CHAPTER 11:  HEALTH AND SAFETY
Article 1:  Toilet Facilities
   11-1.   Definitions
   11-2.   Owner to provide proper facilities
   11-3.   Proper disposal of human excrement
   11-4.   Cleanliness and toilet contents
   11-5.   Unauthorized facilities; public nuisance
Article 2:  Unwholesome Food
   11-40.   Adulterated or misbranded food
   11-41.   Examination of food
   11-42.   Duty of City Attorney
   11-43.   Definitions
   11-44.   Samples
   11-45.   Poisonous preservatives
   11-46.   Bake houses in cellars prohibited
   11-47.   Sleeping areas for employees
   11-48.   Prohibited sales
   11-49.   Inspection
   11-50.   Destruction of unwholesome food
   11-51.   Establishments for sale or consumption
Article 3:  Miscellaneous Provisions
   11-65.   Expectoration on streets
   11-66.   Throwing medicine on street
Article 4:  Uniform Code for Emergency Medical Services
   11-80.   Definitions
   11-81.   Medical Director
   11-82.   Guthrie Emergency Medical Services (GEMS)
   11-83.   Mandatory centralized call processing
   11-84.   Mandatory EMS data system and reporting standards
   11-85.   Insurance requirements
   11-86.   Ambulance service license required
   11-87.   Specialized mobile intensive care patients
   11-88.   Ambulance response time performance required
   11-89.   Prohibition of refusal to transport
   11-90.   Procedures for denial, revocation or suspension of a permit
   11-91.   Violations
   11-92.   Penalties
Article 5:  911 Emergency System
   11-95.   Tie-ins prohibited
Article 6:  Tobacco and Electronic Cigarettes
   11-101.   Definitions
   11-102.   Prohibition of tobacco products and electronic smoking devices in certain places prohibited
   11-103.   Exemptions
   11-104.   Designated smoking rooms and areas
   11-105.   Posting
   11-106.   Penalty
ARTICLE 1:  TOILET FACILITIES
§ 11-1  DEFINITIONS.
   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   HUMAN EXCREMENT.  The bowel and kidney discharge of human beings.
   SANITARY PIT PRIVY.  A privy which is built, rebuilt or constructed so as to conform to the specifications approved by the State Health Departments.
   SANITARY WATER CLOSET.  The flush type toilet which is connected with a sanitary sewer line of a capacity and construction as to carry away the contents at all times.
(`90 Code, § 11-1)
§ 11-2  OWNER TO PROVIDE PROPER FACILITIES.
   Every owner of a residence or other building in which humans reside, are employed or congregate within this city shall install, equip and maintain adequate sanitary facilities for the disposal of human excrement; namely, a sanitary water closet or closets, or a sanitary pit privy or privies.  The closets and toilets hereby required shall be of the sanitary water closet type and connected to the sanitary sewer system when located within 50 feet of a sanitary sewer system when located within 50 feet of the sewer extensions proposed for construction with the funds provided by the Housing and Urban Development Administration, shall have two years from the date of the completion of the extensions to connect with the sewer extensions, and of the sanitary water closet type (notwithstanding a greater distance from a sanitary sewer) or to the water closet type emptying into a septic tank system or the pit privy type provided that a septic tank system or a pit privy may be used in such cases only if it meets the standards of and is approved by the Health Department.
(`90 Code, § 11-2)
§ 11-3  PROPER DISPOSAL OF HUMAN EXCREMENT.
   (A)   All human excrement disposed of within this city shall be disposed of by depositing is in closets and privies of the type hereinabove provided for.
   (B)   It is unlawful for any owner of property within the city to permit the disposal of human excrement thereon in any other manner or for any person to dispose of human excrement within the city in any other manner.
(`90 Code, § 11-3)
§ 11-4  CLEANLINESS AND TOILET CONDITIONS.
   (A)   All privies shall be kept clean and sanitary at all times and the covers of the seats of privies shall be kept closed at all times when the privies are not being used.
   (B)   No wash water, kitchen slop or anything other than human excrement and toilet paper shall be emptied into a privy.
   (C)   No excrement from any person suffering from typhoid fever, dysentery or other serious bowel disease shall be deposited in any sanitary pit privy or sanitary water closet or water closet emptying into a septic tank until it is disinfected in a manner as may be prescribed by the Health Officer.
(`90 Code, § 11-4)
§ 11-5  UNAUTHORIZED FACILITIES; PUBLIC NUISANCE.
   (A)   All facilities for the disposal of human excrement in a manner different from that required by this article, and all privies and closets so constructed, situated or maintained as to endanger the public health, are hereby declared to be public nuisances and may be dealt with and abated as such.
   (B)   Any person maintaining any nuisance is guilty of an offense and each day upon which any nuisance continues is a separate offense.
(`90 Code, § 11-5)
ARTICLE 2:  UNWHOLESOME FOOD
§ 11-40  ADULTERATED OR MISBRANDED FOOD.
   It shall be unlawful for any person to maintain within the city any article of food or confectionery which is adulterated or misbranded within the meaning of this article and any person who shall violate any of the provisions of this section shall be guilty of an offense.
(`90 Code, § 11-16)
§ 11-41  EXAMINATION OF FOOD.
   The examination of specimens of food or confectionery shall be made by the Health Officer or under his or her direction if it shall appear from the examination of any of the specimens that they ate adulterated or misbranded within the meaning of this article, the Health Officer shall cause a complaint to be sworn out.
