTION 401. COMPOSITION, TERM AND ELECTIONS TO THE LOCAL BOARD OF TRUSTEES The Local Board shall consist of the City Clerk and the City Treasurer, who shall serve as trustees during their respective terms of office, and three (3) officers from the Police Department who shall be elected as provided herein. At least thirty (30) days prior to the expiration of each member trustee's term, the City Clerk shall publicly post, at police headquarters, the announcement of a Local Board election, and the members participating in the Oklahoma Police Pension and Retirement System, either active on or retired from the City of Tulsa Police Department, shall elect by ballot one of its participating members to serve for a term of three (3) years on the Local Board. If a vacancy occurs on the Local Board, the vacancy shall be filled for the unexpired term in the same manner in which the position was previously filled. SECTION 402. OFFICERS, QUORUM, DUTIES AND RESPONSIBILITIES During the regularly scheduled meeting in January of each year, the Local Board shall choose a chairman and secretary from its membership who shall serve for terms of one (1) year or until their successors are elected. In the event any chairman or secretary ceases to be a member of the Local Board, the Local Board shall elect from its members, a chairman or secretary to serve the unexpired term of the officer whose membership on the Local Board has terminated. The Local Board shall hold monthly meetings at a regular time and place and at any time otherwise necessary, upon the call of its chairman. A majority of all the members of the Local Board shall constitute a quorum and shall have the power to transact business.

10 Ch. 1, Pg. 2 Title 29 - Police Department (1/1/1997) It shall be the responsibility of the Local Board to review applications for the following: 1. Membership in the Oklahoma Police Pension and Retirement System through the City of Tulsa Local Police Pension and Retirement Board; 2. Refund of accumulated contributions to members terminating employment from the Tulsa Police Department; 3. Retirement benefits; and 4. Disability benefits and examinations to determine continuation of disability benefits. The Local Board shall recommend approval, disapproval or modification of each application described above and the secretary of the Local Board shall forward such recommendation to the Board of Trustees of the Oklahoma Police Pension and Retirement System within ten (10) days following the Local Board's decision. Consideration by the Local Board of all applications shall be strictly pursuant to the provisions of 11 O.S.1991, , et seq., and any applicable rules and regulations promulgated by the State Board of Trustees. SECTION 403. LEGAL ADVISOR, LITIGATION The City Attorney of the City of Tulsa, or his designee, shall be the legal advisor of the Local Board, shall appear on behalf of the Local Board at its meetings and shall represent it in suits brought by or against the Local Board. In the event the Local Board determines that there is a concern or conflict of interest in the handling of any litigation wherein the City of Tulsa is named as a party, the Local Board is authorized to retain additional or other legal counsel in its discretion. The Local Board shall notify the State Board immediately upon involvement of the Local Board in litigation of any nature and shall set forth in detail the specific nature of the involvement.

11 Ch. 1, Pg. 3 Title 29 - Police Department (1/1/1997) SECTION 404. STATE LAW The provisions of this chapter and all other laws and regulations governing eligibility for membership, contributions, benefits, transfer of service time and any other aspect of the Oklahoma Police Pension and Retirement System provisions applicable to the City of Tulsa police officers shall be subject to the provisions of 11 O.S.1991, , et seq., as amended. Ord. No

