City of Maud, Oklahoma

PART 13

PUBLIC SAFETY

CHAPTER 1

FIRE PREVENTION CODE

SECTION 13-101 ADOPTION OF FIRE PREVENTION CODE.

There is hereby adopted by the city council for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Fire Prevention Code, recommended by the National Fire Protection Association, being particularly the current edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended. Not less than one copy of the code has been filed in the office of the clerk of the city and the same are hereby adopted and incorporated as fully as if set out at length herein. The provisions of the Fire Prevention Code shall be controlling within the limits of the city.

SECTION 13-102 ENFORCEMENT.

The code hereby adopted shall be enforced by the chief of the fire department.

SECTION 13-103 DEFINITION.

Wherever the word "municipality" is used in the Fire Prevention Code hereby adopted, it shall be held to mean the city.

SECTION 13-104 LIMITS FOR STORAGE OF FLAMMABLE LIQUIDS, BULK STORAGE OF LIQUEFIED PETROLEUM GASES, EXPLOSIVES AND BLASTING AGENTS.

The limits referred to in the Fire Prevention Code, in which storage of flammable liquids in outside above-ground tanks is prohibited, shall be the city limits. The limits referred to in which bulk storage of liquefied petroleum gas is restricted, and the limits in which storage of explosives and blasting agents is prohibited, are hereby established as the city limits. This section shall not effect installations in existence at the time this section was initially adopted.

SECTION 13-105 MODIFICATIONS.

The chief of the fire department shall have power to modify any of the provisions of the code hereby adopted in his own discretion or upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the letter of the code, provided that the spirit of the code shall be observed, public safety secured and substantial justice done. The particulars of such modifications when granted or allowed and the decision of the chief of the fire department thereon shall be entered upon the records of the department and for applications requesting change, a signed copy shall be furnished the applicant.

SECTION 13-106 OUTSIDE BURNING; PERMITS REQUIRED

1. It is unlawful to burn any fire outside of any enclosed building in the city for the purpose of burning grass, trash, leaves, weeds, papers, refuse, garbage or any other substance except in an approved incinerator and except as may be allowed through the issuance of a permit as provided in this section.

2. Definitions:
   1. Open burning means the burning of any materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. For the purpose of this definition, a chamber shall be regarded as enclosed, when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gases are open.
   2. Combustible material means any substance which will readily burn.
   3. Domestic refuse means any refuse produced during normal daily household operations.
   4. The term Fire Pit will be used to describe an appurtenance constructed specifically to enclose and/or contain an open fire. These devices will be constructed of steel, masonry, or earthen berms.
   5. Grill is an appliance constructed for the purpose of food preparation, using wood, charcoal, propane or natural gas as a fuel source.
3. Allowable open burning.
   Open burning will be allowed for the following purposes:
   1. Recreational fires. Campfires, bonfires, ceremonial occasions, or non-commercial preparation of food, with the following provisions:
   2. All bonfires require a permit and shall not be more than five feet by five feet by five feet in dimension and shall burn for less than three hours. A bonfire shall consist of dry seasoned wood. No gasoline or other liquid hydrocarbon fuels shall be used for ignition.
   3. Fires used for food preparation purposes, fueled by wood, charcoal or gas, and confined within a metal or masonry appliance designed for such use are allowed without a permit provided:
   1. The fires are supervised.
   2. The size of the fire does not present a fire spread danger; and
   3. The fires are being used expressly for the preparation of food. Food preparation fires are not permitted directly on the ground unless contained in a fire pit.
   4. Barbecuing on combustible decks or balconies is not allowed unless non-combustible surfaces are in place to prevent embers or ashes from contacting combustible materials. Noncombustible surfaces are to be above, below, and adjacent to the site, as appropriate.
   4. Land management fires set by an approved state or local agency specifically for management of forests or range land.
   5. Land clearing operations set for the specific reason of clearing land for construction.
      1. All land clearing operations will be conducted in an approved open pit, with induced air, when conducted within 150 to 300 feet upwind of any occupied structure.
      2. No land clearing operations burning shall be permitted within less than 150 feet of any occupied structure.
      3. If operlations are proposed within 300 feet of any occupied structure, all adjoining occupied property owners must consent in writing prior to the issuance of a burn permit.
      4. Land clearing operations with distances of 500 feet or more from any occupied structure may be conducted above ground when approved by the Fire Department.
   6. Prevention or control of disease or pests as approved by the state, county, or local health department.
   7. Fire for the purpose of training fire department personnel
   8. Elimination of fire hazards that cannot be abated by any other means.
   9. Debris and construction/demolition materials; provided only untreated/unpainted wood products may be burned.

4. Prohibited Open Burning

   Open burning is prohibited for the following:

   1. Burning of domestic refuse.
   2. Burning of debris, construction/demolition material, or material other than untreated / unpainted wood and vegetation.