(`90 Code, § 11-17)
§ 11-42  DUTY OF CITY ATTORNEY.
   It shall at all times be the duty of the City Attorney to cause appropriate proceedings to be commenced and prosecuted in the proper courts without delay for the enforcement of penalties as in such cases herein provided.
(`90 Code, § 11-18)
§ 11-43  DEFINITIONS.
   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADULTERATION.
      (1)   Confectionery.  If it contains terra, alba, barytes, talc, chrome yellow or other mineral substance or poisonous color or flavor, or other ingredient deleterious or detrimental to the public health.
      (2)   Food.
         (a)   If any substance has been mixed and placed with it so as to reduce or lower or injuriously affect its quality or strength;
         (b)   If any substance has been substituted wholly or in part for the article;
         (c)   If any valuable constituent of the article has been wholly or in part abstracted;
         (d)   If it be mined, colored, powdered, coated or stained in a manner whereby an inferiority is concealed; and/or
         (e)   If it consists in whole or in part of a filthy, decomposed or dead animal or vegetable substance, or any portion of an animal fit for food, whether manufactured or not, or if it is the product of a diseased animal, or one that has died otherwise that by slaughter.
(`90 Code, § 11-20)
   FOOD.  All articles used for food, drinks, confection or condiments by man or other animals, whether simple, mixed or compound. 
(`90 Code, § 11-19)
   MISBRANDED.
      (1)   All articles of food or articles which enter into the composition of goods, the package or label of which shall bear any statement, design or device regarding the article or ingredients or substances contained therein which shall be false or misleading in any particular, and to any food product which is falsely branded as to the state, territory, country or place in which it is manufactured or produced.
      (2)   For the purpose of this article, an article shall be deemed to be MISBRANDED:
         (a)   If an imitation of, or offered for sale under the distinctive name of, another article;
         (b)   If it be labeled or branded so as to deceive or mislead the purchaser, or purport to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in the package, or if it fails to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucane, acetanilide or any derivative or preparation of any of substances contained therein;
         (c)   If in package form and the contents are stated in terms of weight or measure, they are not plainly and correctly stated on the outside of the package; and/or
         (d)   All articles shall be labeled, branded or tagged so as to plainly indicate that they are compounds, imitations or blends and the “compound,” “imitation” or “blend,” as the case may be, is plainly marked on the package for which is os offered for sale; provided that the term “blend,” as used herein, shall be construed to mean a mixture of like substances, not excluding harmless coloring and flavoring ingredients used for the purpose of coloring and flavoring only, not injurious to the public health.  Nothing in this article shall be construed to require or compel proprietors or manufacturers of proprietary foods which contain no unwholesome added ingredients to disclose their trade formulas, except insofar as the provisions of this article may require to secure freedom from adulteration or misbranding.
(`90 Code, § 11-21)
   PERSON.  Imparts both the singular and the plural, the male and the female as the case demands, and shall include corporations, companies, societies and associations.  When construing and enforcing the provisions of this article, the act, omission or failure of any officer, agent or other person acting for or employed by any corporation, company, society or association, within the scope of his or her employment of office, shall in every case be deemed to be the act, omission or failure of the corporation, company, society or association, as well as that of the person. 
(`90 Code, § 11-23)
§ 11-44  SAMPLES.
   Whosoever offers, exposes or has in his or her possession for sale to dealers or consumers in the city, any article of food, shall upon application of the Health Officer or his or her assistant or agent, upon tender of the value thereto, furnish a sample sufficient for the analysis of the article of food.  Whosoever is convicted of a refusal to sell or give the sample as provided herein shall be fined for the offense.
(`90 Code, § 11-22)
§ 11-45  POISONOUS PRESERVATIVES.
   Any meat, fish or other food which shall be treated with or shall contain any of the salts of sulphurous acid or other poisonous preservation or coloring matter are hereby declared to be unwholesome and any person, firm or corporation who shall sell or offer to sell, serve or deliver or cause the same to be done, any meats, fish or any other kind of food in any form therein and containing any of the salts of sulphurous acid or other poisonous preservative or coloring matter, shall be deemed guilty of an offense.
(`90 Code, § 11-24)
§ 11-46  BAKE HOUSES IN CELLARS PROHIBITED.
   No cellar, basement, room or other place shall be occupied as a bake house which is less than one- half its height above the level of the street.
(`90 Code, § 11-25)
§ 11-47  SLEEPING AREAS FOR EMPLOYEES.
   The sleeping place for workers and other employees in bake houses and restaurants shall be separate and distinct from the place used for making bread, pastry and other articles of food and from the places where foods are prepared to be served.
(`90 Code, § 11-26)
§ 11-48  PROHIBITED SALES.
   No butcher, grocer, trader or other person shall sell, expose or offer for sale is any public market, or at any place within the limits of the city, any unsound, diseased, stale, rotten, fermented, nauseous or unwholesome meat, poultry, fish, vegetables, fruits or other articles of food or provisions, or any unwholesome bread, cake or pastry, manufactured is whole or in part from unwholesome flour or meal.
(`90 Code, § 11-27)
§ 11-49  INSPECTION.
   The Health Officer shall have power to inspect all articles of food or drinks wherever located that may be sold or offered for sale, and to analyze samples of the sale upon his or her own motion.  Any person violating any of the requirements or prohibitions of this article shall be guilty of an offense.
(`90 Code, § 11-28)
§ 11-50  DESTRUCTION OF UNWHOLESOME FOOD.
