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[Published by:] Municipal Code Corporation, P.O. Box 2235, Tallahassee,
FL 32316-2235, http://www.municode.com/
Current through October 2005, Supplement No. 5
__________
*Cross references: Housing, ch. 44; pollution control and environment,
ch. 113A; health and sanitation, ch. 130; Cherokee water code, ch. 131; roads
and highways, ch. 136A; wastewater discharge, ch. 145.
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Article I - In General
Article I-A - Appendix
Article II - Emergency Telephone Service
Sec. 62-1. Tribal Utilities Commission.
(a) Inasmuch as the Cherokee Water and Sewer Enterprise furnishes public utility
service, the user shall be afforded a periodic impartial review of the utility
rates and charges. To carry out this review the Tribal Utility Rate Commission
is hereby created.
(b) Membership shall consist of two business utility consumers and one residential
utility consumer. Each member shall be appointed by the Tribal Council. Appointment
shall be for three-year terms, with terms to be staggered among the members.
No member of the Commission shall be an elected Tribal official.
(c) The Commission shall be charged with the duty of reviewing the utility
rates, connection charges and other fees charged by the utility, to determine
the equity of such charges based on the essential operating requirements of
the Cherokee Water and Sewer Enterprise, together with similar rates and charges
of other comparable communities and utilities.
(d) The Commission shall be charged with the duty of setting the utility rates,
connection charges and other fees for the utility.
(e) After setting rates, charges and fees, the Commission shall make a report
to the Tribal Council for any adjustment or change which the Commission recommends
to be made. Final authority for establishing or changing such rates, charges
and fees shall be vested in the Tribal Council.
(f) All expenses incurred by the Commission shall be reviewed and authorized
by the Tribal Credit Committee and shall be paid by the Tribe.
(g) All private or institutional owners and possessory holders with buildings
or facilities designed for human use that are within the service area of any
water or sewer system of the Cherokee Water and Sewer Enterprise at the time
public notice is given that such services are available shall be required
to connect to the available system within one year from the date of such notice,
unless connection may be required sooner where Tribal or Indian Health Service
authorities have condemned individual sanitation systems.
(h) All private or institutional owners and possessory holders starting new
construction after the date of public notice of availability of services shall
be required to connect to the available system at the time of construction
unless connection is not deemed feasible by the Enterprise.
(i) Questions of whether specific buildings or facilities can be feasibly
served by either or both the Water and Sewer Systems of the Enterprise may
be submitted to the Tribal Credit Committee. The Committee's determination
on such questions shall be final.
(j) The Community Services Committee shall appropriate one-half of one percent
of the Tribal Levy, or an amount equal to 1/12 of the Levy, to be used exclusively
for the operation and furtherance of the Cherokee Water and Sewer Enterprise.
(Res. No. 517, 10-11-1962; Res. No. 273, 2-1-1979; Rescinded by Res. No. 253,
7-15-1988; Reinstated by Res. No. 255, 7-15-1988)
Sec. 62-2. Disconnection of service.
(a) The Cherokee Water and Sewer Enterprise shall be authorized to disconnect
services to any house or building when payment of service fees are not paid
by the last day of the month in which a statement is rendered.
(b) Prior to disconnecting either water or sewer service to any house or building
the Cherokee Water and Sewer Enterprise shall notify the customer that such
service shall be disconnected on a specific date unless payment for services
is brought current prior to that date.
(c) Prior to disconnecting either water or sewer service to any house or building,
the Cherokee Water and Sewer Enterprise shall notify the customer that they
may appeal to the credit committee to show cause why the service should not
be disconnected.
(d) In the event any customer, occupant, owner, tenant or other person, after
either water or sewer service has been disconnected by the Cherokee Water
and Sewer Enterprise, shall reconnect such service, or in any way cause the
water or sewer service to be reconnected to their house or building, without
having first paid in full for past services and fees, including any disconnection
or reconnection fees, they shall be assessed a civil penalty of $100.00, and
service shall not be reconnected until such penalty is paid.
(e) The Cherokee Court of Indian Offenses or any successor Cherokee Court
shall have jurisdiction to enforce this section against all persons who violate
its provisions.
(Res. No. 276, 2-1-1979)
Secs. 62-3—62-10. Reserved.