12 Ch. 1, Pg. 1 Title 29 - Police Department (1/1/1997) CHAPTER 5 CODE CITATIONS AND ISSUANCE AUTHORITY Section 500. Section 501. Section 502. Section 503. Section 504. Section 505. Section 506. Section 507. Section 508. Section 509. Section 510. Section 511. Section 512. Section 513. Section 514. Section 515. SECTION 500. Nontraffic Citations. Jurisdiction of Municipal Court. Appearance Date or Fine. Time for Appearance. Promise to Appear. Violation of Promise to Appear. Penalty. City Employees Approved by Mayor. Authority to Issue Citations. Police Power Conferred. No Firearms Authorized. Police Officer Required. Uniform. Identification. Money Not Acceptable. Police Department Authority Not Diminished. NONTRAFFIC CITATIONS Nontraffic code citations are hereby authorized and shall be issued on serially numbered forms approved by the Mayor and provided by the Municipal Court to any person, firm or corporation charged with violating certain penal provisions of the Revised Ordinances of the City of Tulsa. SECTION 501. JURISDICTION OF MUNICIPAL COURT Such citations shall be in the form and substance to be acceptable to invoke the full and appropriate jurisdiction of the Municipal Court and shall contain sufficient information to advise the person so charged of the offense, the title and section which is alleged to have been violated and to inform such person how the alleged violation may be contested. SECTION 502. APPEARANCE DATE OR FINE At the direction of the presiding Judge of the Municipal Court, the officer issuing such citation shall place on the citation a preset fine and/or a date and time for appearance before the Municipal Court.

13 Ch. 1, Pg. 2 Title 29 - Police Department (1/1/1997) SECTION 503. TIME FOR APPEARANCE The date specified in the citation for appearance shall be at least five (5) days and not more than thirty (30) days after the alleged violation, unless the person charged demands an earlier date. SECTION 504. PROMISE TO APPEAR The person charged with the violation may give his written promise to appear in court by signing at least one (1) copy of the citation prepared by the issuing officer, in which event the officer shall deliver a copy of the citation to the person and shall not have the person charged taken into physical custody. SECTION 505. VIOLATION OF PROMISE TO APPEAR It shall be unlawful for any person to violate his written promise to appear, regardless of the disposition of the charge for which such citation is originally issued; provided, however, that appearance by counsel shall constitute compliance with a written promise to appear. SECTION 506. PENALTY Every person convicted of violating Section 505 herein shall be guilty of an offense and, upon conviction thereof, shall be punished by a fine of not more than FIFTY DOLLARS ($50.00), including costs. SECTION 507. CITY EMPLOYEES APPROVED BY MAYOR The code citations authorized herein may be issued by any employee of the City of Tulsa, including those employees of the Tulsa City-County Health Department, who are so approved by the Mayor of the City of Tulsa. SECTION 508. AUTHORITY TO ISSUE CITATIONS A. Police Officers. Except as otherwise provided herein, the provisions of the Traffic Code and the Penal Code of the City of Tulsa and the provisions of this title (Police Department) may be enforced only by sworn, full-time officers of the Tulsa Police Department. B. Civilian Citation Officers of the Police Department. Civilian citation officers of the Tulsa Police Department may issue citations for violations of provisions contained in Chapter 23 of Title 27 (Penal Code) of the Tulsa Revised Ordinances restricting the use of water in times of shortages. C. Parking Investigators. Traffic citations for violations of the penal provisions of the Stopping, Standing and Parking Regulations of the Traffic Code of the City of Tulsa may be issued by those employees of the Public Works Department classified as Parking Investigators. D. Airport Safety Officials. The provisions of the Traffic Code and the Penal Code of the City of Tulsa may be enforced by sworn, full-time peace officers employed by the Tulsa Airport Authority within the Safety subsection of the Airport Operations Division. These officers shall include the positions of

14 Ch. 1, Pg. 3 Title 29 - Police Department (1/1/1997) Airport Safety Officer, Senior Airport Safety Officer, Airport Safety Supervisor and Airports/Operations Superintendent. E. Other Designated Employees. Authority to issue citations for the purpose of enforcing other penal provisions of the Tulsa Revised Ordinances may be conferred on those City employees, including heads of departments, who are designated and approved by the Mayor. Ord. No SECTION 509. POLICE POWER CONFERRED Police power is conferred upon those designated and approved City employees, subject to the limitations herein prescribed, and they shall be code enforcement officers or officials. SECTION 510. NO FIREARMS AUTHORIZED Such enforcement officers or officials are not authorized to carry any firearm in the performance of their duties. SECTION 511. POLICE OFFICER REQUIRED Such enforcement officers or officials are not authorized to physically subdue and take into custody any alleged violator unless accompanied by a regular police or peace officer. SECTION 512. UNIFORM Such enforcement officers or officials may wear uniforms approved and prescribed by the Mayor.