5. General Conditions and requirements.
   1. No public nuisance is or will be created.
   2. The burning is controlled so that a traffic hazard is not created as a result of the air contaminants being emitted.
   3. Any open burning shall be constantly attended until the fire is extinguished. At least one portable fire extinguisher or other approved on-site fire extinguishing equipment, such as dirt, sand, water barrel, garden hose, or water truck shall be available for immediate utilization.
   4. Distances from any electric or over head utilities shall be a minimum of 150 feet.
   5. The fire department shall order the extinguishment of any open burning that creates or adds to a hazardous or objectionable situation. Permit holders are required to extinguish the fire upon order of the fire department. Failure of a permit holder to extinguish a fire will result in the fire department extinguishing the fire.
   6. The wind speed must be less than ten miles per hour, and relative humidity greater than 40% as indicated by the National Weather Service or City Officials.
6. Permits
   1. Open Burn permits will be issued by the City Clerk, with approval of the Fire Chief or his designated representative.
   2. Open Burn permits will only be issued to the owner of the property, an agent of the owner of the property, or a tenant of the property.
   3. Open Burn permits will be valid for a 72 hour period to be specified on the permit.
   4. The fee for the permit will be $5.00.
   5. No permits will be issued for periods of high fire danger, burn bans, or red flag fire days, as determined by the National Weather Service and/or the Oklahoma State Department of Forestry.
   6. Permits will be available for inspection by Fire Department and/or Law Enforcement personnel anytime burning is taking place.
   7. The Fire Department shall retain the right to revoke any burn permit at any time due to weather conditions, excessive and justifiable complaints, non compliance with this ordinance, and any time it is deemed in the best interest of the city. Permit fees will be refunded in cases where the revocation is based on conditions outside the control of the property owner or their agent.
7. Liability for damages.
   Any person or persons who conduct open burning in accordance with the permit issued in the above provisions are not exempt or excused from the consequences, damages, or injuries that may result from such conduct, nor are they exempt or excused from complying with all applicable laws,ordinances, rules and orders.
8. Penalty.
   The penalties for violation of this section shall be as follows:
   1. 1st Offense $150.00 plus court costs
   2. 2nd Offense $250.00 plus court costs
   3. 3rd and subsequent offense $500.00 plus court costs.

Ord 2016-1 April 18, 2016

SECTION 13-107 APPEALS.

Whenever the chief of the fire department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief of the fire department to the city council within thirty (30) days from the date of the decision appealed.

SECTION 13-108 PENALTY.

Any person, firm or corporation who violates any provision of this chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section 1-108 of this code.

CHAPTER 2

FIRE DEPARTMENT AND SERVICE

SECTION 13-201 FIRE DEPARTMENT.

1. There shall be a fire department, the head of which shall be the chief of the fire department.
2. The term 'volunteer firefighter' means one who is enrolled as a member of the fire department of the city and who serves in that capacity without receiving a regular salary. The size of the volunteer fire department of the city shall be composed of not less than eight(8) or more than twenty-five (25) members.
   Ordinance 2019-04 September 16, 2019
3. It is the duty of the fire department, among others, to extinguish fires; to rescue persons endangered by fire; to resuscitate, and to administer first aid to, persons injured in or about burning structures, or elsewhere in case of an emergency; To promote fire prevention; and unless otherwise provided, to enforce all ordinances relating to fires, fire prevention, and safety of persons from fire in public and private buildings.

State Law Reference; Volunteer fire departments, provisions and requirements, 11 O.S. Sections 29-201 et seq.

SECTION 13-202 DUTIES OF THE FIRE CHIEF.

1. The chief shall be the head of the department, subject to the laws of the State of Oklahoma, ordinances of the municipality, and the rules and regulations adopted pursuant to this chapter. The chief shall be appointed in the manner provided by law applicable to this municipality for the appointment of municipal officers. The fire chief will be a resident of the established fire district served by the fire department.
   Ordinance 2019-04 September 16, 2019
2. The chief shall be responsible for the general condition and efficient operation of the department, the training of members, and the performance of all other duties imposed upon him by law or the municipality.
3. The chief may inspect or cause to be inspected by members of the department, the fire hydrants, cistern and other sources of water supply at least twice each year.
4. The chief shall maintain a library or file of publications on fire prevention and fire protection and shall make use of it to the best advantage of all members;
5. The chief shall make every effort to attend all fires and direct the officers and members in the performance of their duties;
6. The chief shall see that the citizens are kept informed on fire hazards in the community and on the activities of the department;
7. The chief shall see that each fire is carefully investigated to determine its cause, and in the case of suspicion of incendiarism, shall notify proper authorities. The Chief shall secure and preserve all possible evidence for future use in the case of suspected incendiarism.
   Ordinance 2019-04 September 16, 2019
8. The chief shall file the appropriate activity report forms with the Office of the State Fire Marshal in Oklahoma City on an annual basis. The activity report forms shall be designed by the State Fire Marshal and shall include, but not be limited to, the amount of property and vehicle fire loss, types of fires, inspections and investigations. The report shall include notification of all fire-related civilian deaths and injuries in the respective jurisdiction and of fire fighter deaths in the line of duty and of fire fighter injuries in the line of duty requiring the services of a hospital or physician or both.
9. The chief is authorized to enter any building or premise in the city at any reasonable hour for the purpose of making inspections and to serve written notice on persons for any violations that may be found; and
10. The chief shall see that complete records are kept of all fires, inspections, apparatus and equipment, personnel and other information of the department and shall make reports to the city council as it may require. The chief shall keep the city council informed regarding the fire department and its needs.

State Law Reference; Duties of fire chief generally, 11 O.S. Section 29-102; Minimum Rules and Regulations of Volunteer Fire Departments, 11 O.S. Section 29-204; Investigations of fires, report to state fire marshal, 74 O.S. Section 314.

SECTION 13-203 DUTIES OF THE ASSISTANT CHIEF.

