Loading...
HomeMy WebLinkAboutOrdinance - 5243-1967 - Amending Code Of Ordinance Adding Chapter 31 Article IV Regulating Ambulances - 04/27/1967:~"',~, ~~;.,;;· ;,;' S;;~E;;~W =========================,r== f L'····-~ I':,,,,,-.,. • . ' . ow-27-1 qu,-:,.-os-\ l - \ 9 l!; '1- oRDINANcE NO. 5243 ------ AN ORDINANCE AMENDING THE. CODE OF ORDINANCES BY ADDING TO '-' CHAPTER 31 THEREOF A NEW ARTICLE'IV REGULATING AMBULANCES; REQUIBING A LICENSE; PROVIDING A PENALTY FOR ENGAGING IN THE BUSINESS OF FURNISHING ,AMBULANCE SERVICE WITHOUT A LICENSE: PRO- VIDING FOR PUBLICATION OF THIS DESCRIPTIVE CAPTION AND THE PENALT CLAUSE HEREOF. WHEREAS, it is deemed to be in the public interest. in order to assure con tinued reliable ambulance service to the citizens of the City of Lubbock, to license ambulances for operation in the City of Lubbock; NOW THEREFORE: E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. That the Code of Ordinances of the City of Lubbock BE and th same is hereby amended by adding to Chapter 31 thereof a new Article IV which said Article reads as follows: "Article IV. Regulation of Ambulances. Sec. 31-31. Definitions. The following words and phrases are defined as follows for the purpose of this section: 1. Ambulance. Every motor vehicle used, designed or re-designe for the transportation of sick or injured persons, 2. Ambulance Operator. The person, partnership or corporation holding a City of Lubbock emergency ambulance permit. 3, Attendant's Permit. A City of Lubbock emergency ambulance attendant's permit. 4. Attendant. A person accompanying and serving with the driver of an emergency ambulance for the purpose of aiding and assisting in the care of the sick or injured. 5. Detached Telephone Service. A telephone service in which the telephone may be answered in a place other than the permanent busi- ness address of the holder of an emergency ambulance permit. 6. Direct Call. A request for emergency ambulance service made by telephone or other means directly to the holder of an emergency ambulance permit, his agents or employees, 7. Driver's Permit. A City of Lubbock emergency ambulance driver's permit, J r· FOS:EW 8. Emergency Ambulance. An ambulance used, designed or re- desigf1ed for the purpose of transporting the sick or injured, the rendering of first aid, or the performance of rescue work while the vehicle is being operated under emergency circumstances. 9. Emergency Service. This shall include the emergency ambu- lance trip to the place of emergency. the rendering of first aid and assistance, and the trip to the hospital. 10. Emergency Circumstances. The existence of circumstances in which the element of time in transporting the sick or injured for me ical treatment is essential to the health or life of such person. 11. Non-profit Emergency Service. This includes emergency first aid and emergency rescue type service by non-profit organizations when the injured or ill are not conveyed in the first aid or rescue vehicle. 12. Operator's License. A City of Lubbock emergency ambulance operators license. SEC. 31-32. Emergency Ambulance Operator's License Required. It shall be unlawful for any person, firm or corporation to engage in furnishing eme - gency ambulance service by operating or driving or causing to be operated o driven an emergency ambulance upon the public streets of the City of Lubbo without first having obtained a City of Lubbock emergency ambulance oper- ator's license, provided however, an ambulance operated by an agency of th United States and an ambulance picking up a patient beyond the City limits of Lubbock and delivering the patient to a destination inside the City limits of Lubbock shall not be required to be licensed hereunder. Sec. 31-33. Requirements of Application. Application for an emergency ambulance operator's hcense shall be hied with the City Secretary. Such application shall be submitted upon a form or forms to be furnished by said City Secretary and the applicant shall furnish the following proof and inform ation with the application. Such application shall be subscribed and sworn to before a Notary Public. 1. The name and address of the owner of the ambulance. 2. A statement that the applicant has obtained or will obt:ain, liability insurance in accordance with the requirements hereinafter provided before commencing emergency ambulance service in the event the City Council determines that an emergency ambulance operator's license should be granted. No emergency ambulance operator's license will be issued until such insurance is in effect. 3. That the applicantor applicants have not been convicted of a felony o of a misdemeanor involving moral turpitude within the last ten (10) year . 4. A statement that the applicant has been issued a permit by the State Board of Health pursuant to authorization of Article 4590-b of the Texas Civil Statutes. No emergency ambulance license will be issued unless the applicant has obtainea such a permit. - 2 - FOS:EW 5. The application shall set out the number of emergency ambulances which the applicant proposes to operate and the make, model, motor number and correct state license number of each vehicle shall be listed. If the application is made before one or more of such emergency ambu- lances have been acquired by thd applicant, then such information shall be furnished to the City Secretary before issuance of a license for such vehicle. 