15 Ch. 1, Pg. 4 Title 29 - Police Department (1/1/1997) SECTION 513. IDENTIFICATION Such enforcement officers or officials shall carry at all times during the performance of their duties identification of their authority as issued by the City Clerk, and shall exhibit such identification upon request when performing their duties. SECTION 514. MONEY NOT ACCEPTABLE Such enforcement officers or officials are not authorized, under any circumstance, to accept money, cash, checks, money orders or things of value in payment of a fine. SECTION 515. POLICE DEPARTMENT AUTHORITY NOT DIMINISHED Nothing contained in this chapter shall in any way detract or diminish the powers and authority of the Tulsa Police Department. Any Tulsa police officer may issue such citations or proceed as otherwise authorized by the Chief of Police.

16 Ch. 1, Pg. 1 Title 29 - Police Department (1/1/1997) CHAPTER 6 POLICE DEPARTMENT IMPREST ACCOUNT Section 600. Section 601. Section 602. Section 603. Section 604. Section 605. Creation of Imprest Account. Documentation of Disbursements. Documentation Available on File. Disbursement by Check. Mayor to Reconcile Account. Recovered Funds, Unrecovered Funds, Records. SECTION 600. CREATION OF IMPREST ACCOUNT There is hereby created a Police Department Imprest Account ("Imprest Account") to be established as a separate checking account in a bank to be designated by the Treasurer of the City of Tulsa. Disbursements from the Imprest Account shall be made by the Police Department to obtain evidence for criminal investigations. The Imprest Account shall be maintained by charging the items paid out of it to the Police Department budget appropriation to obtain evidence and by the issuance of a warrant to reimburse the account. SECTION 601. DOCUMENTATION OF DISBURSEMENTS The Chief of Police shall document, on a form supplied by the Mayor, each disbursement made from the account and shall clearly state the purpose of such disbursement and the person or entity who will receive the funds. SECTION 602. DOCUMENTATION AVAILABLE ON FILE Such documentation shall remain in the files of the Chief of Police but shall be made available at any time for inspection and review by the City Auditor or outside independent auditors of the City, subject to the provisions of Section 605 herein. SECTION 603. DISBURSEMENT BY CHECK Disbursements from the Imprest Account shall be made by checks bearing the signature of any two (2) of the following: The Chief of Police, the two (2) Deputy Chiefs of Police, or the Commanding Officer of the Special Investigation Division of the Police Department. SECTION 604. MAYOR TO RECONCILE ACCOUNT The Mayor or his designee shall reconcile the Imprest Account at the end of each month and shall forward a copy of the reconciliation to the Chief of Police. SECTION 605. RECOVERED FUNDS, UNRECOVERED FUNDS, RECORDS Funds disbursed from the Imprest Account to obtain evidence and thereafter recovered by the City shall be deposited and returned to the Imprest Account. If funds are not recovered, a report stating the circumstances and detailing the manner of the expenditure and the reason for nonrecovery of the funds shall be

17 Ch. 1, Pg. 2 Title 29 - Police Department (1/1/1997) made by the Police Department and maintained in the files of the Chief of Police, and shall be available for review by the City Auditor or outside independent auditors of the City; provided, however, that the Mayor and the City Auditor must mutually agree that such investigation and review will not jeopardize or compromise an ongoing investigation, the identity of any informant or the safety of any victim, witness or police officer involved in any such criminal investigation. Ord. No