In the absence of the chief, the assistant chief on duty shall command the department and shall have the full powers and responsibilities of the chief. The assistant chief shall be elected from among the members of the fire department. The qualifications of the assistant chief shall be the same as for the chief.

Ordinance 2019-04 September 16, 2019

SECTION 13-204 COMPANY OFFICERS.

Company officers shall be selected by the chief based upon the following criteria;

1. Knowledge of firefighting;
2. Leadership ability; and
3. Knowledge of firefighting equipment.

SECTION 13-205 THE SECRETARY / TREASURER.

One member elected by the members of the fire department shall be a secretary- treasurer. His duties shall consist of the following;

1. Calling the roll at the opening of each meeting;
2. Keeping the minutes of each meeting; and
3. Collecting any money due the department by the members.

SECTION 13-206 NEW MEMBERS.

New members of the department shall be appointed by the chief and shall be on probation for one year after their appointment. Upon completion of their probation period, new members must be approved by the majority of the other members of the fire department and the mayor and city council.

SECTION 13-207 BYLAWS.

The bylaws of the department shall include the following;

1. All volunteer fire fighters are required to respond to alarms of fire and other emergencies when notified;
2. A volunteer fire fighter is required to be present at all regular meetings, called meetings and schools presented for the benefit of the firefighters;
3. There shall be at least one regular business meeting each month;
4. Any volunteer fire fighter having two (2) unexcused absences in succession or three (3) unexcused absences in a period of three (3) months will be expelled from the fire department rolls;
5. Volunteer fire fighters leaving the city for an extended period of time will be required to notify the chief;
6. Any volunteer fire fighter refusing to attend training classes provided for him will be expelled from the rolls; and
7. Any member of the fire department shall be expelled from the rolls for the following offenses: .
   1. Conduct unbecoming a firefighter;
   2. Any act of insubordination;
   3. Neglect of duty;
   4. Any violation of rules and regulations governing the fire department;
   5. Conviction of a felony; or
   6. By majority vote of the members of the company and approval of the city council.

SECTION 13-208 RULES AND REGULATIONS.

The city council by motion or resolution may adopt and change regulations relating to the fire department, its organization, operation and compensation.

SECTION 13-209 USE OF FIRE EQUIPMENT; INVENTORY AND REPAIR.

No person shall use any fire apparatus or equipment for any private purpose, nor shall any person willfully and without proper authority take away or conceal any article used in any way by the department. No person shall enter any place where fire apparatus is housed or handle any apparatus or equipment belonging to the department unless accompanied by, or having the special permission of, an officer or authorized member of the department.

SECTION 13-210 CONTRACTS AUTHORIZED OUTSIDE CITY LIMITS.

The city is hereby authorized and empowered to enter into contracts or agreements with individuals, firms, private corporations or associations, or political subdivisions of the state for fire protection outside the corporate limits of the city, and to contract to provide fire protection jointly with other organizations and municipal subdivisions of the state.
State Law Reference; Fire calls outside limits, 11 O.S. Section 29-108.

SECTION 13-211 CONTRACT TERMS, FEES FOR SERVICE.

Any contract entered into by the city with an individual owner, firm, private corporation, or association, for outside aid, or mutual aid for fire protection, shall provide for the payment by the owner, firm, private corporation, or association, or political subdivision to the city for such fire apparatus and personnel at the rate per call as set by the city council. All moneys received from the calls shall go into the general fund.

SECTION 13-212 FIRE PROTECTION DISTRICT

The fire department of the city is authorized and directed to answer all calls within the limits of their assigned fire district as set by resolution of the County Commissioners of Pottwatomie and Seminole Counties.
Ordinance 2019-04 September 16, 2019

SECTION 13-213 MUTUAL AID AGREEMENTS AND COMPACTS

The City of Maud is deemed to be a party to the Oklahoma Intrastate Mutual Aid Compact, and as such, the Fire Department is authorized to respond to any mutual aid request under the Intrastate Mutual Aid Compact. All response to mutual aid requests will be at the discretion of the fire chief.
Ordinance 2019-04 September 16, 2019

SECTION 13-214 FIREFIGHTERS SERVING IN REGULAR LINE OF DUTY.

All volunteer firefighters of the fire department of the city attending and serving at fires or doing fire prevention work outside the corporate limits of the city, as herein provided, shall be considered as serving in their regular line of duty as fully as if they were serving within the corporate limits of the city. The firefighters shall be entitled to all the benefits of any firemen's pension and relief fund in the same manner as if the firefighting or fire prevention work was being done within the corporate limits of the city. Compensation of firefighters shall be as provided by the city council by ordinance or resolution.

SECTION 13-215 DEPARTMENT CONSIDERED AGENT OF STATE.

The fire department of the city answering any fire alarm, or calls or performing any fire prevention services outside the corporate limits of the city shall be considered as an agent of the state, and acting solely and alone in a governmental capacity, and the municipality shall not be liable in damages for any act of commission, omission, or negligence while answering or returning from any fire, or reported fire, or doing any fire prevention work under and by virtue of Sections 13-210 to 13-214 of this code.

CHAPTER 3

ARTICLE A

POLICE DEPARTMENT

SECTION 13-301 POLICE DEPARTMENT CREATED; CHIEF.

There shall be a police department, the head of which is the chief of police, or police chief, appointed by the mayor and city council and removable by the mayor and council. The chief of police is an officer of the city, and has supervision and control of the police department. All police officers are officers of the city.
State Law Reference; Police department and duties, 11 O.S. Sections 34-101 et seq.