6. Applicant shall attach to his application a current financial statement. 7. Applicant shall submit a complete schedule of rates, charges and fee to be approved by the City Council in the event a license is granted. Sec. 31-34. License Fee. Application for license hereunder shall be acco - panied by a license fee of$ 10.00 In the event such application is denied, the license fee shall be refunded to the applicant. Within fifteen (15) days after receipt of an application as provided for herein, the City Council may order a public hearing to be held concerning the appli- cant and his proposed operation. In the event a public hearing is ordered by the City Council, the applicant shall forthwith deposit $50. 00 with the City Secretary for payment of the publication cost of notices to be printed on thre (3) consecutive days advising of a hearing to be held on said application. Sue notice shall be to all holders of emergency ambulance license and all other interested persons and the first such notice shall be printed within fifteen (15) days after receipt of the deposit if the applicant has met the above require- ments. The said notice shall set out the time and place of such public hear- ing which shall be not less than five (5) days nor more than fifteen (15) days from the date of the first publication. The name of the applicant and the place where he proposes to operate an emergency ambulance service shall be set out in said notice. The City Secretary shall refund to the applicant any part of the deposit which is in excess of the cost of publication and in the eve such deposit is not sufficient, the applicant shall immediately upon the reque of the City Secretary. pay the remaining sum of money necessary to pay such publication costs. Sec. 31-35, Standards for Issuance of License. 1. Upon consideration of each application, the applicant shall not be granted an emergency ambulance operator's license unless the City Coun cil finds and determines that the public convenience and necessity will be served by the issuance of such license. The City Council shall also hav the right to call any other witnesses, including a police investigation or report, that may be deemed necessary or appropriate. In all such hear ings, the burden of proof shall be upon the applicant to establish by clear - 3 - (~=,;,,,· ;.,,,· *F~O~S~:E~W~============================i== cogent and convincing evidence that the public convenience and necessity will be served by the granting of the emergency ambulance operator's license. 2. Public convenience and necessity shall mean that: A. The permanent address from which the emergency ambulance service is proposed to be operated will be within an area of the City which benefits from additional service. B. Existing emergency ambulance service within the City of Lubbod will not be adversely affected so as to lower the standards of existing service either in the area to be served by the applicant or within the City as a whole. 3. In determining public convenience and necessity, the City Council may consider but not be limited to the following: A. The need for additional ambulance service. This may include the evidence of the records and statistics of the Public Service Depart- ment, Police Department, and Health Department and any other rele- vant and material evidence. B. The distance from the permanent address at which the applicant proposes to operate the emergency ambulance service to hospitals providing emergency service to the public. C. The number of emergency ambulances which are available to pro vide service in the area in which the applicant proposes to furnish such service. D. The record of responses to the police dispatcher's calls. This may include information as to length of time required to arrive at the place of an emergency after a request for such service and informa- tion as to calls declined and hours of the day during which service in such area may be curtailed for any reason. E. Density of population. F. Financial responsibility of the applicant. G. Number of emergency ambulances for which emergency ambulan< ie operator's license are requested and the hours during the day and days during the week that the applicant proposes to furnish such s ervice. -4 - I FOS·EW H. In the event the applicant has previously participated in furnish- ing emergency ambulance service, evidence as to whether the appli- cant performed such service in a satisfactory manner. Sec, 31-36. Granting or Denial of License. The City Council shall make a determination as to the existence or non-existence of public convenience and necessity within fifteen (15) days from the date of the consideration of the application and the applicant shall be notified in writing within fifteen (15) days that the application has been either granted, or denied. Sec. 31-37. Insurance Policy. An applicant hereunder shall file with the City Secretary an insurance policy, to be approved by the City Attorney, providing insurance coverage for each and every ambulance owned, operate and/ or leased by the applicant, for injury to or death of persons in accident resulting from any cause for which the owner of said vehicle would be liable on account of any liability imposed on him by law, regardless of whether the ambulance was being driven by the owner, his agent or lessee, and as against damage to the property of another, including personal property, under like circumstances, in the sum of $50, 000. 