   The Health Officer shall have the authority to destroy any foods, drinks, meats and fish that he or she finds to be unwholesome and unfit for use.
(`90 Code, § 11-29)
§ 11-51  ESTABLISHMENTS FOR SALE OR CONSUMPTION.
   (A)   The Health Officer shall have full power to pass on the sanitary condition of any place where foods, milk, drinks and meats are offered for sale or served to the public.
   (B)   Any person, corporation or firm who shall, after having been duly notified to clean up or place his or her place of business in sanitary condition, refuse to do so, shall be guilty of an offense.
(`90 Code, § 11-30)
ARTICLE 3:  MISCELLANEOUS PROVISIONS
§ 11-65  EXPECTORATION ON STREETS.
   It shall be unlawful for any person to expectorate upon any street or any sidewalk in the city or upon the platform any railroad depot in the city or upon the floors or walls of any railroad depot waiting room, railway restaurant, post office, public library, City Hall or any other building used for public purposes in the city.
(`90 Code, § 11-31)
§ 11-66  THROWING MEDICINE ON STREET.
   It shall be unlawful for any person, company or corporation to throw, leave or deposit or cause to be thrown, left or deposited upon any street, avenue, alley, sidewalk or in any of the parks or other public places or on any private property within the city any medicine of any kind or description whatsoever.
(`90 Code, § 11-32)
ARTICLE 4:  UNIFORM CODE FOR EMERGENCY MEDICAL SERVICES
§ 11-80  DEFINITIONS.
   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AMBULANCE. Any ground, air or water vehicle which is approved by the Oklahoma Commissioner of Health pursuant to the Oklahoma Emergency Response Systems Development Act in accordance with rules and regulations promulgated by the Oklahoma State Department of Health (OSDH), and which is designed and equipped to transport a patient or patients and to provide appropriate on-scene and enroute patient stabilization and emergency medical care as required. Vehicles used as AMBULANCES within the Guthrie EMS District (GEMS), as defined herein, shall meet such standards as may be required by the OSDH for approval, and shall display evidence of such approval at all times.
   AMBULANCE RESPONSE TIME STANDARD. A standard which creates a fixed measurement by which to evaluate and ambulance service’s effectiveness.
   AMBULANCE SERVICE. Any person or organization, governmental or private, which is licensed by the OSDH to provide levels of medical care based on certification standards promulgated by the OSDH, and operates one or more ambulances, as defined in this section, for purposes stated herein.
   AMBULANCE SERVICE PROVIDER. Any licensed public or private ambulance service that agrees to provide emergency and non-emergency medical services and licensed emergency medical personnel to residents of the GEMS District in accordance with the terms and conditions of an emergency ambulance services license or in accordance with a mutual aid agreement, as those terms are defined in this section.
   EMERGENCY CALL. A request for emergency ambulance service by or for a patient.
   EMERGENCY MEDICAL SERVICES (EMS). The following pre-hospital and inter-hospital services:
      (1)   ACCESS AND COORDINATION. The answering and processing of telephone requests from the public for ambulance or first responder services, and including EMS dispatching, emergency and routine; the giving of medical pre-arrival instructions to callers by telephone;
      (2)   EMERGENCY MEDICAL RESPONDER SERVICES. Those emergency services, excluding transportation, which are performed by a Emergency Medical Response Agency (EMRA) certified by OSDH;
      (3)   MEDICAL TRANSPORTATION. Ambulance services, both emergency and routine, including patient assessment, transportation, and medical procedures performed on-scene, enroute, during inter-facility transport, or at an emergency receiving facility when performed at the request of the receiving physician.
   GEMS DIRECTOR. Person holding the position of Fire/EMS Chief for the City of Guthrie, Oklahoma.
   GEMS DISTRICT. The licensed district boundaries currently on file with OSDH for GEMS.
   GUTHRIE INDEPENDENT SCHOOL DISTRICT I-1 EMS DISTRICT. The 522 emergency medical service district, as defined in and having all powers, duties and privileges provided under the Oklahoma Constitution, Art. X, § 9C, that was created by vote of the qualified voters of the Guthrie Public School District on September 21, 1982, is governed by the EMS I-1 Board of Directors, and is established to provide ambulance services to the Guthrie Public School District.
   GUTHRIE EMERGENCY MEDICAL SERVICES (GEMS). Guthrie Fire Department/EMS members who are certified by the OSDH in accordance with the Oklahoma Emergency Response Systems Development Act and in accordance with rules and regulations promulgated by the OSDH; are so designated by the Medical Director, to perform emergency medical services, at the scene of an incident requiring emergency medical services, including transport, under the direction and control of, and pursuant to protocols established by the Medical Director.
   MEDICAL DIRECTOR. The licensed physician appointed by the City of Guthrie, or by contract with the ambulance service provider, to perform the duties and responsibilities granted and ascribed to the Medical Director herein. The Medical Director may be an employee of the city in the absence of an ambulance service agreement, but is otherwise an employee of, or contractor with, the licensed ambulance service provider so designated by the ambulance service agreement.
   MEDICAL PROTOCOL. Any diagnosis-specific or problem-oriented written statement of standard procedure, or algorithm, promulgated by the Medical Director as the medically appropriate standard of pre-hospital care for a given clinical condition.
   MUTUAL AID AGREEMENT. a written agreement between the holder of an emergency ambulance service license issued pursuant to this code, and a neighboring primary provider of emergency medical service approved by the Medical Director as to its quality of care and medical accountability, whereby the signing parties agree to lend emergency aid to one another subject to conditions and terms specified in the agreement.
