Chapter 62 EMERGENCY SERVICES* * Cross References: Fire prevention and protection, ch. 70; law enforcement, ch. 90. Secs. 62-1--62-25. Reserved. Article I. In General Article II. Ambulances Sec. 62-26. Definitions. Sec. 62-27. Statement of intent. Sec. 62-28. Cooperation with county. Secs. 62-29--62-40. Reserved. Sec. 62-41. Required. Sec. 62-42. Type of service provided. Sec. 62-43. Application. Sec. 62-44. Application fee. Sec. 62-45. Finding prerequisite to issuance. Sec. 62-46. Determination by council. Sec. 62-47. Issuance or denial. Sec. 62-48. Rights conferred. Sec. 62-49. Service. Sec. 62-50. Compliance with applicable laws, regulations. Sec. 62-51. Liability insurance requirements. Sec. 62-52. Renewal. Sec. 62-53. Transfer, termination and surrender. Sec. 62-54. Limitations. Sec. 62-55. Waiver. Secs. 62-56--62-65. Reserved. Sec. 62-66. Applicability. Sec. 62-67. Permitted acts. Sec. 62-68. Speed limit. Sec. 62-69. Ticketing for traffic violations. Secs. 62-70--62-90. Reserved. Division 1. Generally Division 2. Franchise Division 3. Traffic Rules Article III. Burglar and Holdup Alarm Systems Sec. 62-91. Definitions. Sec. 62-92. Purpose. Sec. 62-93. Inspection. Sec. 62-94. Testing equipment. Sec. 62-95. Notice of disruption of service. Sec. 62-96. Direct connections to police department. Sec. 62-97. False alarms. Sec. 62-98. Flashing lights required for certain buildings. Sec. 62-99. Direct connection to TECOM. Division 1. Generally
Secs. 62-100--62-110. Reserved. Sec. 62-111. Interconnection to primary trunk line. Sec. 62-112. Intermediary service. Sec. 62-113. Standards. Secs. 62-1--62-25. Reserved. Division 2. Automatic Dialing Devices ARTICLE I. IN GENERAL ARTICLE II. AMBULANCES* * Cross References: Businesses, ch. 30; ambulance service license and franchise fee, 30-54; health and sanitation, ch. 78; ambulance operators to notify police department of emergency calls, 142-7. State Law References: Regulation of emergency medical services, K.S.A. 65-6101 et seq.; licensing and regulation by municipalities permitted, K.S.A. 65-6131, 65-6145. Sec. 62-26. Definitions. DIVISION 1. GENERALLY The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Ambulance means a vehicle for hire, including helicopters and airplanes, equipped or used for the transportation of wounded, injured, sick, invalid or deceased persons. The term "ambulance" shall not include vehicles used for the purpose of transporting deceased persons for funeral or burial purposes. Applicant means any person who shall have filed a written application for a franchise under this article as provided in division 2 hereof. City-county ambulance advisory council means the advisory panel composed of all members of the city council and all members of the board of county commissioners established by the city and county for the purpose of promoting city-county cooperation in providing ambulance services to the residents of the city and county. Franchise means the nonexclusive authorization granted under this article to use the streets and alleys of the city to operate an ambulance service within the corporate limits of the city, as now existing or hereafter altered.