CHEROKEE WATER & SEWER TRIBAL ENTERPRISE
RATE STRUCTURE FISCAL YEAR 2005
EASTERN BAND OF CHEROKEE INDIANS
PO BOX 547
CHEROKEE, NC 28719
Phone: (828) 497-5555
The Cherokee Water and Sewer Tribal Enterprise of the Eastern Band of Cherokee Indians (Herein After Called the "Tribe") Represented by the Manager of the Cherokee Water and Sewer Tribal Enterprise (Herein after called the "Water and Sewer Manager"), will furnish Water and/or Sewage services for Eligible Users, (Anyone within the service area outlined on service map adopted by the Utilities Commission), including private individuals, Tribal projects, Bureau of Indian Affairs, and other private and Federal consumers under the following conditions and terms:
WATER
NEW RATE SCHEDULE: If and when the Water and Sewer Manager determines the feasibility of water services to an applicant, water services will be furnished at the following monthly rate:
| A. |
RESIDENTIAL: Base Water Rate 0-400 cu. ft. (0-3,000 gal): Cost per additional 100 cu. ft. (750 gal): |
RATES
$ 9.50 1.21 |
| B. |
COMMERCIAL: Base Water Rate 0-600 cu. ft. (0-4,500 gal): Cost/100 cu. ft.: 600-5000 cu. ft. (4,500-37,500 gal): Cost/100 cu. ft.: 5000-20,000 cu. ft. (37,500-150,000 gal): Cost/100 cu. ft.: Over 20,000 cu. ft. (Over 150,000 gal): |
28.40 3.55 2.37 1.78 |
| C. |
OUT OF SERVICE AREA RESIDENTIAL: Base Water Rate 0-400 cu. ft. (0-4,500 gal): Cost/100 cu. ft.: Over 400 cu. ft. (750 gal): |
19.00 2.42 |
| D. |
OUT OF SERVICE AREA COMMERCIAL: Base Water Rate 0-600 cu. ft.: Cost/100 cu. ft.: 600-5,000 cu. ft.: Cost/100 cu. ft.: 5,000-20,000 cu. ft.: Cost/100 cu. ft.: Over 20,000 cu. ft.: |
60.84 5.07 $3.38 $2.54 |
| E. | LATE FEE |
$6.50
|
WATER CONNECTION SCHEDULE:
NEW CONNECTIONS: The Water and Sewer Manager will furnish all labor, meter, pipe, etc. for , making water connections at the following charges:
| RESIDENTIAL TAP FEES: (Out of Service Area) | |
|
$1,000.00
|
|
1,400.00*
|
| COMMERCIAL WATER TAP FEES: (Out of Service Area) | |
|
1,400.00
|
|
1,600.00*
|
|
2,000.00*
|
|
3,200.00*
|
| * Plus labor and materials | |
| RESIDENTIAL TAP FEES: (In Service Area) | |
|
500.00
|
|
700.00
|
| COMMERCIAL WATER TAP FEES: (In Service Area) | |
|
700.00
|
|
800.00*
|
|
800.00*
|
|
1,000.00*
|
| *Plus labor and materials |
**WATER TAPS OF (1) INCH AND SMALLER NOT LOCATED WITH (10) TEN FEET OF CITY WATER LINE SHALL BE RESPONSIBLE FOR ADDITIONAL MATERIAL AND LABOR COSTS TO GET TO THE WATER METER LOCATION OF THE INDIVIDUAL'S PROPERTY.
ALL PIPE, VALVES, METER, AND OTHER PARTS PROVIDED AND INSTALLED BY THE CHEROKEE WATER AND SEWER MANAGER SHALL REMAIN THE PROPERTY OF THE TRIBE. THE WATER CONNECTION FEES ARE NON-REFUNDABLE AND SHALL BE PAID IN ADVANCE BEFORE CONNECTIONS ARE MADE. THERE SHALL BE ONLY ONE METER INSTALLED PER WATER LINE CONNECTED TO THE MAIN, UNLESS SUCH MATERIALS ARE THE PROPERTY OF THE TRIBE.
USE OF WATER: Water may be used for most purposes. The individual customer is strictly prohibited from the resale of water to others. The Water and Sewer Manager reserves the right at all times to terminate services or restrict the amount to be used when the sale of water would jeopardize water service to any school, hospital or other vital facility.