SECTION 13-302 DUTIES.

1. A municipal police officer shall at all times have the power to make or order an arrest for any offense against the laws of this state or the ordinances of the municipality. The officer shall have such other powers, duties and functions as may be prescribed by law or ordinance.
2. In addition to regular full-time municipal police officers, reserve municipal police officers may also be appointed by the chief of police. Reserve municipal police officers shall have the powers, duties and functions as set forth in law or ordinance for regular full-time municipal police officers, including serving as police officers in another municipality requesting assistance pursuant to 11 O.S., Section 34-103. A reserve municipal police officer shall serve on a part-time basis and shall perform duties only while on authorized duty. Noncompensated reserve municipal police officers may serve as dispatchers or confinement officers at municipal jails. Part-time reserve officers shall serve not more than one hundred forty (140) hours per calendar month. Such reserve municipal police officers must meet the minimum requirements of Section 3311 of Title 70 of the Oklahoma Statutes.
   Ordinance 2019-04 September 16, 2019

SECTION 13-303 POLICE OFFICERS, CARRYING WEAPONS OFF DUTY, RESTRICTIONS.

1. Police officers shall be appointed subject to approval of the city council, and shall perform such duties as shall be required of them by the chief of police, city ordinances, federal, state and county regulations and any other actions required in the maintenance of good order and public peace.
2. A duly appointed peace officer of the city who is certified by the State Council on Law Enforcement Education and Training, (C.L.E.E.T.) pursuant to state law, is hereby authorized to carry a weapon, certified and approved by the chief of police of the city, or his duly authorized agent, during periods when he is not on active duty. When an off-duty officer carries a certified weapon, the officer shall be in law enforcement uniform prescribed by the employing agency, or when not wearing the prescribed law enforcement uniform shall be required to have his official peace officer\92s badge, commission card, and C.L.E.E.T. certification card on his person at all times when carrying a weapon certified and approved by the employing agency, and to keep the authorized weapon concealed from view at all times except when the weapon is used within the guidelines, rules, and regulations established by the employing agency.
3. A reserve peace officer who has satisfactorily completed a basic police course of not less than one hundred twenty (120) hours of accredited instruction for reserve police officers and reserve deputies from the Council on Law Enforcement Education and Training or a course of study approved by CLEET may carry an approved weapon when such officer is off duty as provided by subsection D of this section, provided:
   1. The officer has been granted written authorization signed by the Chief of Police; and
   2. The Police Department shall maintain a current list of any officers authorized to carry an approved weapon while the officers are off duty, and shall provide a copy of such list to the Council on Law Enforcement Education and Training. Any change to the list shall be made in writing and mailed to the Council on Law Enforcement Education and Training within five (5) days.
4. When an off-duty reserve peace officer carries an approved weapon, the officer shall be wearing the law enforcement uniform prescribed by the employing agency or when not wearing the prescribed law enforcement uniform, the officer shall be required:
   1. To have his or her official peace officer's badge, Commission Card, CLEET Certification Card and written authorization on his or her person at all times when carrying a weapon approved by the Chief of Police; and
   2. To keep the approved weapon on his or her person at all times, except when the weapon is used within the guidelines established by the Chief of Police.
      Ordinance 2019-04 September 16, 2019
5. Nothing in this section shall be construed to limit or restrict any peace officer or reserve peace officer from carrying a handgun, concealed or unconcealed, as allowed by the Oklahoma Self-Defense Act after issuance of a valid license. An off-duty, full-time peace officer or reserve peace officer shall be deemed to have elected to carry a handgun under the authority of the Oklahoma Self-Defense Act when the officer:
   1. Has been issued a valid handgun license and is carrying a handgun not authorized by the Chief of Police; or
   2. Is carrying a handgun in a manner or in a place not specifically authorized for off-duty carry by the Chief of Police.
6. Nothing in this section shall be interpreted to authorize a peace officer in actual physical possession of a weapon to consume beer or alcoholic beverages, except in the authorized line of duty as an undercover officer. Any officer in violation of this section shall be deemed guilty of a violation of this section as though he were a private person.
   Ordinance 2015-04, October 19, 2015

SECTION 13-304 JAIL

The police department shall be responsible for the operation of the city jail. If the city is unable to operate a jail for any reason, the Chief of Police shall, with approval of the City Council, enter into agreements with nearby jail facilities for the confinement of prisoners.

CHAPTER 4

EMERGENCY MANAGEMENT

SECTION 13-401 PURPOSE.

The Department of Emergency Management is created for the city to carry out preparations for and to function in the event of emergencies endangering the lives and property of the people of the city. The duties of the Department of Emergency Management are the protection of the lives and health of the citizens and of property and property rights, both private and public, and performance of all functions necessary and incident thereto.
State Law References Local civil defense organizations, 63 O.S. Section 683.11.

SECTION 13-402 DEPARTMENT ESTABLISHED.

There is hereby established under the executive branch of the government a department of Emergency Management which shall consist of;

1. A director of emergency management who shall be appointed by the mayor; and may be removed with or without cause by the mayor; and may be the chief of police; and
2. An emergency management advisory committee. This committee shall consist of the Director of Emergency Management as chairman and the following members:
   1. The Mayor or a designated member of the City Council.
   2. The Chief of Police or his designated representative.
   3. The Fire Chief or his designated representative.
   4. The Public Works Superintendent or his designated representative.
   5. Other members appointed by the mayor and serving at his pleasure.