18 Ch. 1, Pg. 1 Title 29 - Police Department (1/1/1997) CHAPTER 7 WRECKER SERVICES Section 700. Section 701. Section 702. Section 703. Section 704. Section 705. Section 706. Section 707. SECTION 700. Contract Required. Specifications for Bidding. Equipment Requirements. Vehicle Inspection and Maintenance Requirements. Operating Rules and Regulations. Dispatching Procedure. Written Reports. Driver's License. CONTRACT REQUIRED Except as herein provided, no person shall dispatch or permit to be dispatched any wrecker he owns or controls at the request of any agent or employee of the City of Tulsa unless he has entered into a contract with the City to provide such service. No contract shall be required in cases in which the owner or operator of a vehicle not to be impounded specifically requests to have such vehicle towed by a wrecker service not having a contract with the City. Ord. No SECTION 701. SPECIFICATIONS FOR BIDDING Specifications for bidding for contracts with the City of Tulsa shall include, but shall not be limited to, the following: 1. The requirement that bidders have a current Class "A" wrecker license issued by the Oklahoma Department of Public Safety; 2. The size, construction and location of facilities and requirements as to availability of attendants; 3. The kinds and amount of insurance coverage and the requirement that the City be carried as an additional insured on all policies; 4. The priorities for services to be accorded requests for services; 5. The types of records which must be furnished to the City and the times for furnishing such records; 6. The response time of the contractor from the time of receiving a request for service until a wrecker arrives at the scene; 7. The requirement that the City shall not be liable for payment of any fees for impounded vehicles;

19 Ch. 1, Pg. 2 Title 29 - Police Department (1/1/1997) 8. The requirement that vehicles impounded at the request of the City shall be released at no cost to the vehicle owner when it is determined by the City that the vehicle was impounded through error; and 9. The requirement that the term for which each contract shall be one (1) year. Ord. No SECTION 702. EQUIPMENT REQUIREMENTS A. All contractors shall clearly mark their wreckers with the name of the wrecker service on each side of the vehicle in letters not less than two (2) inches in height and one-half (1/2) inch in width. The color of such lettering shall contrast with the body color of the vehicle so as to be easily legible. B. Every contractor shall maintain, in good operating condition and ready for use, equipment capable of rendering satisfactory wrecker service. C. Each vehicle to be used as a wrecker must be designed for such purpose and shall be maintained in excellent mechanical condition. D. Each vehicle to be used as a wrecker shall have at least one (1) amber rotating or flashing beacon with three hundred sixty degree (360 ) visibility. In addition, each vehicle shall have an emergency flasher system capable of emitting two (2) amber lights to the front and two (2) red lights to the rear of the vehicle which shall flash simultaneously. All lighting systems shall be visible from a minimum of five hundred (500) feet. E. Each vehicle to be used as a wrecker shall include the following equipment: 1. Two (2) "scotch" blocks or similar devices capable of adding stability to the wrecker in preparing the disabled vehicle for towing; 2. "Dollies" for the purpose of providing a method of towing a disabled vehicle which is otherwise incapable of being towed; or equipment capable of adequately and safely loading the disabled vehicle; provided, however, that this requirement shall not apply to the loading or transporting of disabled vehicles of ten thousand (10,000) pounds or more gross weight; 3. At least one easily accessible fire extinguisher with an NFPA rating of ten (10) BC or higher; 4. All truck warning devices required by 47 O.S.1991, to protect the scene of an accident during the daytime or at night; 5. Two (2) chains adequate for pulling or towing; 6. One (1) push-type broom; 7. One (1) axe; 8. One (1) shovel;