SEWER
NEW RATES SCHEDULE: If and when the Water and Sewer Manager determines the feasibility of sewage services to an applicant, sewage services will be furnished at the following monthly rate:
| A. | RESIDENTIAL: |
RATE:
|
| Base Sewer Rate 0-400 cu. ft. (0-3,000 gal): |
$ 9.50
|
|
| Cost per additional 100 cu. ft. (750 gal): |
1.21
|
|
| Flat rate sewer only |
12.10
|
|
| B. | COMMERCIAL: | |
| Base Sewer Rate 0-600 cu. ft. (0-4,500 gal): |
28.40
|
|
| Cost/100 cu. ft.: 600-5,000 cu. ft. (4,500-37,500 gal): |
3.55
|
|
| Cost/100 cu. ft.: 5,000-20,000 cu. ft. (37,500-150,000 gal): |
2.37
|
|
| Cost/100 cu. ft.: Over 20,000 cu. ft. (Over 150,000 gal); |
1.78
|
|
| C. | OUT OF SERVICE AREA RESIDENTIAL: | |
| Base Sewer Rate 0-400 cu. ft. (0-3,000 gal): |
19.00
|
|
| Cost/100 cu. ft.: Over 400 cu. ft. (750 gal): |
2.42
|
|
| Flat Rate Sewer Only: |
24.20
|
|
| D. | OUT OF SERVICE AREA COMMERCIAL: | |
| Base Sewer Rate 0-600 cu. ft.: |
60.84
|
|
| Cost/100 cu. ft.: 600-5,000 cu. ft.: |
5.07
|
|
| Cost/100 cu. ft.: 5,000-20,000 cu. ft.: |
3.38
|
|
| Cost/100 cu. ft.: Over 20,000 cu. ft.: |
2.54
|
SEWER CONNECTION SCHEDULE:
NEW CONNECTIONS: The Water and Sewer Manager will furnish all labor; materials, manhole, etc. for making sewer connections of grade and size approval by the Water and Sewer Manager; at the following charges:IN SERVICE SEWER TAP FEES:
| 4" Tap |
$ 500.00
|
| 6" Tap |
600.00
|
| 8" Tap |
1,000.00
|
RESIDENTIAL OUT OF SERVICE SEWER TAP FEES:
| 4" Tap |
$1 000 00
|
| 6" Tap |
1,200.00
|
| 8" Tap |
2,000.00
|
COMMERCIAL OUT OF SERVICE SEWER TAP FEES:
The fee amount will be $5,000.00 plus labor and materials.
The sewer connection fees are NONREFUNDABLE AND SHALL BE PAID IN ADVANCE before connections are made. All connections to the Sewage Main will be made by the Water and Sewer Department by a proper tapping procedure. The sewage collection system must not be exposed to ground water and, therefore, connections must be leak proof.
SEWER SERVICE RESTRICTIONS: The sewage collection shall not be used for drainage of any type other than disposal of normal domestic wastes. The connection of field drainage systems, even through drainage systems, and other drainage systems to the Mains is strictly prohibited. Usage is restricted to sanitation purposes only.
Discharge of Industrial type waste will not be permitted unless this is amenable to adequate treatment by the systems treatment facilities and the Water Sewer Department Executives must approve it. The customer will be required to provide preliminary treatment prior to discharge to the Sewer System.
DEPOSITS AND RECONNECTION FEES:
The following are additions to the rate structure that protect the Utility from costs incurred if customers default on payment. The water deposit will be returned to the customer; or applied to the bill, at close of the account.
Deposits: All customers are required to pay a $75.00 deposit for the in service area and a $125.00 deposit for out of service area. The deposit will be returned to the customer; or applied to the bill, at close of the account.
Reconnection: Existing water/sewer services are subject to a fee to activate or reactivate an account for a customer. New accounts to an existing hookup will pay the reconnection fee to activate the account. Accounts disconnected for non-payment or at the customer's request will be subject to the reconnect fee to bring the account active. The in-service activation fee is $65 and the out-of-service area activation fee is $75. Fees are to be prior to activation/turn on of services. New taps to water/sewer are subject to the new tap fee schedule. If the meter is cut off per customer request, a minimum monthly charge will continue to be due.