   PATIENT. An individual who is ill, sick, injured, wounded, or incapacitated, and who is in need of, or is at risk of needing, medical care or assessment during transportation to or from a health care facility.
   PERMIT. Any of the documents required to be obtained from the city pursuant to this code and as recommended by the Medical Director, as given herein.
      (1)   Ambulance service license—Emergency and routine transport. Ambulance services responding to emergency calls within the GEMS District shall be required to obtain an emergency ambulance service license. Ambulance services responding to requests for routine transport service shall be required to obtain a routine transport ambulance service license.
      (2)   Personnel certification required. All emergency medical personnel shall be required to obtain personnel certification, and such certification shall be valid for a period of two years. Personnel may be certified as emergency medical responder, emergency medical technician, emergency medical technician-intermediate, advanced emergency medical technician or paramedic in accordance with certification standards established by the OSDH/National Registry of Emergency Medical Technicians.
      (3)   Ambulance vehicle permit required. Every ambulance vehicle operated by an ambulance service shall, subject to inspection and recommendation by the Medical Director be issued an ambulance vehicle permit by the city.
   PERSON. Any individual, firm, association, partnership, corporation, or other group or combination acting as a unit.
   PRIMARY PROVIDER OF EMERGENCY MEDICAL SERVICES. A public or private ambulance service organization which has been designated by one or more governmental entities to provide emergency ambulance coverage throughout a defined geographic area.
   RESPONSE TIME—AMBULANCE. The actual elapsed time between receipt by the 911 dispatch center(s) of the “essential information” needed to initiate dispatch, and the arrival of a permitted ambulance or mutual aid ambulance (approved by the Medical Director) at the scene of the incident. For purposes of this provision, the “essential information” shall include location, callback number, chief complaint or nature of problem and, if the initial location information was obtained from 911 data base, confirmation that the patient’s location is the same as that of the caller, or the patient’s actual location.
   ROUTINE TRANSPORT/TRANSFER CALL. A request for ambulance service by or for a patient whose apparent condition, at the time the call is received, presumptively meets the criteria for a non-emergency transport/transfer.
   SPECIAL EVENTS AMBULANCE STANDBY SERVICE. The positioning of an ambulance and crew at the location of a publicly or privately-sponsored event.
   SYSTEM STANDARD OF CARE. The written body of standards, policies, and protocols governing all clinical aspects of the EMS system, which is approved by the city. As used in this context, SYSTEM STANDARD OF CARE is a comprehensive term including:
      (1)   INPUT STANDARDS includes but is not limited to personnel certification requirements, in-service training requirements, equipment specifications, on-board inventory requirements, and other requirements which the system must fulfill before receipt of a request for service;
      (2)   PERFORMANCE STANDARDS includes but is not limited to priority dispatching protocols and pre-arrival instructions, medical protocols, standing orders, response time standards, protocols governing authority for on-scene control of patient care, and other performance specifications describing how the system should behave upon receipt of a request for service ice; and
      (3)   OUTCOME STANDARDS includes but is not limited to target survival rates for certain narrowly defined presenting problems or presumptive diagnoses, such as witnessed cardiac arrests involving patients whose medical histories meet defined criteria. OUTCOME STANDARDS are results the system intends to achieve by meeting its input and performance standards.
   ZONE. Geographic area extending 25 miles outward from the legal boundary of the GEMS District.
(Ord. 3286, passed 3-15-16)
§ 11-81  MEDICAL DIRECTOR.
   The Medical Director shall be appointed by the Guthrie City Council; and shall recommend a system standard of care designed to achieve a state-of-the-art quality of emergency medical care within the GEMS District; and shall have those powers and duties granted and ascribed to him in the Medical Director agreement, plus such additional powers and duties as are granted and ascribed to him or her herein.
(Ord. 3286, passed 3-15-16)
§ 11-82  GUTHRIE EMERGENCY MEDICAL SERVICES (GEMS).
   GEMS is hereby authorized and directed as the primary provider of emergency medical services to take such steps as are necessary to ensure the availability of both emergency and routine ambulance services within the GEMS District beginning upon the effective date of this code.
(Ord. 3286, passed 3-15-16)
§ 11-83  MANDATORY CENTRALIZED CALL PROCESSING.
   (A)   All telephone requests for ambulance services, both emergency and routine, originating within the GEMS District shall terminate at an 911 dispatch center(s) designated by the City Manager, where a communications officer shall, determine the patient’s location, and if appropriate, deliver pre-arrival instructions. The center shall also determine the need for emergency medical responder service; determine the ambulance service to which the call shall be allocated; and transfer the required information to that ambulance service, or directly dispatch the call, if that ambulance service has so directed.
   (B)   It shall be unlawful for any ambulance service to publish or advertise a telephone number for the purposes of soliciting requests for emergency ambulance service, except the emergency number (911) of the 911 dispatch c enter(s). It shall also be unlawful for any ambulance service to publish or advertise a telephone number for the purposes of soliciting routine transport calls, except telephone numbers which terminate at a 911 dispatch center(s).
   (C)   If multiple ambulance services are simultaneously licensed hereunder, the allocation of emergency calls among the multiple ambulance services shall be in accordance with primary provider of emergency medical services and then with “nearest unit” dispatch protocols approved by the Medical Director. Routine transport calls shall be allocated to primary provider of emergency medical services and then whose ambulance service is requested by the caller.