Grantee means any person to whom a franchise is granted by the council under this article. Rules and regulations promulgated by the secretary means duly adopted regulations of the state department of health and environment, as amended. Secretary means the secretary of the state department of health and environment. Surrender means the voluntary relinquishment of the rights and duties conferred by an awarded and accepted franchise for the unexpired term of such franchise by action of the grantee pursuant to the conditions stated in the franchise agreement. Termination means the involuntary withdrawal of the rights and duties conferred by an awarded and accepted franchise for the unexpired term of such franchise by action of the council pursuant to the authority reserved in the franchise agreement. Type I, II and III means that class of ambulance services and ambulances as required by K.A.R. 28-40- 65 and K.A.R. 28-40-66. (Code 1981, 6-2) Cross References: Definitions generally, 1-2. Sec. 62-27. Statement of intent. The council recognizes that the citizens of Topeka are entitled to responsible emergency medical care. Therefore, it is hereby declared that the council intends to grant franchise contracts for the operation of ambulance services in the city and to cooperate with the board of county commissioners to provide a unified system of ambulance services, subject to state statutes and rules and regulations promulgated pursuant thereto, which license ambulance services within the state. (Code 1981, 6-1) Sec. 62-28. Cooperation with county. The council shall with respect to all actions pursuant to this article give due consideration to the ambulance service resolutions of the board of county commissioners and to any contract awarded and accepted thereunder. A recommendation may be requested from the city-county ambulance advisory council when any question regarding cooperation between the city and the county exists or is foreseen. (Code 1981, 6-5) Secs. 62-29--62-40. Reserved. Sec. 62-41. Required. DIVISION 2. FRANCHISE No person except those awarded a franchise pursuant to this division shall use the streets or other public ways of the city to operate an ambulance service which regularly offers and provides such transportation to
residents of the city. (Code 1981, 6-3) State Law References: Permits to operate an ambulance service, K.S.A. 65-6127. Sec. 62-42. Type of service provided. Any ambulance service franchised by the city shall provide type I service, as defined by rules and regulations promulgated by the secretary. All equipment, personnel and services offered and provided by the grantee shall conform to such regulations. (Code 1981, 6-4) Sec. 62-43. Application. (a) Any person who has applied for or intends to apply for a contract to operate an ambulance service in the county may apply for a franchise to operate an ambulance service by filing with the city clerk a copy of the application and all supporting documents filed or to be filed with the board of county commissioners pursuant to such application for contract. The board of commissioners may in its discretion request additional information. (b) Any person other than those meeting the criteria in subsection (a) may apply for a franchise to operate an ambulance service by filing such a request with the city clerk, together with such supporting documents as the council shall deem appropriate. (Code 1981, 6-21) Sec. 62-44. Application fee. An application for a franchise for the operation of an ambulance service under this division shall be accompanied by a nonrefundable fee in the amount prescribed by section 30-54, which shall be deposited with the city clerk. (Code 1981, 6-22) Sec. 62-45. Finding prerequisite to issuance. No person shall engage in the operation of any ambulance service nor shall any franchise be granted or issued to operate an ambulance service pursuant to this division until the council shall first find that public convenience will be promoted and public necessity requires such ambulance service under the terms and provisions of this chapter. (Code 1981, 6-20) Sec. 62-46. Determination by council. Within 45 days after the filing of an application for a franchise, the council shall determine whether the public convenience would be promoted and the public necessity would require such ambulance service. The council may make such determination based solely upon the application and supporting documents and any other information provided by the applicant or may, after notice, hold public hearings at a regularly scheduled or specially scheduled meeting of the council. In no event shall more than 45 days elapse from the filing of an application and the final decision of the council, unless the applicant consents to an extension of time for the
final decision. (Code 1981, 6-23) Sec. 62-47. Issuance or denial. If the council shall find that the public convenience and necessity will be promoted by the applicant for a franchise under this division, a franchise shall be awarded by ordinance and may be accepted in writing by the grantee. If the council finds that the public convenience and necessity will not be promoted, such franchise shall be denied. (Code 1981, 6-24) Sec. 62-48. Rights conferred. An accepted franchise confers on each grantee for the term thereof, not to exceed 20 years from the effective date of such award (or until terminated or surrendered prior to expiration of such term) the nonexclusive right to provide ambulance service in the city in accordance with this article and to use the city streets and alleys for operation of such ambulance service. The franchise does not confer rights other than as provided by this article and the franchise granted. (Code 1981, 6-25) Sec. 62-49. Service. The grantee shall at all times during the term of its franchise, except when such grant is terminated or surrendered, provide ambulance service to all residents of the city without discrimination. (Code 1981, 6-30) Sec. 62-50. Compliance with applicable laws, regulations. The grantee under this division shall comply with all applicable city, state, county and federal laws and regulations. (Code 1981, 6-31) Sec. 62-51. Liability insurance requirements. (a) During the term of the franchise grant and during such time as the grantee is providing service pursuant to such grant, there shall be on file with the city clerk an insurance policy, approved as to form and endorsed by the city attorney, providing liability coverage for each and every ambulance owned, operated or leased by the grantee. (b) Minimum coverage of the insurance policy required by this section shall be in the amounts of $300,000.00 for any one person killed or injured in any one accident or occurrence and $500,000.00 for more than one person injured or killed in any one accident or occurrence, with passenger or patient hazard included in the policy. Such policy shall also provide a minimum coverage of $100,000.00 for all damages arising out of injury to or destruction of property. (Code 1981, 6-32)