Miscellaneous: Public Utilities under PL-121 will be responsible for the initial installation of the water meter; sewer tap and any inspection fees related to water and sewer service for residents eligible for PL-121 projects with Public Utilities. Public Utilities will not be responsible for payment of the $75.00 deposit. This is always the responsibility of the customer.
MONTHLY STATEMENTS:
Regular monthly statements for water sewage services rendered each month will be submitted to the customer between the first and the fifteenth of the following month. SUCH STATEMENTS WILL BE DUE AND PAYABLE TO THE WATER AND SEWER DEPARTMENT at the Tribal Finance Office ON OR BEFORE THE END OF THE MONTH IN WHICH STATEMENT IS RENDERED.
IN CASE PAYMENT IS NOT MADE, IN FULL, BY THE LAST DAY OF THE MONTH IN WHICH STATEMENT IS RENDERED, THE WATER AND SEWER MANAGER (EFFECTIVE SEPTEMBER 27, 1988) WILL ASSESS A LATE FEE OF $5 AND IF PAYMENT IS NOT RECEIVED, IN FULL, BY TEN WORKING DAYS THEREAFTER, HE WILL DISCONNECT OR TURN OFF THE WATER SUPPLY WITHOUT FURTHER NOTICE.
CONTINUITY AND GUARANTEE OF SERVICE:
The Water and Sewer Manager will exercise reasonable care in the maintenance and operation of the systems, BUT DOES NOT GUARANTEE THAT SERVICES WILL [BE] CONSTANT. INTERRUPTION OF SERVICES CAUSED BY FIRES, STORMS, FLOODS, ACCIDENTS, BREAKDOWNS, OR OTHER CAUSES SHALL NOT RENDER THE TRIBE LIABLE FOR DAMAGES.
SERVICE CONNECTION LIMITATIONS:
The location(s) of water and sewer connections to the Water and Sewer system will be at the discretion of the Water and Sewer Manager. The water meter will be set as close to the Main as possible. The water outlet will consist of a connection to the Main, water meter and a connecting pipe between the Main and the meter. Any easements, right of ways, or permits required shall be executed and properly filed prior to any installation. The consumer shall furnish and install all necessary sewer pipes from his residence or establishment to the sewer Main. The consumer agrees that all water and sewage service lines installed by him shall be installed in accordance with the Sanitary Code of North Carolina. The Water and Sewer Manager must approval all installations.
MAINTENANCE AND REPAIR OF WATER AND SEWAGE SERVICE LINES:
TRIBAL RESPONSIBILITY FOR MAINTENANCE TO MAINS AND LINES, END AT THE OUT SIDE OF THE METER AND THE SEWER INLET AT THE MAIN. THE CONSUMER WILL MAINTAIN THE WATER PIPING FROM THE METER TO HIS HOUSE OR ESTABLISHMENT ALSO, THE SEWER LINE TO HIS RESIDENCE OR ESTABLISHMENT FROM THE POINT OF CONNECTION TO THE SEWER MAIN SHALL BE MAINTAINED IN GOOD, SAFE, OPERATING CONDITION AT HIS OWN EXPENSE. THE WATER AND SEWER MANAGER ASSUMES NO RESPONSIBILITY FOR LOSS OF WATER OR WATER DAMAGES CAUSED BY FAULTY LINES OR EQUIPMENT BEYOND TRIBAL OWNED CONNECTION POINTS.
MEASUREMENTS OF WATER AND SEWAGE: Water used by the consumer will be measured through a water meter by the amount of water used in cubic feet. The quantity of water measured to a consumer will be used as a measure of the quantity of sewage on which monthly statements will be computed. An authorized representative of the Tribe will make meter readings used to compute the service charges for water and sewer. The Water and Sewer Manager will promptly replace meters in service found to be defective. When a defective meter is found, the user will be billed for quantities of water and sewage based on the amount used the preceding month, adjustments will be made on the billing the month following that in which repairs are made by taking the average of the quantity metered during the month preceding and the month following that in which repairs or corrections are made.