   (D)   For any provider receiving centralized dispatch services from the 911 dispatch center(s), the dispatch center(s) shall prepare a quarterly analysis of the 911 dispatch center(s)’ average cost per run dispatched, using generally accepted accounting principles (GAAP), and shall bill to each ambulance service the actual average cost of such dispatches to the ambulance service, and each ambulance service shall make payment to the control centers within 30 days after receipt of the billing, as a condition of maintenance of the ambulance Service’s license in good standing. Failure to pay within 30 days shall result in the immediate suspension of such license, which suspension shall remain in effect until full payment is made.
   (E)   During times of disaster or severe EMS system overload, declared by the GEMS Director or his or her designee, the 911 dispatch center(s) shall at all times have full authority to direct the positioning, movements, and run responses of all ambulance units of all ambulance services until such time as the declaration has been lifted.
(Ord. 3286, passed 3-15-16)
§ 11-84  MANDATORY EMS DATA SYSTEM AND REPORTING STANDARDS.
   (A)   As a condition of maintaining its license in good standing, each ambulance service, and every emergency medical response agency, shall comply with EMS data system and reporting standards as prescribed by the Medical Director; provided, however, that changes in data collection or reporting requirements which may reasonably be expected to require costly modification of existing computer hardware or software shall be approved by GEMS prior to implementation.
   (B)   Failure to comply with data system and reporting requirements, or to keep the 911 dispatch center(s) completely informed concerning the location and status of all ambulance units at all times, or failure to carry out 911 dispatch center(s) directives shall constitute grounds for immediate suspension or revocation of the ambulance service license.
(Ord. 3286, passed 3-15-16)
§ 11-85  INSURANCE REQUIREMENTS.
   (A)   Each ambulance service shall keep in full force and effect a policy or policies of public liability and property damage insurance, issued by a casualty insurance company authorized to do business in the State of Oklahoma, with coverage provisions insuring the public from any loss or damage that may arise to any person or property by reason of the operation of the ambulance service’s ambulance, and providing that amount of recovery shall be in limits of not less than the following sums:
      (1)   For the damages arising out of bodily injury to or death of one person in any one accident, not less than $500,000;
      (2)   For damages arising out of bodily injury to or death of two or more persons in any one  accident, not less than $1,000,000;
      (3)   For any injury to or destruction of property in any one accident, not less than $500,000.
   (B)   Each ambulance service shall keep in full force and effect a general comprehensive liability and professional liability policy or policies issued by a casualty insurance company authorized to do business in the State of Oklahoma, with coverage provisions insuring the public from any loss or damage that may arise to any person or property by reason of the actions of the ambulance service or any of its employees, and providing that the amount of recovery shall be in limits of not less than $3,000,000.
   (C)   Each ambulance service shall furnish, prior to issuance of its license, an original and duplicate certificates of insurance which shall indicate the types of insurance, the amount of insurance and the expiration dates of all policies carried by the ambulance service. Each certificate of insurance shall name this jurisdiction as an additional named insured, and shall contain a statement by the insurer issuing the certificate that the policies of insurance listed thereon will not be cancelled or materially altered by the said insurer absent 30 days’ written notice received by this jurisdiction.
   (D)   Cancellation or material alteration of a required insurance policy or coverage shall automatically revoke the ambulance service’s license, and the ambulance service shall thereupon cease and desist from further ambulance service operations.
(Ord. 3286, passed 3-15-16)
§ 11-86  AMBULANCE SERVICE LICENSE REQUIRED.
   (A)   No person may provide ambulance services in response to a request for emergency ambulance transport originating within the GEMS District without first obtaining an emergency ambulance service license issued pursuant to the provisions of this code, except for those uses exempted in § 11-91(B), below.
   (B)   No person may provide routine transport ambulance services in response to a request for routine transport originating within the GEMS District without first obtaining a routine transport ambulance service license issued pursuant to the provisions of this code, except for those uses exempted in § 11-91(B), below.
   (C)   No person may provide special events ambulance standby service within the GEMS District without first obtaining an emergency ambulance service license issued pursuant to the provisions of this code.
   (D)   No license shall be issued, and no license application shall be processed, unless the applicant has paid a license application processing fee payable to the Quality Assurance Fund in the amount of $500, and no license shall be continued in good standing unless the holder is current in its obligations to pay the medical quality assurance fee for the right to engage in the ambulance business within the GEMS District, as provided for in division (E), immediately below.
   (E)   Every holder of an emergency ambulance service license, routine transport ambulance service license, or specialized mobile intensive care permit, probationary or other, shall, as a condition of maintaining its license or permit in good standing, pay a medical quality assurance fee of $3 per each patient transported by the holder from a location within the GEMS District. Such fee shall be paid to the Quality Assurance Fund of the city, and shall be paid for all transports made during each calendar month within 30 days after the end of the month. Beginning the month of January, 1993, such $3 amount shall be increased annually by the same percentage as the increase, if any, in the Consumer Price Index over the most recent 12-month period for which published statistics are then available.
   (F)   No license or permit shall be assignable or transferable by the person to whom issued except as herein provided.
   (G)   No transfer or assignment of existing licenses or permits shall be effective absent the recommendation of the GEMS Director and approval of the Medical Director.
   (H)   Any transfer of shares of stock or interest of any person or ambulance service so as to cause a change in the directors, officers, shareholders, or managers of such person or ambulance service shall be deemed a transfer or assignment, subject to these provisions.