The committee shall select from its members a vice-chairman and secretary. It shall hold such meetings as as are directed by the Mayor or Director of Emergency Management and its function shall be to act in an advisory capacity as needed or requested by the Mayor or the Director of Emergency Management.
Ordinance 2014-06, December 15, 2014

SECTION 13-403 DUTIES OF DIRECTOR.

The director of emergency management shall be the executive head of the department of emergency management and shall be responsible for carrying out the emergency management program of the city. He shall serve without compensation but may be reimbursed for expenses incurred in the performance of his duties. It shall be the duty of the director of emergency management as soon as practicable after his appointment to perfect an organization to carry out the purposes set forth in this chapter and he shall have all necessary power and authority to form committees or other bodies and to appoint and designate the chairman or chief officer of such bodies as may be necessary to perfect such an organization. He shall have further duty and responsibility to cooperate with all emergency management agencies of other governmental units, including the state and the federal government. The director of emergency management is further authorized to formulate written plans and gather information and keep written record thereof to govern the functions of the emergency management organization.

SECTION 13-404 POWERS OF DIRECTOR IN EMERGENCIES.

1. In the event of any emergency or disaster as defined in O.S. 63, Section 683.3, the director of emergency management, after due authorization from the mayor shall have the power and authority to enforce all rules and regulations relating to emergency management and, if necessary, take control of transportation, communications, stocks of fuel, food, clothing, medicine, and public utilities for the purpose of protecting the civilian population. He shall cooperate in every way with the activities of other governmental agencies emergency management. If required by the mayor, the director shall have control over any and all funds allocated from any source for the purpose of alleviating distress conditions in the city.
2. The director of emergency management and other members of the department of emergency management created by him shall have the power and authority to enforce the laws of the state and ordinances of the city during the period of emergency and shall at such time have the further power to make arrests for violations of such laws or ordinances.

SECTION 13-405 OFFICERS, RULES, ANNUAL REPORT

The advisory board created in section 13-402 (2) shall at its annual meeting each year elect from its membership a vice chairman and secretary for terms of one year each. The vice chairman and secretary shall be officers and members of the board in addition to the chairman. The board shall adopt such rules, bylaws and administrative procedures as necessary for the orderly transaction of its business. A copy of such rules, bylaws and administrative procedures shall be filed with the city clerk, and shall govern, among other things, the time, place and frequency of meetings, and any matter not inconsistent with any provision of this chapter. The board shall file with the city clerk its written annual report to the city council covering its actions and affairs not later than May 1st of each calendar year.

SECTION 13-406 DUTIES AND RESPONSIBILITIES OF BOARD

The advisory board shall establish a program of emergency management designed to function in the event of any emergency endangering the lives or property of the citizens of the city. The board shall make recommendations to the city council concerning establishment, improvement, operation, equipment, construction and development of emergency management facilities, programs and services as necessary for the carrying out of the emergency management program. All recommendations made by the board shall be written and shall be advisory to the city council.

SECTION 13-407 NIMS: ICS.

The National Incident Management System (NIMS) shall be the standard for incident management for the City of Maud. All on-scene management of disasters and emergencies shall be conducted utilizing the Incident Command System (ICS).
State law reference: 63 O.S. Section 683.2

Section 13-408 LOCAL POINT OF CONTACT.

The Director of Emergency Management shall be the city's Local Point of Contact (LPOC) for the National Incident Management System.

SECTION 13-409 COMPENSATION OF MEMBERS.

All members of the department of emergency management created in this chapter shall serve without compensation. The city shall not be liable for any personal or bodily injury received by any member of such organization while acting in the line of duty.

CHAPTER 5

UNCLAIMED PROPERTY

SECTION 13-501 COMPLETE RECORD REQUIRED.

All personal property which comes into the possession of any police officer, which has been found or stolen or taken off the person or out of the possession of any prisoner or person suspected of, or charged with, being a criminal, and which is not known to belong to some person laying claim thereto, shall be, by the officer securing possession thereof, delivered into the charge of the chief of police. The chief shall, in a permanent record book kept for that purpose, make a record sufficient to identify the property, with the date and circumstances of the receipt thereof, the name of the person from whom it was taken and the place where it was found; and the record shall also disclose the subsequent disposal thereof, giving the date of sale, name and address of the purchaser, and the amount for which it was sold.
State Law References Disposition of seasonal property by police chief, procedures, application to destroy, 11 O.S. Section 34-104; Uniform Unclaimed Property Disposition Act, 60 O.S. Section 655; relating to finders of lost goods, 15 O.S. Sections 511 et seq.; disposal of stolen or embezzled property coming into hands of police officers, 22 O.S. Sections 1321 et seq.; disposal of liquor and gambling equipment seized by police officers, 22 O.S. Sections 1261 et seq.; alcoholic beverages seized in violation of law, 37 O.S. Section 539.

SECTION 13-502 DISPOSITION OF UNCLAIMED PROPERTY.

Any unclaimed personal property, other than animals, which remains in the possession of the chief of police, unclaimed, or the ownership of which is not to him satisfactorily established, for a period of more than thirty (30) days, shall be sold, or disposed of in the manner required by law, except such personal property as in the opinion of the mayor can be more advantageously used by some department or office of the city government.

SECTION 13-503 PROPERTY FOUND BY A PRIVATE PERSON.

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

SECTION 13-504 RECOVERY BY OWNER.