GENERAL: Except for areas beyond the tribally owned sewer lines, and for temporary construction purposes, no water connections will be made to a private residence or establishment unless a satisfactory sewer connection is made to the tribally owned Sewer System. The consumer will not permit heavy grease, oil, toxic materials, metal scraps, stones, sand, cloth, or other materials to enter the sewage system that would damage or hinder normal operations of the plant.
THE LOCATIONS OF METERS AND CONNECTIONS TO TRIBALLY OWNED MAINS AND LINES WILL BE AT THE DISCRETION OF THE WATER AND SEWER MANAGER. The regulations specified herein shall not be considered to be complete, but only the principal guidelines and it is understood that the ordinances and/or resolutions of the Tribal Council now in force affecting water and sewer services or new resolutions implemented or any amendments thereof from time to time shall be binding and all decisions of the Cherokee Water and Sewer Tribal Enterprise shall be final as authorized by the Public Utilities Commission and the Tribal Council.
CHEROKEE WATER & SEWER TRIBAL ENTERPRISE
Eastern Band of Cherokee Indians
PO Box 547
CHEROKEE, N.C. 28719
(828) 497-5555
SECTION A
APPLICATION FOR SERVICE:
I, ( Print Name ), have read the published "Regulations and Schedules" of the Cherokee Water & Sewer Tribal Enterprise and here to make application for ( Indicate Service ) connection(s) for my establishment known as ( Name ) ( Location ). Water requirements will necessitate ( Pipe Size ) connection. Services will be needed .
I understand and agree to abide by all terms of the "Regulations and Schedules," and any Subsequent amendments that may be published.
| Signed: |
Signed: |
|
|
| Address: | |
| Phone: |
Office Use:
| Rate Schedule Route Code: | Route Code: |
| Acct: | Service Address: |
| Prior Meter Reading: | Meter Serial #: |
| Last Meter Reading: | Water & Sewer: |
| Date read: |
Water only Sewer only |
Remarks:
(Ord. No. 20, 12-20-2003; Ord. No. 533, 1-13-2005)
ARTICLE II. EMERGENCY TELEPHONE SERVICE
Sec. 62-11. Authority.
The Eastern Band of Cherokee Indians adopts this Emergency Telephone Service
Code pursuant to its inherent sovereign authority.
(Ord. No. 331-A, 10-26-1998)
Sec. 62-12. Purpose.
The Tribal Council declares it to be in the public interest to provide a tollfree
number through which individuals on the Eastern Band of Cherokee Indians Reservation
can gain rapid, direct access to public safety assistance. The number shall
be provided with the objective of reducing response time to situations requiring
law enforcement, fire, medical, rescue, or other public safety service.
(Ord. No. 331-A, 10-26-1998)
Sec. 62-13. Short title.
This article shall be known as the Emergency Telephone Service Act.
(Ord. No. 331-A, 10-26-1998)
Sec. 62-14. Definitions.
As used in this article, the following terms shall have the following definitions:
(a) Address shall mean the numerical address and street name given to each location within the Reservation which receives 911 service from the Eastern Band of Cherokee Indians.
(b) Exchange access facility shall mean the access from a particular telephone subscriber's premises to the telephone system of a service supplier. Exchange access facilities include service supplier provided access lines, PBX trunks and centrex network access registers all as defined by tariffs of telephone companies as approved by the Eastern Band of Cherokee Indians. Exchange access facilities do not include service supplier owned and operated telephone pay station lines, or Wide Area Telecommunications Service (WATS), Foreign Exchange (FX) or incoming only lines.
(c) 911 system or 911 service shall mean an emergency telephone system that provides the user of the public telephone system the ability to reach a public safety answering point by dialing the digits 911. The terms 911 system or 911 service also include Enhanced 911 Service, which means an emergency telephone system that provides the user of the public telephone system with 911 service and, in addition, directs 911 calls to appropriate public safety answering points by selective routing based on the geographical location from which the call originated and provides the capability for automatic number identification and automatic location identification features.
(d) 911 charge shall mean a contribution to the local government for the 911 service startup equipment costs, subscriber notification costs, addressing costs, billing costs, and nonrecurring and recurring installation, maintenance, service, and network charges of a service supplier providing 911 service pursuant to this article.
(e) Public agency shall mean any Tribal government authority located within the external boundaries of the Eastern Band of Cherokee Reservation.