20 Ch. 1, Pg. 3 Title 29 - Police Department (1/1/1997) 9. One (1) set of tire chains; 10. One (1) pry-bar or wrecker bar capable of prying open vehicle doors; and 11. One (1) "sling," "stay-bar" or other device capable of protecting a disabled vehicle while being towed or transported. F. Each wrecker shall be equipped with a radio receiver and transmitter capable of communicating with the wrecker company dispatcher, and each wrecker company dispatcher shall have base station equipment capable of receiving and transmitting such communication. Ord. No SECTION 703. VEHICLE INSPECTION AND MAINTENANCE Prior to the use and operation of any vehicle under the provisions of this chapter, the vehicle shall be thoroughly examined and inspected by the Police Department in accordance with the rules and regulations prescribed by this chapter. Every vehicle operating under the terms of the contract and the provisions of this chapter shall be periodically inspected by the Police Department at such intervals as shall be established by the Chief of Police to ensure the maintenance of safe operating conditions. Upon such inspection, if it be found that the vehicle operating under the provisions of this chapter does not meet the requirements established herein, the Chief of Police shall cause the vehicle to be removed from service until such time as the vehicle has been made to comply with the requirements of this chapter. When any vehicle has been involved in a reportable accident and is taken out of service, such vehicle shall not be put back into service until it is repaired. It is the primary responsibility of the owner to make necessary repairs before the vehicle is returned to service. Ord. No

21 Ch. 1, Pg. 4 Title 29 - Police Department (1/1/1997) SECTION 704. OPERATING RULES AND REGULATIONS A. Every contractor shall provide immediate service, twenty-four (24) hours per day, each and every day of the week. B. Every call for a wrecker shall be answered promptly. In the event a driver will be delayed more than twenty (20) minutes from the time of dispatch to arrival at the scene, the driver shall notify his dispatcher who, in turn, shall contact the police dispatcher for further instruction or directions. C. Every contractor shall have available for immediate service, at least one (1) wrecker driver on duty between the hours of 7:00 p.m. and 7:00 a.m. daily, and one (1) dispatcher and three (3) wrecker drivers on duty between the hours of 7:00 a.m. and 7:00 p.m. daily. D. Except as otherwise provided by terms of contract, every contractor shall have a minimum of four (4) wreckers and four (4) drivers. Each such wrecker shall meet all requirements of this chapter. E. The contractor shall not accept a call from the Police Department unless a wrecker and driver are immediately available for dispatch at the time such call is received. F. Each wrecker driver dispatched to the scene of an accident shall be responsible for clearing from the street all debris existing as a result of the accident. G. The steering wheel of all towed vehicles shall be secured with a tie-down before towing. H. An inventory of all visible personal possessions or equipment in each towed vehicle shall be prepared by the wrecker driver before the vehicle is removed, and such inventory shall be verified by the signature of the police officer at the scene. Any erasures on such inventory shall be initialed by both the wrecker driver and the police officer. I. No contractor shall maintain more than his originally authorized business location without prior approval by the City. Ord. No SECTION 705. DISPATCHING PROCEDURE A. In the event the wrecker service called is unable to provide immediate service, the police dispatcher shall be advised of the reason therefor and the nearest wrecker service shall be called. B. No wrecker service shall proceed to the scene of an accident until and unless it has been directed to do so by the police dispatcher or owner of the vehicle. C. When the contractor receives a call from the police dispatcher, he shall indicate whether or not a wrecker and driver are immediately available for dispatch. If such wrecker or driver is not immediately available, the contractor shall so notify the police dispatcher at the time of receiving the request. D. If a contractor discovers that he is not properly equipped or capable of performing the service required at the scene, he shall immediately notify the police dispatcher for additional instructions or directions.