00 for injury to any one person, $100, 000. 00 for any one accident and $50, 000. 00 for injury to pro- perty in any one accident. 1. Continuance After Recovery. Every such policy of insurance shall continue to the full amount thereof, notwithstanding any recovery thereo , and the liability of the insurer shall not be affected by the insolvency or bankruptcy of the assured. The policy shall run to the City for the benefit of any and all judgment creditors. 2. Coverage Period. Every insurance policy required hereunder shall extend for the period to be covered by the license applied for and the insurer shall be obliged to give not less than ten (10) days written notice to the City Secretary and to the assured before any cancellation or termination thereof earlier than its expiration date and the cancel- lation or other termination of such policy shall automatically revoke and terminate the license issued for the ambulance covered by such policy. unless another insurance policy complying with the provisions of this section shall be provided and be in effect at the time of such cancellation or termination. Sec. 31-38. Termination of Permit -License -License Fee. All emer- gency ambulance licenses shall terminate on December 31 of each year. Such license may be renewed by paying a fee of SIX AND NO/ 100 ($6. 00) DOLLARS before the termination date. - 5 - 1 OS:EW Sec. 31-39. Changes in Pa:r:tnership or in Officers of Corporation -Or any Changes in Ownership. All changes in the partnership or in the officers of the corporation, or any changes in ownership which holds an emergency ambu- lance operator's license shall be reported to the City Secretary within ten (10) days after such change and the new partners or new officers shall individually file applications certifying to their individual qualifications within such time. Failure to do so shall be cause for suspension of the operator's license during the time that such partners or officers fail to comply with this requirement. Sec. 31-40. Approval of Subsequent Charges by City Council. Any subseque changes in approved rates, charges and/or fees shall be submitted by a licens to the City Council for approval. Sec. 31-41. Condition of .Ambulance and Supplies Required. No emergency ambulance shall be operated on the public streets of the City unless it complies with the following requirements: 1. The emergency ambulance is free of structural defects. 2. The emergency ambulance has no serious impairment of any safety feature resulting from an accident or otherwise. 3. The emergency ambulance is equipped with the following: (1) An ambulance stretcher with clean linens; two blankets and a sanitary mattress cover. (2} A back board. (3) Two lower extremity splints and two upper extremity splints. (4) One oxygen therapy unit with a minimum supply of 12. 7 cu. ft. of oxygen in the tank. (5} One two and one-half pounds of co2 fire extinguisher or two and one-half pounds dry chemical extinguisher. (6) One three-cell flashlight equipped with bulbs and batteries in good working order. (7) One or more red lights mounted on the top of the emergency com- mercial vehicle which is clearly visible from a 360° coverage. (8) First .Aid Supplies as required by Texas State Department Health for ambulance licensing. 4. Have one or more attendants in addition to the driver. - 6 - I 5. A schedule of the ,approved rates, charges and fees posted in a conspicuous place within the ambulance. Sec. 31-42. Inspection of Emergency Ambulances. The Health Departmen of the City of Lubbock shall cause all emergency ambulances to be inspected before being placed in service and shall thereafter inspect such ambulances not less than once each six (6) months. In addition, the Health Department shall inspect all emergency ambulances from time to time on a spot inspect- ion basis. In the event an emergency ambulance fails to pass an inspection, or in the event inspection thereof is refused, or not allowed, the City Health Officer shall notify the Chief of Police to withhold dispatching privileges fro the ambulance operator until the vehicle has passed inspection. fo addition, the Chief of Police may terminate the ambulance operator's dispatching privileges and suspend or revoke his license. Sec. 31-43. Emergency Ambulance Driver's Permit Required. 1. It shall be unlawful for any person to operate or drive an emergenc ambulance upon the public streets of the City of Lubbock unless the driver shall first have obtained a City of Lubbock emergency ambulance driver's perm it. 2. It shall be unlawful for any person to act, serve or accompany the driver of an emergency ambulance in the capacity of an attendant while such emergency ambulance is being operated for emergency service unless such person shall first have obtained an attendant's permit. Sec. 31-44. Application for Driver's Permit -Attendant's Permit. Erner gency ambulance drivers and attendants shall have the following qualificatio and an application for such permit shall be submitted upon a form or forms to be provided by the City Secretary. 