(f) Public safety agency shall mean a functional division of a public agency which provides firefighting, law enforcement, medical suicide prevention, civil defense, poison control, or other emergency services.
(g) Service supplier shall mean a person or entity who provides exchange telephone service to a telephone subscriber.
(h) Telephone subscriber or subscriber shall mean a person or entity to whom exchange telephone service, either residential or commercial, is provided and in return for which the person or entity is billed on a monthly basis. When the same person, business, or organization has several telephone access lines, each exchange access facility shall constitute a separate subscription.
(i) Tribe shall mean the Eastern Band of Cherokee Indians.
(Ord. No. 331-A, 10-26-1998)
Sec. 62-15. 911 charges.
(a) Subject to the provisions of subsections (b) through (c) of this section,
the Tribal government shall impose a monthly 911 charge upon each exchange
access facility subscribed to by telephone subscribers whose exchange access
lines are in the area served or which would be served by the 911 service.
The 911 charge must be uniform and may not vary according to the type of exchange
access facility used.
(b) The rate may be set after a public hearing regarding the matter. The rate
shall be based upon the following:
(1) The cost to maintain the system;
(2) The cost to operate the system;
(3) The availability of Tribal funds to supplement the program; and
(4) The ability of the community to pay a fee for use of the system.
(c) The Tribal Council shall set a date for the commencement of the imposition
of the fees.
(Ord. No. 331-A, 10-26-1998)
Sec. 62-16. Payment and collection of charges.
(a) The subscriber of an exchange access facility will be billed for the monthly
911 charges, if any, imposed with respect to that facility. Each service supplier
shall, on behalf of the local government, collect the charges from those subscribers
to whom it provides exchange telephone service in the area served by the 911
service. As part of its normal monthly billing process, the service supplier
shall collect the charges for each month or part of the month an exchange
access facility is in service, and it may list the charge as a separate entry
on each bill. If a service supplier receives a partial payment for a monthly
bill from a subscriber, the service supplier shall apply the payment against
the amount the subscriber owes the service supplier first.
(b) A service supplier has no obligation to take any legal action to enforce
the collection of the 911 charges for which any subscriber is billed. However,
a collection action may be initiated by the Tribe. The Tribe may commence
an action to collect the fee, and any reasonable cost associated with the
action.
(c) The Tribe maintains all responsibility to the service supplier for all
911 installation service, equipment, operation, and maintenance charges owed
to the service supplier. Upon request by the Tribe, the service supplier shall
provide the Tribe with a list of amounts uncollected along with the names
and addresses of telephone subscribers who have not paid the 911 charge.
(d) Any taxes due on 911 service provided by the service supplier will be
billed to the local government subscribing to that service.
(Ord. No. 331-A, 10-26-1998)
Sec. 62-17. Administration.
Each service supplier that collects the 911 charges on behalf of a local government
is entitled to a one percent administrative fee as compensation for collecting
the charges. The service supplier shall remit the remainder of the charges
it collects during a month to the fiscal officer of the Tribe within ten days
after the last day of the month.
(Ord. No. 331-A, 10-26-1998)
Sec. 62-18. Emergency telephone system fund.
The fiscal officer to whom 911 charges are remitted shall deposit the charges
in a separate restricted fund. The Fund shall be known as the Emergency Telephone
System Fund. The fiscal officer may invest money in the Fund in the same manner
that other Tribal funds may be invested. The fiscal officer shall deposit
any income earned from such an investment in the Emergency Telephone System
Fund.
(Ord. No. 331-A, 10-26-1998)
Sec. 62-19. Payments from fund.
(a) Money from the Emergency Telephone System Fund shall be used only to pay
for:
(1) The lease, purchase, or maintenance of emergency telephone equipment, including necessary computer hardware, software and database provisioning, addressing and nonrecurring costs of establishing a 911 system; and
(2) The rates associated with the service suppliers 911 service and other service supplier recurring charges.
(b) The following expenses are not eligible for payment from the Fund: the
lease or purchase of real property, cosmetic remodeling, emergency dispatch
centers, hiring, training, and compensating dispatchers, and the purchase
of mobile communication vehicles, ambulances, fire engines, or other emergency
vehicles.