22 Ch. 1, Pg. 5 Title 29 - Police Department (1/1/1997) Ord. No SECTION 706. WRITTEN REPORTS The contractor shall keep records in which he shall log each police call received, the time such call was received, the time the wrecker reached the scene and the time the wrecker returned. Such records shall be kept on a daily basis and shall be open to inspection by the Police Department or the Mayor upon request. A written report shall be made to the Chief of Police: 1. Upon refusal to accept a call because of equipment failure or the lack of available driver; 2. When there has been an unusual delay in arriving at the scene of a police call; 3. When there has been damage or alleged damage to the towed vehicle caused by the wrecker or driver; or 4. When there has been loss or alleged loss of personal property or equipment from the towed vehicle during the time it was in possession of the wrecker company or its employees. These reports shall be made within five (5) working days of the event and shall contain all information pertinent to the event. Ord. No SECTION 707. DRIVER'S LICENSE No person shall drive or be permitted to drive, upon the streets of the City, a wrecker car or truck regulated by this chapter unless the person shall have a current, valid driver's license issued by the state of Oklahoma. Ord. No

23 Ch. 1, Pg. 1 Title 29 - Police Department (1/1/1997) CHAPTER 8 FORFEITED PROCEEDS AND PROPERTIES FUND Section 800. Section 801. SECTION 800. Creation of Fund. Uses of Funds. CREATION OF FUND There is hereby established a special fund to be known as the Police Department Forfeited Proceeds and Properties Fund of the City of Tulsa, Oklahoma ("the Fund"). All cash proceeds received by the City from forfeited proceeds and properties from the federal government, together with all income derived from the investment of such funds, shall be deposited into the Fund and used only for the purposes and under the conditions herein established. SECTION 801. USES OF FUNDS The Fund shall be used and expended by the City of Tulsa only for law enforcement and drug education purposes and in the manner described herein. A. The actual use of forfeited funds must comport with the specified intended use of the property as detailed in the City's Application for the Transfer of Federally Forfeited Property. B. The result in the use of such funds shall be an overall increase in law enforcement resources of the City. Such funds may be used only to supplement the Police Department Budget and never to supplant any portion of it. C. Such funds shall not be used for drug education purposes, unless the Tulsa Police Department shall be a sponsor or participant in the program and shall be actively involved in the program by the presence of law enforcement personnel. D. Such funds may be used by the City to obtain "buy money," overtime salaries and other resources necessary for effective law enforcement. E. Such funds shall not be used for salary purposes, except for overtime as provided herein. Ord. No

24 Ch. 1, Pg. 1 Title 29 - Police Department (1/1/1997) CHAPTER 9 TULSA NINE-ONE-ONE EMERGENCY NUMBER Section 900. Section 901. Section 902. Section 903. Section 904. Section 905. Section 906. Section 907. Section 908. Section 909. Section 910. SECTION 900. Short Title. Definitions. Emergency Telephone Fee - Continued. Collection of Fee. Administration of Emergency Telephone Service. Emergency Telephone Service Management Board Created. Duties of the Emergency Telephone Service Management Board. Termination of Fee. Failure to Remit Fee. False Reporting. Fee for Excessive Nonemergency Use. SHORT TITLE This chapter shall be known and may be cited as the Tulsa Nine-One-One Emergency Number Ordinance. Ord. No SECTION 901. DEFINITIONS As used in this chapter, the following words and phrases shall have the meanings given herein. A. City shall mean the City of Tulsa, Oklahoma, a municipal corporation. B. Emergency telephone fee shall mean a fee used to finance the operation of the emergency telephone service so as to provide service users within the corporate limits of the City of Tulsa access to the emergency telephone service. C. Emergency telephone service shall mean any telephone system utilizing a three-digit number, nine-one-one (911), for reporting an emergency to the appropriate public agency providing law enforcement, fire, medical or other emergency services, including ancillary communications systems and personnel necessary to pass a reported emergency to the appropriate emergency service personnel within the corporate limits of the City of Tulsa. D. Governing body shall mean the Council of the City of Tulsa. E. Local exchange telephone company shall mean any company providing exchange telephone service to any service user within the corporate limits of the City of Tulsa. F. Person shall mean any service user, including but not limited to any individual, firm, partnership, copartnership, joint venture, association, cooperative organization, private corporation, whether organized for profit or not, fraternal organization, nonprofit organization, estate, trust, business or common