   (I)   Upon approval by the Medical Director of the applicant’s submission, the city shall issue a probationary emergency ambulance license valid for a period of six months. Such probationary license shall allow applicant to respond, from the effective date of the probationary license, to emergency calls originating with the GEMS District.
   (J)   Each holder of a probationary license shall fully comply with its proforma system status plan, as approved by the Medical Director, from the effective date of its probationary license, unless a change in the plan to correct response time deficiencies is proposed by the holder of the probationary license, and approved by the Medical Director.
   (K)   During the six-month probationary period, the applicant’s response time performance and clinical quality of care shall be carefully evaluated by the Medical Director. If performance is consistently and substantially within the proforma plans, and in compliance with the requirements of this code, such probationary emergency ambulance service license shall become a valid emergency ambulance service license, renewable annually upon continual compliance with this code.
   (L)   After the probationary period, chronic failure to comply with response time standards or clinical quality of care requirements or data and reporting requirements shall be grounds for revocation of the emergency ambulance service.
   (M)   If any ambulance service’s emergency ambulance service license is suspended three times within any three-year period for failure to make required payments under division (E), above, such license shall be automatically revoked, upon the third event.
   (N)   Any holder of a valid emergency ambulance service license issued pursuant to this code shall, upon application to the city, be issued a routine transport ambulance service license to transport non-emergency patients from locations within the GEMS District, and such license shall be valid so long as the emergency ambulance service license remains in effect, and shall automatically expire upon the expiration, suspension, or revocation of the emergency ambulance service license.
(Ord. 3286, passed 3-15-16)
§ 11-87  SPECIALIZED MOBILE INTENSIVE CARE PERMITS.
   Any hospital, or ambulance service licensed hereunder, shall be eligible to apply to the city for a permit to operate a specialized mobile intensive care unit, which unit shall be used solely for inter-hospital transport of patients requiring specialized enroute medical monitoring and advanced life support which exceed the capabilities of the equipment and personnel on board a paramedic ambulance. Such special permits shall be issued for a period of two years. Failure by the holder of such permit to limit the vehicle to inter-hospital transports of the types of patients specified within the permit shall constitute grounds for revocation of the permit.
(Ord. 3286, passed 3-15-16)
§ 11-88  AMBULANCE RESPONSE TIME PERFORMANCE REQUIRED.
   (A)   Every ambulance service provider, as a condition of the emergency ambulance service license, shall employ sufficient certified personnel, acquire sufficient equipment, and manage its resources as necessary to achieve response time standards on all emergency calls and routine transport calls originating within the GEMS District and received by the 911 dispatch center(s).
   (B)   In the event of an onset of such inclement weather or other disaster that the Medical Director or his or her designee, in his or her sole discretion, believes that the threat to a GEMS District patient care presented by complying with response time standards outweighs the threat to such patient care from a delayed response, the Medical Director or his or her designee may declare an emergency, thus suspending these response time requirements until the declaration is lifted. During such periods, all ambulance service providers shall use best efforts to provide maximum safe coverage throughout the GEMS District. Runs made to calls originating during a period in which an emergency has been declared in accordance with this section shall be excluded from response time calculations until the declaration has been lifted. An emergency will be declared only in times of unusual and extremely hazardous driving conditions, such as ice storms, freezing drizzle, extensive flooding, thick fog or similarly dangerous or impassable road conditions.
(Ord. 3286, passed 3-15-16)
§ 11-89  PROHIBITION OF REFUSAL TO TRANSPORT.
   It shall be a violation of this code for any ambulance service to fail to respond to a call or to transport or to render emergency medical patient assessment and treatment, as appropriate, or to otherwise refuse or fail to provide any ambulance services originating within the GEMS District because of the patient’s perceived, demonstrated or stated inability to pay for such services, or because of the location of the patient within the GEMS District or because of the unavailable status or the location of any ambulance unit at the time of the request. Chronic violation of this provision, as determined by the Medical Director, shall be grounds to revoke the emergency ambulance service license.
(Ord. 3286, passed 3-15-16)
§ 11-90  PROCEDURES FOR DENIAL, REVOCATION OR SUSPENSION OF A PERMIT.
   For any proposed denial, suspension or revocation of a permit of either a permitted provider or a certified EMS personnel operating within the GEMS District, the following standards, which shall not be less than those standards contained in the Health Care Quality Improvement Act of 1986, 42 U.S.C. 11112, or less than any standards contained in applicable Oklahoma Statutes or applicable Oklahoma case law, shall apply.
(Ord. 3286, passed 3-15-16)
§ 11-91  VIOLATIONS.
   (A)   It shall be unlawful and an offense for any person to commit any of the following acts:
      (1)   To allow any person to work as an ambulance driver, attendant or dispatcher without a current valid certification issued pursuant to this code;
      (2)   To use, or cause to be used, an ambulance service other than an ambulance service holding a valid license issued pursuant to this code, except for those services described in division (B), below;
      (3)   For any person, firm or organization to respond to emergency calls originating within the GEMS District, other than an ambulance service which is a holder of a valid emergency ambulance service license issued pursuant to this code;
      (4)   For any person, firm or organization to respond to routine transport calls originating within the GEMS District, other than an ambulance service which is a holder of a valid routine transport ambulance service license issued pursuant to this code;
      (5)   To knowingly give false information to induce the dispatch of an ambulance, first responder unit, or helicopter rescue unit.
