A. For purposes of this section:
ACCESS: Shall include, but not be limited to: 1) any physical access to the communication computer hardware, server hardware, antenna array, repeaters, or wiring, and 2) any electronic access to or monitoring of city owned or operated frequencies or software, and 3) any attempt through any means to modify the communications software, and 4) any programming or use of radio equipment or scanners in such a way as to emulate city equipment. Access shall not include the use of the telephone handsets and keypads as simple communication devices between/to persons using other handsets; access shall not include the use of city owned emergency personnel radios as simple communication devices with the city's dispatch or with other emergency personnel radios.
ATTEMPT TO ACCESS: Shall include, but not be limited to: 1) any attempt to physically access city communication equipment, and 2) any attempt to electronically access city owned or operated frequencies or software, and 3) any attempt to persuade city employees to release programming information without authorization.
B. It is unlawful for any person, agency, firm, group or entity to access or attempt to access any component of the communication system owned or operated by the city of Okmulgee, for any reason without prior written authorization. Provided that in times of emergency, the city manager, may grant access for a limited time to the city owned or operated communication system by verbal order. If the city manager is absent or unavailable during such an emergency, then the police chief, fire chief, or emergency management director may give such limited access by verbal order.
C. It is unlawful to direct any radio or other electronic signal at any city owned building, antenna array, repeater, or comparable device in such a way: 1) as to block the city's ability to use such item as a part of its communications with its own public safety personnel or with public safety personnel who are working with the city or for any other governmental or tribal agency, or 2) as to use up a portion of the bandwidth assigned to the city of Okmulgee or its trusts, so that the bandwidth is less available to the city's public safety personnel.
D. Each day of interference or each day of unauthorized access shall be considered a separate offense. Each physical address at which such interference or unauthorized access occurs shall be considered a separate offense.
E. Any person convicted of any violation of this section shall be punished not less than the highest minimum and more than the highest maximum penalty allowed by this code. (Ord. 1958, 2010)