25 Ch. 1, Pg. 2 Title 29 - Police Department (1/1/1997) law trust, receiver, assignee for the benefit of creditors, trustee or trustee in bankruptcy, the United States of America, the state, political subdivisions of the state, or any federal or state agencies, departments, commissions, boards or bureaus within the corporate limits of the City of Tulsa. G. Service user shall mean any person who is provided exchange telephone service within the corporate limits of the City of Tulsa. H. Tariff rate shall mean the rate or rates billed by the local exchange telephone company and stated in tariffs applicable to such company as approved by the Oklahoma Corporation Commission, which represents the recurring charges of the local exchange telephone company for exchange telephone service or its equivalent, exclusive of all taxes, fees, licenses or other similar charges. Ord. Nos , SECTION 902. EMERGENCY TELEPHONE FEE - CONTINUED A. Emergency Telephone Fee Pursuant to the Nine-One-One Emergency Number Act, 63 O.S.1991, 2811, et seq., and the enactment of City of Tulsa Ordinance No , which became operative January 1, 1989, there was levied upon all service users subject to the jurisdiction of the City of Tulsa for whom emergency telephone service was contracted, an emergency telephone fee in the amount of five percent (5%) of the tariff rate in the first year of the fee and in the amount of three percent (3%) of the tariff rate for the following two years, expiring at midnight on December 31, B. Emergency Telephone Fee Pursuant to the Nine-One-One Emergency Number Act, 63 O.S.1991, 2811, et seq., to be operative from January 1, 1992, through midnight, December 31, 1994, there is hereby levied upon all service users subject to the jurisdiction of the City of Tulsa for whom emergency telephone service has been contracted, an emergency telephone fee in the amount of three percent (3%) of the tariff rate; provided, however, that the electors of the City may impose a fee not to exceed five percent (5%) of the tariff rate according to the provisions of 63 O.S.Supp.1996, Amounts collected in excess of those necessary for operation of the emergency telephone service within any given year shall be carried forward to subsequent years. No such fee shall be imposed upon more than one hundred (100) exchange access lines or their equivalent per person per location. The governing body of the City may renew the levy of the emergency telephone fee, by amendment hereto, for periods no longer than three (3) years at a time. C. Emergency Telephone Fee for Ancillary Communications Systems Effective May 1, Pursuant to the Nine-One-One Emergency Number Act, 63 O.S.Supp.1991, 2811 et seq., the governing body of the City finds that there exists a need for ancillary communications systems, inclusive of mobile data communications systems, necessary to pass a reported emergency to the appropriate emergency service and personnel. In fulfillment of this need, unless made subject to an election as provided in 63 O.S.Supp.1996, 2814, effective May 1, 1994 and for such additional time as is needed to purchase said ancillary communications systems and equipment, there is hereby levied upon all service users subject to the jurisdiction of the City of Tulsa for whom emergency telephone service has been contracted, an emergency telephone fee in the amount of five percent (5%) of the tariff rate. This five percent (5%) emergency telephone fee shall be in lieu of the three percent (3%) emergency telephone fee provided in Subsection B herein. The continued need to purchase said ancillary communications systems and equipment shall be reviewed at least once each calendar year as provided in Subsection D herein.