Sec. 62-52. Renewal. At any time within 90 days prior to the expiration of a franchise awarded pursuant to this division and at any time after such expiration, termination or surrender of a franchise awarded pursuant to this division, the grantee may apply for an award of a franchise for an additional term, not to exceed 20 years, subject to all the provisions of this division as then in force which are applicable generally to the application for such a franchise. (Code 1981, 6-33) Sec. 62-53. Transfer, termination and surrender. The franchise granted under this division may be subject to transfer, termination and surrender, and the terms of such transfer, termination and surrender shall be provided in the franchise agreement. (Code 1981, 6-34) Sec. 62-54. Limitations. Any franchise granted under this division shall be nonexclusive and shall be for a maximum term of 20 years. (Code 1981, 6-35) Sec. 62-55. Waiver. Waiver of a breach of the franchise or this article is not a waiver of any other similar or different breach. Neither the granting of a franchise nor any provision in this article shall constitute a waiver or bar to the exercise of any governmental right or power of the city, including without limitation the right to grant additional franchises under this article. (Code 1981, 6-36) Secs. 62-56--62-65. Reserved. DIVISION 3. TRAFFIC RULES* * Cross References: Traffic and vehicles, ch. 142. Sec. 62-66. Applicability. The exceptions granted to the driver of an ambulance under this division shall apply only when such driver is making use of red flashing lights visible from the front of such ambulance and a siren or whistle capable of emitting sound audible under normal conditions from a distance of not less than 500 feet. This section shall not relieve the driver of an ambulance from the duty to drive with due regard for the safety of all persons, nor shall this section protect the driver from the consequences of his ordinary negligence or reckless disregard for the safety of others. (Code 1981, 6-41) State Law References: Similar provisions, K.S.A. 8-1506.
Sec. 62-67. Permitted acts. (a) The driver of an ambulance shall observe all traffic laws and regulations, including posted speed limits of the city. However, a driver may, when responding to an emergency call or transporting an emergency patient, but not upon returning from an emergency call: (1) Park or stand irrespective of ordinances and police regulations of the city. (2) Proceed past a red or stop signal or stop sign, but only after slowing to the speed of 15 miles per hour and using utmost caution to avoid endangering life and limb. (3) Disregard regulations governing direction of movement or turning in specified directions. (b) Upon the entrance of an ambulance to the driveway of any hospital in the city, the siren of such ambulance shall no longer be sounded by the driver of such ambulance, in consideration to the comfort and repose of other patients in the hospital. (Code 1981, 6-40) State Law References: Similar provisions, K.S.A. 8-1506. Sec. 62-68. Speed limit. An ambulance on an emergency or nonemergency call shall not exceed the posted speed limit, unless specific approval of each such excess speed is given by the police department. Upon approval, an emergency run may be made at not more than 15 miles per hour over the posted speed limit. (Code 1981, 6-42) Sec. 62-69. Ticketing for traffic violations. Any police officer of the city shall be authorized to ticket any ambulance driver when he sees an ambulance driver operating his ambulance in violation of the traffic laws and regulations of the city, and such action of the ambulance driver is not excepted by this division; provided, however, if the ambulance is on an emergency run, the police officer shall wait until after the run has been completed before ticketing an ambulance driver for a violation of the traffic laws and regulations. (Code 1981, 6-43) Secs. 62-70--62-90. Reserved. ARTICLE III. BURGLAR AND HOLDUP ALARM SYSTEMS* * Cross References: Businesses, ch. 30; law enforcement, ch. 90. DIVISION 1.
GENERALLY Sec. 62-91. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alarm system means an assembly of equipment and devices, or a single device such as a solid state unit which plugs directly into a 110-volt AC line, arranged to signal the presence of a hazard requiring urgent attention and to which police are expected to respond. The term "alarm system" shall include the terms "burglar alarm systems," and "holdup alarm systems." Fire alarm systems and alarm systems which monitor temperature, humidity or any other condition not directly related to the detection of an unauthorized intrusion into a premises or an attempted robbery at a premises are specifically excluded from the provisions of this article. Alarm user means any person on whose premises an alarm system is maintained within the city, except for alarm systems on motor vehicles or proprietary systems. If however, an alarm system on a motor vehicle is connected with an alarm system at a premises (other than a proprietary system), the person using such system is an alarm user. Also excluded from this definition and from the coverage of this article are persons who use alarm systems to alert or signal persons within the premises in which the alarm system is located, of an attempted unauthorized intrusion or holdup attempt. If such a system, however, employs an audible signal emitting sounds or a flashing light or beacon designed to signal persons outside the premises, such system shall be within the definition of alarm system and shall be subject to this article. Answering service means a telephone answering service providing among its services the service of receiving on a continuous basis, through trained employees, emergency signals from alarm systems, and thereafter immediately relaying the message by live voice to the communication center of the police department. Automatic dialing device means any alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal indicating the existence of the emergency situation that the alarm system is designed to detect. Bank protection act refers to United States Public Law 90-389 (Bank Protection Act of 1968), or amendments thereto. Burglar alarm system refers to an alarm system signaling an entry or attempted entry into the premises protected by the system. Central station means any facility, central station, modified central station or answering service operated by any person engaged in the occupation of selling, renting, leasing, installing, maintaining, operating or repairing an alarm system, which facility is manned at all times by operators employed to receive, record and validate alarm signals transmitted to such facility and to relay information about such signals to the police department by a direct telephone line. Direct connection means an alarm system which has the capability of transmitting system signals to and receiving them at an agency maintained by the city; for example, a police communication center.