If any property is sold as herein provided, and the owner thereof takes and recovers possession of same from the purchaser, the amount paid therefore shall be returned to the purchaser, upon verified claim being submitted and approved by the city council.

CHAPTER 6

FLOOD DAMAGE PREVENTION

ARTICLE 1

STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS

SECTION 13-611 STATUTORY AUTHORIZATION

The Legislature of the State of Oklahoma has in the Oklahoma Floodplain Management Act, Sections 1601 through 1620.1 of Title 82 of the Oklahoma Statutes, delegated the responsibility to local governmental units to adopt ordinances designed to minimize flood losses. Therefore, the City of Maud, Oklahoma, does hereby ordain that these Flood Damage Prevention Ordinances as set forth herein, including Sections 13-611 through 13-671, and any lawfully enacted amendments thereto, be hereby enacted and effective on April 15, 2021.

SECTION 13-612 FINDINGS OF FACT

1. The flood hazard areas of the City of Maud are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare.
2. These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazards areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage.

SECTION 13-613 STATEMENT OF PURPOSE

It is the purpose of these Flood Damage Prevention Ordinances to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

1. Protect human life and health;
2. Minimize expenditure of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;
6. Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and
7. Insure that potential buyers are notified that property is in a flood area.

SECTION 13-614 METHODS OF REDUCING FLOOD LOSSES

In order to accomplish its purposes, these Flood Damage Prevention Ordinances use the following methods:

1. Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;
2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
3. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters;
4. Control filling, grading, dredging and other development which may increase flood damage; and
5. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

ARTICLE 2

DEFINITIONS

SECTION 13-621 DEFINITIONS

Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application.

• ACCESSORY STRUCTURE - Structures which are on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure but are not limited to garages and storage sheds.
• ALLUVIAL FAN FLOODING - means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths.
• APEX - means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
• AREA OF FUTURE CONDITIONS FLOOD HAZARD - means the land area that would be inundated by the 1-percent-annual chance (100 year) flood based on future conditions hydrology.
• AREA OF SHALLOW FLOODING - means a designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
• AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FBHM). After detailed rate making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-20, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V.
• BASE FLOOD - means the flood having a 1 percent chance of being equaled or exceeded in any given year.
• BASE FLOOD ELEVATION - The elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for zones A, AE, AH, A1-30, and AR that indicates the water surface elevation resulting from the flood that has a 1% chance of equaling or exceeding in any given year: also called the base flood.
• BASEMENT - means any area of the building having its floor sub-grade (below ground level) on all sides.
• BREAKAWAY WALL - means a wall that is not part of the structural support of the building and is intended through it design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation.
• CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.
• DEVELOPMENT - means any man-made changes to improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
• ELEVATED BUILDING - means, for insurance purposes, a non-basement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
• EXISTING CONSTRUCTION - means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as 'existing structures.'
• EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
• EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
• FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from:
  1. The overflow of inland or tidal waters, or
  2. The unusual and rapid accumulation or runoff of surface waters from any source.
• FLOOD DAMAGE PREVENTION ORDINANCES - means Section 13-611 through 13-671 and any lawfully enacted amendments or revisions thereto.
• FLOOD ELEVATION STUDY - means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and / or flood-related erosion hazards.
• FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
• FLOOD INSURANCE RATE STUDY (FIS) - see Flood Elevation Study
• FLOODPLAIN OR FLOOD PRONE AREA - means any land area susceptible to being inundated by water from any source (see definition of flooding).
• FLOODPLAIN MANAGEMENT - means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.
• FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances, building codes, health regulations, special purpose regulations and ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinances) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
• FLOOD PROTECTION SYSTEM - means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.
• FLOOD PROOFING - means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
• FLOODWAY - see Regulatory Floodway
• FUNCTIONALLY DEPENDENT USE - means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
• HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
• HISTORIC STRUCTURE means any structure that is:
  1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
  2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
  3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
  4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
     1. By an approved state program as determined by the Secretary of the Interior, or
     2. Directly by the Secretary of the Interior in states without approved programs.
• LEVEE - means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.
• LEVEE SYSTEM - means a flood protection system which consists of a levee or levees and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
• LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations.
• MANUFACTURED HOME - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term 'manufactured home' does not include a 'recreational vehicle'.
• MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
• MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
• NEW CONSTRUCTION - means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
• NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
• RECREATIONAL VEHICLE - means a vehicle which is:
  1. Built on a single chassis;
  2. 400 square feet or less when measured at the largest horizontal projections;
  3. Designed to be self-propelled or permanently towable by a light duty truck; and
  4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
• REGULATORY FLOODWAY - means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
• RIVERINE - means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
• SPECIAL FLOOD HAZARD AREA - see Area of Special Flood Hazard.
• START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Public Law 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
• STRUCTURE - means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
• SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
• SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This includes structures that have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:
  1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions, or
  2. Any alteration of a "historic structure" provided that the alteration would not preclude the structure\92s continued designation as a "historic structure.""
• VARIANCE - is a grant of relief by a community from the terms of a floodplain regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.)
• VIOLATION - means the failure of a structure or other development to be fully compliant with the community\92s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), or (d)(3) is presumed to be in violation until such time as that documentation is provided.
• WATER SURFACE ELEVATION - means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains.

ARTICLE 3

GENERAL PROVISIONS

SECTION 13-631 LANDS TO WHICH THIS ORDINANCE APPLIES

These flood damage prevention ordinance shall apply to all areas of special flood hazard within the jurisdiction of the City of Maud, Oklahoma.