26 Ch. 1, Pg. 3 Title 29 - Police Department (1/1/1997) D. Annual Review of Fee Rate. Notwithstanding the provisions in Subsection B herein, at least once each calendar year before September 1 of each year after first collection of the emergency telephone fee, the governing body of the City shall review and, if necessary, adjust the fee rate so that, together with any surplus revenues carried forward from previous years, the fee rate shall not exceed an amount necessary to fund authorized expenditures for operation of the emergency telephone service; provided, however, that the fee rate so adjusted shall not exceed an amount authorized by the Nine-One-One Emergency Number Act. Any such adjustment in the fee rate shall take effect commencing with the first billing period of each service user on or after the following January 1. E. Notice. At least ninety (90) days before any new rate shall become effective, the governing body of the City shall provide notice of the new rates by certified mail to each local exchange telephone company providing emergency telephone service to areas within the jurisdiction of the City of Tulsa. Ord. Nos , 17520, SECTION 903. COLLECTION OF FEE A. Collection. The emergency telephone fee shall be collected monthly by each local exchange telephone company at the same time charges for exchange telephone services are collected and in accordance with the regular billing practices of the company. In the event any service user tenders a payment in an amount insufficient to satisfy all charges, tariffs, fees and taxes, the amount tendered shall be first credited to the emergency telephone fee. B. Remittance. All fees collected by a local exchange telephone company pursuant to this chapter shall be remitted to the City, together with any accumulated interest, no later than thirty (30) days after the end of the month in which the fees were collected. Such remittance shall be submitted with a return on a form acceptable to the City and the local exchange telephone company. C. Records. The local exchange telephone company shall maintain a complete and accurate set of records on the amount of all fees collected. Such records shall be maintained for a period of one (1) year from the end of any fiscal year in which such fees were collected. The City may, at its own expense, require an annual audit of such records. Ord. Nos , SECTION 904. ADMINISTRATION OF EMERGENCY TELEPHONE SERVICE Nine-one-one (911) emergency telephone services of the City of Tulsa shall be under the administration of the Tulsa Police Department. The Police Department is authorized, empowered and charged with the duty to maintain, operate and administer the emergency telephone service consistent with the distinctive duties, responsibilities and expertise of the Fire Department, the Police Department, the Department of Information and Communications Services, the Emergency Medical Services Authority (EMSA), subject to the powers and duties of the Emergency Telephone Service Management Board. Ord. No

27 Ch. 1, Pg. 4 Title 29 - Police Department (1/1/1997) SECTION 905. EMERGENCY TELEPHONE SERVICE MANAGEMENT BOARD CREATED There is hereby created an Emergency Telephone Service Management Board ("the Board") whose members shall be the Chief of the Tulsa Fire Department; the Chief of the Tulsa Police Department; the Director of Information and Communications Services of the City of Tulsa, the Executive Director of the Emergency Medical Services Authority (EMSA), a public trust created for the benefit of the City of Tulsa; and a regional representative, selected for a term pursuant to an interlocal agreement to which the City of Tulsa is a party, who shall serve for a term of three (3) years. Each member of the Board shall have one (1) vote. The Board shall elect from its membership a chairman, vice-chairman, secretary and other such officers as it deems necessary. Officers shall serve for terms of two (2) years. Regular meetings of the Board shall be held as often as a majority of the Board deems proper. Special and emergency meetings of the Board may be called by any member. Ord. No SECTION 906. DUTIES OF THE EMERGENCY TELEPHONE SERVICE MANAGEMENT BOARD The Emergency Telephone Management Board is hereby authorized, empowered and charged with following duties: A. The establishment of all policies, procedures, rules and regulations governing the utilization of the emergency telephone service of the City of Tulsa by any department, agency or entity; B. The recommendation of qualifications and standards for subordinate employees and positions authorized to operate the emergency telephone service, for submission to the Civil Service Commission and the Council of the City of Tulsa, as provided by the Charter of the City of Tulsa; C. The development, supervision and administration of the budget and expenditure of funds for the emergency telephone service, consistent with the budget, financial and legal policies and procedures of the City; D. The recommendation to the governing body of the City concerning the terms and conditions of contracts with outside agencies and suppliers related to the utilization of the emergency telephone service; E. The planning of activities associated with services, facilities and resources related to the operation of the emergency telephone service; F. The identification for acquisition of capital additions, facilities, improvements and expansions and other needs of the emergency telephone service, consistent with the City's budgetary and capital improvement policies and procedures; and G. The effective and efficient operation of the emergency telephone service. Ord. No SECTION 907. TERMINATION OF FEE