   (B)   It shall not be a violation of this code, and no emergency or routine transport license shall be required if the vehicle or ambulance is:
      (1)   A privately owned vehicle not used in the business of transporting patients who are sick, injured, wounded, incapacitated or helpless;
      (2)   A vehicle rendering services as an ambulance in the event of a major catastrophe or emergency when ambulances with permits based in the locality of the catastrophe or emergency are incapacitated or insufficient in number to render the services needed;
      (3)   An ambulance owned or operated by, or under contract with, the federal or state government;
      (4)   An ambulance transporting a patient to a location within the GEMS District, which transport originated from a point outside the GEMS District;
      (5)   An ambulance responding to a call pursuant to a mutual aid agreement with the holder of a valid emergency ambulance service license issued pursuant to this code;
      (6)   A vehicle engaged in a routine transport call to transport a patient from a hospital, nursing home, or free-standing dialysis center located within the GEMS District to any unincorporated area;
      (7)   A vehicle engaged in a routine transport call to transport a patient from a hospital, nursing home, or free-standing dialysis center located within the GEMS District to any point outside the zone;
      (8)   A vehicle engaged in the interstate transport of a patient.
(Ord. 3286, passed 3-15-16)
§ 11-92  PENALTIES.
   (A)   Any person convicted of violating any of the provisions of this code shall be punished for a Class B offense as set forth in § 12-34.
   (B)   Each day that any violation of the provisions of this code is committed or permitted to continue shall constitute a separate offense.
(Ord. 3286, passed 3-15-16)
ARTICLE 5:  911 EMERGENCY SYSTEM
§ 11-95  TIE-INS PROHIBITED.
   (A)   It is unlawful for any person to program a burglar alarm automatic dialing device to any telephone line which, when activated, dials the digits 911.
   (B)   Alarm users will be given a phone number to be programed into their system which goes directly to the police service communication center.  It is unlawful for an alarm user to fail to disconnect or reprogram an automatic tape dialing device which is programed to dial the digits 911.
(`90 Code, § 11-40)  (Ord. 2860, passed 2-21-90)
ARTICLE 6:  TOBACCO AND ELECTRONIC CIGARETTES
§ 11-101  DEFINITIONS.
   For the purposes of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ELECTRONIC SMOKING DEVICE. An electronic and/or battery-operated device, the use of which may resemble smoking that can be used to deliver an inhaled dose of nicotine or other substances. ELECTRONIC SMOKING DEVICE includes any such device, whether manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.
   INDOOR WORKPLACE.  Any indoor place of employment or employment-type service for or at the request of another individual or individuals, or any public or private entity, whether part-time or full-time and whether for compensation or not. Such services shall include, without limitation, any service performed by an owner, employee, independent contractor, agent, partner, proprietor, manager, officer, director, apprentice, trainee, associate, servant or volunteer. An INDOOR WORKPLACE includes work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, any other spaces used or visited by employees, and all space between a floor and ceiling that is predominantly or totally enclosed by walls or windows, regardless of doors, doorways, open or closed windows, stairways, or the like. The provisions of this section shall apply to such INDOOR WORKPLACE at any given time, whether or not work is being performed.
   OUTDOOR AREA. Any covered area, partially covered area or area open to the sky that is on a property owned by the city.
   PUBLIC PLACE.  Any enclosed indoor area where individuals other than employees are invited or permitted. The term is synonymous with the phrase any indoor place used by or open to the public.
   RECREATIONAL AREA. Any area that is owned, controlled or used by the city and open to the general public for recreational purposes, regardless of any fee or age requirement.  The term RECREATIONAL AREA includes but is not limited to parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, riding trails, swimming pools, roller- and ice-skating rinks, beaches surrounding lakes and skateboard parks.
   RESTAURANT.  Any eating establishment regardless of seating capacity.
   SMOKING.  The carrying by a person of a lighted cigar, cigarette, pipe or other lighted smoking device.
   STAND-ALONE BAR, STAND-ALONE TAVERN, AND CIGAR BAR.  An establishment that derives more than 60% of its gross receipts, subject to verification by competent authority, from the sale of alcoholic beverages and low-point beer and no person under 21 years of age is admitted, except for members of a musical band employed or hired as provided in 37 O.S. § 537B. and that is not located within, and does not share any common entryway or common indoor area with, any other enclosed indoor workplace, including a restaurant.
   TOBACCO PRODUCT. Any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body. TOBACCO PRODUCT does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.
(Ord. 3252, passed 6-3-14)
§ 11-102  PROHIBITION OF TOBACCO PRODUCTS AND ELECTRONIC SMOKING DEVICES IN CERTAIN PLACES PROHIBITED.
   (A)   The possession of lighted tobacco in any form is a public nuisance and dangerous to public health and is hereby prohibited when such possession is in any indoor place used by or open to the public, public transportation, or any indoor workplace, except where specifically allowed by law.
   (B)   All buildings and other properties, including indoor and outdoor areas, owned or operated by the city, shall be entirely tobacco free to include all forms of tobacco products and electronic smoking devices.
   (C)   All indoor and outdoor recreational areas owned or operated by the city shall be entirely tobacco free to include all forms of tobacco products and electronic smoking devices.
   (D)   Public airport hangar areas.
(Ord. 3252, passed 6-3-14)
§ 11-103  EXEMPTIONS.