SECTION 13-632 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD

The areas of special flood hazard identified by a scientific and engineering report entitled, "The Flood Insurance Study for Pottawatomie County, Oklahoma and Incorporated Areas" dated May 16, 2019 with accompanying Flood Insurance Rate Map(FIRM) are hereby adopted by reference and declared to be a part of these Flood Damage Prevention Ordinances.

Additionally, the areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, The Flood Insurance Study for Seminole County, Oklahoma and Incorporated Areas" dated April 7, 2021 with accompanying Flood Insurance Rate Map(FIRM) are hereby adopted by reference and declared to be a part of these Flood Damage Prevention Ordinances.

SECTION 13-633 ESTABLISHMENT OF DEVELOPMENT PERMIT

A Development Permit shall be required to ensure conformance with the provisions of this floodplain management ordinance.

SECTION 13-634 COMPLIANCE

No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations.

SECTION 13-635 ABROGATION AND GREATER RESTRICTIONS

These Flood Damage Prevention ordinances are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and any other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

SECTION 13-636 INTERPRETATION

In the interpretation and application of these Flood Damage Prevention Ordinances, all provisions shall be:

1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under State statutes.

SECTION 13-637 WARNING AND DISCLAIMER OR LIABILITY

The degree of flood protection required by these Flood Damage Prevention Ordinances are considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. These Flood Damage Prevention Ordinances do not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. These Flood Damage Prevention Ordinances shall not create liability on the part of the City of Maud or any official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.

ARTICLE 4

ADMINISTRATION

SECTION 13-641 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR

The City Clerk or Emergency Management Director is hereby appointed the Floodplain Administrator to administer and implement the provisions of these Flood Damage Prevention Ordinances and other appropriate sections of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program Regulations) pertaining to floodplain management.

SECTION 13-642 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR

Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:

1. Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance.
2. Review permit applications to determine whether to ensure that the proposed building sites, including the placement of manufactured homes, will be reasonably safe from flooding.
3. Review, approve or deny all applications for Development Permits required by adoption of these Flood Damage Prevention Ordinances.
4. Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State, or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required.
5. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation.
6. Notify, in riverine situations, adjacent communities and the Oklahoma Water Resources Board prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.
7. Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.
8. When base flood elevation data has not been provided in accordance with Article 3, Section 13-632, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of Article 5.
9. When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zone AE as delineated on the community\92s FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.
10. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than 1 foot, provided that the community first completes all of the provisions required by Section 65.12.
11. Become accredited by the OWRB in accordance with Title 82 O.S. Section 1601-1620, as amended.
12. After a disaster or other type of damage occurrence to structures in the City of Maud, determine if the residential and non-residential structures and manufactured homes have been substantially damaged, and enforce the substantial improvement requirement.
13. Maintain a record of all actions involving an appeal from a decision of the City Council.

SECTION 13-643 PERMIT PROCEDURES

1. An Application for a Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required:
   1. Elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and substantially improved structures; and
   2. Elevation in relation to mean seal level to which any nonresidential structure shall be floodproofed;
   3. A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Article 5, Section 13-652(2);
   4. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.
   5. Maintain a record of all such information in accordance with Article 4, Section 13-642(1).
2. Approval or denial of a Development Permit by the Floodplain Administrator shall be based on all of the provisions of this ordinance and the following relevant factors:
   1. The danger to life and property due to flooding or erosion damage;
   2. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
   3. The danger that materials may be swept onto other lands to the injury of others;
   4. The compatibility of the proposed use with existing and anticipated development;
   5. The safety of access to the property in times of flood for ordinary and emergency vehicles;
   6. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems;
   7. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;
   8. The necessity to the facility of a waterfront location, where applicable;
   9. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and

SECTION 13-644 VARIANCE PROCEDURES

1. The Appeal Board, as established by the community, shall hear and render judgment on requests for variances from the requirements of these Flood Damage Prevention Ordinances.
2. The Appeal Board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of these Flood Damage Prevention Ordinances.
3. Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competent jurisdiction.
4. The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request.
5. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this ordinance.
6. Variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section 13-643(2) of this Article have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
7. Upon consideration of the factors noted above and the intent of these Flood Damage Prevention Ordinances, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of these Flood Damage Prevention Ordinances (Article 1, Section 13-613).
8. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
9. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure\92s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
10. Prerequisites for granting variances:
    1. Variances shall only be issued on a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
    2. Variances shall only be issued upon:
       1. A showing of good and sufficient cause;
       2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
       3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws, regulations or ordinances; and
    3. Any application to which a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
11. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:
    1. the criteria outlined in Article 4, Section 13-644(1)-(9) are met, and
    2. the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

ARTICLE 5

PROVISIONS FOR FLOOD HAZARD REDUCTION

SECTION 13-651 GENERAL STANDARDS

In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements:

1. All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
2. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;
3. All new construction or substantial improvements shall be constructed with materials resistant to flood damage;
4. All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
5. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and,
7. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

SECTION 13-652 SPECIFIC STANDARDS

In all areas of special flood hazards where base flood elevation data has been provided as set forth in (I) Article 3, Section 13-632, (ii) Article 4, Section 13-642(8), or (iii) Article 5, Section 13-653(3), the following provisions are required:

1. Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated at least one (1) foot above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection is satisfied.
2. Nonresidential Construction - new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall have the lowest floor (including basement) elevated at least one (1) foot above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect, shall develop and /or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator.
3. Enclosures - new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
   1. A minimum of two openings on separate walls having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;
   2. The bottom of all openings shall be no higher than one foot above grade; and
   3. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
4. Manufactured Homes:
   1. Require that all manufactured homes to be placed within Zones A on a community's FHBM or FIRM shall be installed using methods and practices that minimize flood damage and have the bottom of the I-beam elevated at least one (1) foot above the base flood elevation. For the purposes of this requirement, manufactured homes must be elevated and anchored to a permanent foundation to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.
   2. Require that manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation, such that the bottom of the I-beam of the manufactured home is elevated at least one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. The home shall be installed by a licensed installer according to Oklahoma state law and compliance herewith shall be certified in writing to the Floodplain Administrator by said installer prior to habitation of the manufactured home.
   3. Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones A1-30, AH, and AE on the community's FIRM that are not subject to the provisions of paragarph (4) of this section be elevated on a permanent foundation such that the bottom of the I-beam of the manufactured home is elevated at least one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement
5. Recreational Vehicles - Require that recreational vehicles placed on sites within Zones A, A1-30, AH and AE on the community's FIRM either:
   1. Be on the site for fewer than 180 consecutive days,
   2. Be fully licensed and ready for highway use, or
   3. Meet the permit requirements of Article 4, Section 13-643, and the elevation and anchoring requirements for "manufactured homes" in paragraph (4) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.
6. Accessory Structure - Accessory structures to be placed on sites within Zones A and AE on the community\92s FIRM shall comply with the following:
   1. The structure shall be used only for parking and limited storage;
   2. The structure shall not be used for human habitation. Prohibited activities or uses include but are not limited to working, sleeping, living, cooking, or restroom use:
   3. The structure shall be unfinished on the interior;
   4. Structures shall be small in size, not to exceed 600 square feet in size.
   5. Structures exceeding 600 square feet in size will be required to meet all applicable standards of Article 3, section 13-633, Article 4, Section 13-644, Article 5, sections 13-651 and 13-652, including relevant subsections.
   6. Service facilities such as electrical and heating equipment must be elevated to or above the BFE plus one (1) foot Freeboard;
   7. The structure shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;
   8. The structure shall be considered low in value, designed to have low flood damage potential and constructed with flood resistance materials;
   9. The structure shall be firmly anchored to prevent flotation, collapse, and lateral movement;
   10. Floodway requirements must be met in the construction of the structure;
   11. Openings to relieve hydrostatic pressure during a flood shall be provided below the BFE; and be placed on opposing walls with the net area of not less than 1 square inch for every square foot of the size of the footprint of the structure (Flood Vents);
   12. The Openings(Flood Vents) shall be located no higher than 1 foot above grade;
   13. The openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

SECTION 13-653 STANDARDS FOR SUBDIVISION PROPOSALS

1. All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Article 1, Sections 13-612, 13-613, and 13-614 of these Flood Damage Prevention Ordinances.
2. All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Floodplain Development Permit requirements of Article 3, Section 13-633; Article 4, Section 13-643; and the provisions of Article 5 of these Flood Damage Prevention Ordinances.
3. Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is grater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section 13-632 or Article 4, Section 13-642(8) of these Flood Damage Prevention Ordinances.
4. All subdivisions including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
5. All subdivisions including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

SECTION 13-654 STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES)

Located within the areas of special flood hazard established in Article 3, Section 13-632, are areas designated as shallow flooding. These areas have special flood hazards associated with flood depths of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:

1. All new construction and substantial improvements of residential structures have the lowest floor(including basement) elevated at or above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 2 feet if no depth number is specified), or
2. All new construction and substantial improvements of non-residential structures;
   1. have the lowest floor(including basement) elevated at or above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 2 feet if no depth number is specified), or
   2. together with attendant utility and sanitary facilities be designed so that below the base specified flood depth in an AO Zone, or below the Base Flood Elevation in an AH Zone, level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.
3. A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Article 4, Section 13-643 are satisfied.
4. Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures.

SECTION 13-655 FLOODWAYS

Floodways located within areas of special flood hazard established in Article 3, Section 13-632, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:

1. Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the City of Maud during the occurrence of the base flood discharge.
2. If Article 5, Section D.1 above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5.
3. Under the provisions of 44 CFR, Chapter 1, Section 65.12, of the National Flood Insurance Program Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first completes all of the provisions required by Section 65.12.

SECTION 13-655 SEVERABILITY

If any section, clause, sentence, or phrase of these Flood Damage Prevention Ordinances are held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of these Flood Damage Prevention Ordinances.

ARTICLE 6

CITY OF MAUD FLOODPLAIN MANAGEMENT FEE SCHEDULE

SECTION 13-661 FEE SCHEDULE

The City of Maud City Council establishes the following fee schedule not to exceed $500.00 for any one service:

1. Notice of Intent Fee- $25.00 maximum
2. Floodplain Development Permit Application Review-$100.00
3. Floodplain Development Permit Fee-$ 25.00
4. Inspection Fee-per inspection-$25.00.
5. Variance Request Filing Fee-$25.00.

ARTICLE 7

PENALTIES FOR NONCOMPLIANCE

SECTION 13-671 PENALTIES FOR NONCOMPLIANCE

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00 for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City of Maud from taking such other lawful action as is necessary to prevent or remedy any violation.

Ordinance 2021-02 3/15/2021