Direct line means a telephone line leading from a central station to the communication center of the police department that is for use only to report emergency signals on a person-to-person basis. False alarm means an alarm signal eliciting a response by the police where an emergency situation does not in fact exist, but does not include an alarm caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm business operator or alarm user. Holdup alarm system refers to an alarm system signaling a robbery or an attempted robbery. Interconnect means to connect an alarm system to a voice grade telephone line, either directly or through a mechanical device that utilizes a standard telephone, for the purpose of using the telephone line to transmit an emergency message upon the activation of the alarm system. Local alarm system means a signaling system which when activated causes an audible or visual signaling device to be activated in or on the premises within which the system is installed. Modified central station means an office to which remote alarm and supervisory signaling devices are connected, where operators supervise the circuits. Such modified central stations are not listed by Underwriters' Laboratories. Person means any person, firm, partnership, association, corporation, company or organization of any kind. It does not, however, include a governmental agency. Police or police department means the publicly supported police department of the city, or any authorized agent thereof. Police chief means the chief of police of the city, or a designated representative. Primary trunk line means a telephone line leading directly into the communication center of the police department that is for the purpose of handling emergency calls on a person-to-person basis, and which is identified as such as a specific number included among the emergency numbers listed in the telephone directory issued by the telephone company and covering the service area within the police department jurisdiction. Proprietary system means an alarm system sounding or recording alarm and supervisory signals to a control center located within the protected premises, the control center being under the supervision of the proprietor of the premises. If a proprietary system includes a signal line connected directly or by means of any automatic dialing device to a police communication center, a central station, modified central station or answering service, it thereby becomes an alarm system. Remote signaling system means an alarm signaling system which when activated by an alarm device transmits a signal from an alarm signaling device to a central location, other than the police department, where appropriate action is taken to investigate and respond to the signal. Shall is always mandatory not merely directory.
Signal line means the transmission line through which the signal passes from one of the elements of the signal transmission to another. Special trunk line means a telephone line leading into the communication center of the police department and having the primary purpose of handling emergency signals or messages originating either directly or through a central location from automatic dialing devices. Telephone company means the utility that furnishes telephone services to the city. (Code 1981, 34-141) Cross References: Definitions generally, 1-2. Sec. 62-92. Purpose. The purpose of this article is to provide minimum standards and regulations applicable to burglar and holdup alarm systems, and alarm users. (Code 1981, 34-140) Sec. 62-93. Inspection. For the purpose of enforcing the provisions of this article, the police chief shall have the authority, at reasonable times and upon reasonable oral notice, to enter into the premises in the city in or upon which alarm systems or alarm businesses subject to this article are located to inspect the installation or operation of such alarm systems or alarm businesses on official police business. (Code 1981, 34-147) Sec. 62-94. Testing equipment. No alarm system designed to transmit its emergency message directly to the police department shall be tested or demonstrated without first obtaining permission from the police chief. Permission is not required to test or demonstrate alarm devices not transmitting emergency messages directly to the police department unless the messages are to be relayed to the police department. (Code 1981, 34-148) Sec. 62-95. Notice of disruption of service. When an alarm business' service to subscribers is disrupted for any reason by the alarm business, or the alarm business becomes aware of such disruption, it shall promptly notify its subscriber by telephone that protection is no longer being provided. If, however, the alarm business has written instructions from its subscriber not to make such notification by telephone during certain hours, the alarm business may comply with such instructions. (Code 1981, 34-149) Sec. 62-96. Direct connections to police department. Upon the favorable recommendation of the police chief and the approval of the council, alarms from government agencies and financial institutions may be terminated in the police department. No other alarms may terminate in the police department.