   The restrictions provided in § 11-102 shall not apply to the following:
   (A)   Stand-alone bars, stand-alone taverns and cigar bars;
   (B)   The room or rooms where licensed charitable bingo games are being operated, but only during the hours of operation of such games;
   (C)   Up to 25% of the guest rooms at a hotel or other lodging establishment;
   (D)   Retail tobacco stores predominantly engaged in the sale of tobacco products and accessories and in which the sale of other products is merely incidental and in which no food or beverage is sold or served for consumption on the premises;
   (E)   Workplaces where only the owner or operator of the workplace, or the immediate family of the owner or operator, performs any work in the workplace, and the workplace has only incidental public access. INCIDENTAL PUBLIC ACCESS means that a place of business has only an occasional person, who is not an employee, present at the business to transact business or make a delivery. It does not include businesses that depend on walk-in customers for any part of their business;
   (F)   Workplaces occupied exclusively by one or more smokers, if the workplace has only incidental public access;
   (G)   Private offices occupied exclusively by one or more smokers;
   (H)   Private residences and workplaces within private residences, except that smoking shall not be allowed inside any private residence that is used as a licensed child care facility during hours of operation;
   (I)   Medical research or treatment centers, if smoking is integral to the research or treatment;
   (J)   A facility operated by a post or organization of past or present members of the Armed Forces of the United States which is exempt from taxation pursuant to §§ 501(c)(8), 501(c)(10) or 501(c)(19) of the Internal Revenue Code, 26 U.S.C., §§ 501(c)(8), 501(c)(10) or 501(c)(19), when such facility is utilized exclusively by its members and their families and for the conduct of post or organization nonprofit operations except during an event or activity which is open to the public;
   (K)   Any outdoor seating area of a restaurant; provided, smoking shall not be allowed within 15 feet of any exterior public doorway or any air intake of a restaurant;
   (L)   Public sidewalks and streets, but smoking is not allowed within 15 feet of exterior door or intake of a public place;
   (M)   On board a personal water craft of personal truck or automobile; and
   (N)   Airport hangar lease private space under existing lease, but not leases entered into after effective date of this section.
(Ord. 3252, passed 6-3-14)
§ 11-104  DESIGNATED SMOKING ROOMS AND AREAS.
   (A)   An employer not otherwise restricted from doing so under this article may elect to provide smoking rooms where no work is performed except for cleaning and maintenance during the time the room is not in use for smoking, provided each smoking room is fully enclosed and exhausted directly to the outside in such a manner that no smoke can drift or circulate into a nonsmoking area. No exhaust from a smoking room shall be located within 15 feet of any entrance, exit or air intake.
   (B)   If smoking is to be permitted in any space exempted in § 11-103 of this article or in a smoking room pursuant to division (A) of this section, such smoking space must either occupy the entire enclosed indoor space or, if it shares the enclosed space with any nonsmoking areas, the smoking space shall be fully enclosed, exhausted directly to the outside with no air from the smoking space circulated to any nonsmoking area, and under negative air pressure so that no smoke can drift or circulate into a nonsmoking area when a door to an adjacent nonsmoking area is opened. Air from a smoking room shall not be exhausted within 15 feet of any entrance, exit or air intake. Any employer may choose a more restrictive smoking policy, including being totally smoke free.
   (C)   A nursing facility licensed pursuant to the Nursing Home Care Act may designate smoking rooms for residents and their guests. Such rooms shall be fully enclosed, directly exhausted to the outside, and shall be under negative air pressure so that no smoke can escape when a door is opened and no air is recirculated to nonsmoking areas of the building.
   (D)   Restaurants shall be totally nonsmoking or may provide nonsmoking areas and designated smoking rooms. Food and beverage may be served in such designated smoking rooms which shall be in a location which is fully enclosed, directly exhausted to the outside, under negative air pressure so smoke cannot escape when a door is opened, and no air is recirculated to nonsmoking areas of the building. No exhaust from such room shall be located within 25 feet of any entrance, exit or air intake. Such room shall be subject to verification for compliance with the provisions of this division (D) by the State Department of Health.
(Ord. 3252, passed 6-3-14)
§ 11-105  POSTING.
   (A)   The person who owns or operates a place where smoking or tobacco use is prohibited by law shall be responsible for posting a sign or decal, at least four inches by two inches in size, at each entrance to the building indicating that the place is smoke-free or tobacco-free.
   (B)   Responsibility for posting signs or decals shall be as follows:
      (1)   In privately owned facilities, the owner or lessee, if a lessee is in possession of the facilities, shall be responsible;
      (2)   In corporately owned facilities, the manager and/or supervisor of the facility involved shall be responsible; and
      (3)   In publicly owned facilities, the manager and/or supervisor of the facility shall be responsible.
(Ord. 3252, passed 6-3-14)
§ 11-106  PENALTY.
   (A)   Any person who violates any provision of Articles 1 and 2, is guilty of an offense, and upon conviction thereof, shall be punished as provided in this code of ordinances.  In addition thereto, the person may be enjoined froze continuing the violations.  Each day upon which a violation continues constitutes a separate violation. (`90 Code, §  11-33)  (Ord. 2823, passed - -)
   (B)   Any person, firm, corporation or partnership who violates any provision of this chapter shall be guilty of an offense, and upon conviction, shall be fined in any amount not more than $100, including costs.  Each day upon which a violation continues shall be deemed a separate offense.  (`90 Code, § 11-41)  (Ord. 2800, passed 2-2-90)
   (C)   Any violation of any provision contained in Article 6 is an offense against the city and upon conviction of any such offense the violator shall be punished by fine of up to $200 plus court costs.
(Ord. 3252, passed 6-3-14)
Cross-reference:
   Arraignment; pleading, see § 12-24