(c) A Tribe may contract with a service supplier for any term negotiated by
the service supplier and the Tribe may make payments from the Emergency Telephone
System Fund to provide any payments required by the contract.
(Ord. No. 331-A, 10-26-1998)
Sec. 62-20. Telephone records.
(a) Each telephone service supplier shall provide subscriber telephone numbers,
names, and service addresses to 911 systems when required by a local government.
Although customer numbers, names and service addresses shall be available
to 911 systems, such information shall remain the property of the disclosing
service supplier. The total cost of the system shall include expenses paid
to service suppliers to provide and maintain 911 information. This information
shall be used only in providing emergency response services to 911 calls.
Neither the Tribe nor its agents may release a telephone number required to
be provided under this section to any person for purposes other than including
the number in the emergency telephone system database or providing the number
to permit a response to police, fire, medical, or other emergency situation.
(b) To the extent necessary to provide 911 service private listing customers
of a service supplier in a 911 service area waive the privacy afforded by
nonlisted and nonpublished numbers when the 911 service is established.
(c) No service supplier, or agent or employees of a service supplier, shall
be liable to any person provided 911 service established under this article
for release for emergency telephone purposes of information specified in this
section that is not already part of the public record, including nonlisted
or nonpublished telephone numbers.
(Ord. No. 331-A, 10-26-1998)
Sec. 62-20.1. Recordings of 911 calls—ANI and ALI information.
(a) The following records are confidential and shall not be disclosed to the
public except as provided in subsection (b):
(1) The audio recording of a call placed to a 911 system for the purpose of requesting service from a public safety agency; and
(2) Automatic number identification (ANI) and automatic location identification (ALI) information that consists of the name, address, and telephone numbers of telephone subscribers contained in a 911 database;
(b) The records described in subsection (a) may be disclosed under the following circumstances only:
(1) Disclosure is ordered by the Cherokee Court;
(2) A public safety agency has requested disclosure and has under its jurisdiction a pending criminal or internal investigation to which the requested records are relevant, and the request is provided in writing to the custodian of the record and sufficiently identifies a call so that a copy of the record can be made that does not include other confidential information.
(3) The caller or his representative executes a written release of confidential information, on a form to be provided by the custodian of the records, and the release sufficiently identifies the record so that a copy can be made that does not include other confidential information.
(c) The custodian of audio recordings of a call placed to a 911 system is
not required to maintain those recordings for more than 30 calendar days from
the date of the call, except upon order of the Cherokee Court.
(d) Public safety agencies shall create, maintain and follow operational guidelines
consistent with this section.
(e) For purposes of this section, "custodian" means the manager
of the emergency management/911 addressing program.
(Ord. No. 918, 9-13-2001)
Sec. 62-21. Limitations of liability.
(a) A service supplier, including any telephone company and its employees,
directors, officers and agents, is not liable for any damages in a civil action
for injuries, death, or loss to persons or property incurred by any person
as a result of any act or omission of a service supplier or of any of its
employees, directors, officers or agents, except for willful or wanton misconduct,
in connection with developing, adopting, implementing, maintaining, or operating
any 911 system.
(b) This article is not a waiver of the Tribe's sovereign immunity.
(Ord. No. 331-A, 10-26-1998)
Sec. 62-22. Misuse of 911 system; penalty.
Any person who intentionally calls the 911 number for other than purposes
of obtaining public safety assistance commits a misdemeanor, subject to a
fine of up to $5,000.00 and imprisonment not to exceed one year.
(Ord. No. 331-A, 10-26-1998)
Sec. 62-23. Severability.
In the event of a court finding of invalidity of any clause or section of
this article, such invalid clause or section shall be severed from the remaining
body of the article, and the remainder of this article shall remain in full
force and effect.
(Ord. No. 331-A, 10-26-1998)
Sec. 62-24. Prior inconsistent laws repealed.
Any existing laws which are inconsistent with this article are specifically
repealed.
(Ord. No. 331-A, 10-26-1998)
Sec. 62-25. Rules and regulations.
The Tribal Council may enact rules and regulations as necessary to enforce
this article.
(Ord. No. 331-A, 10-26-1998)
Sec. 62-26. Effective date.
This article shall be effective immediately upon execution by the Principal
Chief.
(Ord. No. 331-A, 10-26-1998)