(Code 1981, 34-150) Sec. 62-97. False alarms. (a) False alarm shall be defined as an alarm signal eliciting a response by the police where an emergency situation does not in fact exist. (b) Alarm users shall not be assessed any service charge for false alarms caused by interruption or failure of the service provided by public utilities, electrical or electronic interruption or interference, acts of God, sonic booms, or traffic accidents. (c) There shall be a grace period of six months from the date of the initial installation. For each false alarm not within the grace period, there shall be a service charge imposed of $25.00 per false alarm. Only the first four false alarms shall be deemed within the grace period even if otherwise covered by the grace period. Following the grace period, alarm system users shall not be assessed a fine for the first two false alarms in any one calendar year. For purposes of implementing this section, calendar year shall be deemed to be the remainder of 1994 following the effective date of this section and thereafter calendar years shall be deemed to be January 1 through December 31. (d) A service charge shall be paid by the alarm user to the city for each false alarm not otherwise exempted by this section. The proceeds from such false alarm service charges shall be deposited to the general fund of the city. (e) Any service charge assessed pursuant to this section may, upon request of the alarm user, be reviewed by the police department in accordance with such review procedures as the chief of police may prescribe. (Ord. No. 16465, 1(34-145), 6-9-92; Ord. No. 16739, 1, 8-23-94) Sec. 62-98. Flashing lights required for certain buildings. All alarmed buildings not connected to a central station, a modified central station, or a licensed answering service shall be equipped with an external blue flashing light. Such light shall be of a type and quality specified by the police department to aid police helicopter and ground units in finding the alarm location. (Ord. No. 16465, 2, 6-9-92; Ord. No. 16739, 2, 8-23-94) Sec. 62-99. Direct connection to TECOM. (a) All alarms directly connected to TECOM as the date of the publication of this section shall be disconnected no later than March 1, 1993. (b) No alarms shall be directly connected to TECOM other than those so connected as of the effective date of this section. (Ord. No. 16465, 3, 6-9-92; Ord. No. 16739, 3, 8-23-94) Secs. 62-100--62-110. Reserved.
Sec. 62-111. Interconnection to primary trunk line. DIVISION 2. AUTOMATIC DIALING DEVICES (a) No automatic dialing device shall be interconnected to a primary trunk line. (b) Automatic dialing devices designed to transmit signals directly to the police department are prohibited for any but governmental agencies. Such automatic dialing devices may be interconnected to a special trunk line into the police department. Before such a device is interconnected to a special trunk line, the person performing this operation shall first obtain instructions from the police department concerning the procedure to be followed. The police department shall designate the number to be used for this purpose. (c) The owner or lessee of any automatic dialing device which is allowed to be connected to a special trunk line transmitting directly into the police department shall pay all telephone company charges connected therewith. (Code 1981, 34-142) Sec. 62-112. Intermediary service. (a) Persons owning or leasing an automatic dialing device may have the device interconnected to a telephone line transmitting directly to: (1) A central station; (2) A modified central station; or (3) A licensed answering service. (b) Relaying of messages by intermediate services to the police department shall be over a special trunk line, except that central stations may relay messages over a direct line. All telephone charges involved shall be paid by such intermediate services or central stations. (c) Automatic dialing devices may be interconnected to one or more telephone numbers available to the owner or lessee of the devices, or their designated representative, at another location. (d) This section shall apply only to those automatic dialing devices interconnected to the communications center in the police department, other municipal offices or to telephone company operators. (Code 1981, 34-143) Sec. 62-113. Standards. Automatic dialing devices installed on any premises in the city which are interconnected to a special trunk line transmitting signals into the police department, or to a telephone line directly serviced by an
intermediate service that will be responded to by members of the police department, shall meet the following standards as determined by the chief of police: (1) The contents of the recorded message to be transmitted by such device must be intelligible and in a format approved by the police chief as appropriate for the type of emergency being reported. (2) Upon a single stimulus of the alarm device, an automatic dialing device may place two separate calls to the police department via the special trunk line. No such call shall be longer than one minute in duration. There must be at least three minutes between the completion of the first call and the initiation of the second, and the second call must be clearly identified as a second call. (3) Messages transmitted during such second calls, stating the location and nature of the alarm condition, shall not exceed 30 seconds in length. (4) The time gap between delivery of messages must be less than five seconds. (5) All such devices shall be capable of transmitting an emergency message to two or more separate locations, so that upon activation any message may be sent not only on a special trunk line or telephone line serviced directly by telephone operators, but also to a location where an authorized person could be available to respond to the emergency message, and to open the premises on which the device is installed. (6) The sensory apparatus and hardware comprising such devices shall be maintained by the owner or lessee in such physical condition that false alarms will be minimal. (Code 1981, 34-144)