1. The applicant for permit must be the holder of a Texas Chauffeur's License. 2. The applicant must demonstrate a f arnilarity with the streets and avenues of the City of Lubbock by written or oral examination. 3. The applicant shall not be eligible if he has been convicted of a felon or of a misdemeanor involving moral turpitude within the past ten (10) years to be confirmed in writing to the City Secretary by the Chief of Police. 4. Applicant must be the holder of an Advanced First Aid Certificate issued by American Red Cross or an equivalent recognized certificate. 5. In addition the application shall show the following: A. The applicant's full name, current residence, places of residenc for ten (10) years previous to moving to his present address, and length of time he has resided in the City of Lubbock, B. The applicant's age, marital status, height, color of eyes and hair 7 ,- ( FOS:EW C. Whether he has ever been convicted of a felony or misdemeanor, and if so, when and where and for what cause. D. The applicant's training and experience in the transportation and care of patients, and whether he has previously been licensed as a driver, chauffeur, attendant-driver, and if so, when and where and whether his license has ever been revoked or suspended in any jurisdic tion and for what cause. E. Two (2) recent full-face and profile photographs of applicant. 6. Such application must be signed and sworn to before a Notary Public. Sec. 31-45. Determination by City Secretary and Right of Appeal. The City Secretary shall investigate the application and determine whether the applicant meets the qualifications required for the issuance of emergency ambulance drivers' permit. If the applicant is so qualified, the City Secretary shall issu such a permit and if the applicant is not qualified, the City Secretary shall notify the applicant by writing to him at the applicant's address as given in the application. A denial of a permit shall be appealable to the City Council. Sec. 31-46. Use of Red Lights, Horns, Sirens and Obedience to Traffic Regulations. The driver of any ambulance, when on an emergency run, may use red lights, horns, sirens and may proceed ip the manner and at the speed provided for in the Code of Ordinances of the City of Lubbock and the State law , but shall not be granted any further privileges hereunder. Sec. 31-47. Response to City Originated Emergency C,.fJ].ls Required. Each person making an application to operate an ambulance or ambulance service within the City shall be deemed by the filing of such application to agree to accept all emergency calls originating from the Fire or the Police Departments of the City and the acceptance of such calls shall be a condition for the continua tion of the license to operate such ambulance or ambulance service. Sec. 31-48. Number of .Ambulances Controlled by .Application. Each person, firm or corporation issued an emergency operator's license hereunder shall be deemed by the filing of an application to agree to provide, keep and maintain for service not less than the number of emergency ambulances indicated on the original application and to provide adequate personnel available to operate each ambulance which shall be a condition for the continuation of the license to operate such ambulance service. Sec. 31-49. Suspension or Revocation of License. 1. The Chief of Police may, and is hereby authorized to, suspend or revoke a license issued hereunder for failure of a licensee to comply and to maintain compliance with, or for his violation of, any applicable provi- -8 - :.'OS:EW u sions, standards or requirements of this Ordinance, or of regulations promulgated hereunder, or for any reason a driver's pennit or attendant's permit may be revoked or suspended, or for charging and receiving any payment in excess of the approved rates, charges and fees, but only after warning and such reasonable time for compliance as may be set by the Chief of Police. Within ten ( 10) days after a suspension, the license i shall be afforded a hearing before the Chief of Police after request from licensee. The Chief of Police shall, within ten (10) days after conclusio 1 of such hearing, issue a written decision (which shall include written findings) as to the suspension of said license. Such written decision shall be promptly transmitted to the licensee to whom it refers. Suspen sion of any ambulance license shall be subject to appeal to the City Council of the City of Lubbock. 2. The driver or attendant's permit provided for in this Ordinance may be suspended or revoked by the Chief of Police for any reason for which the original permit could be denied and, in addition, for any of the following reasons: A. Upon conviction for violation of any State or Federal law declare< to be a felony or involving moral turpitude. B. For conviction of drunkenness while the permittee is on duty as ~ 1 ambulance driver or attendant. An appeal of said conviction shall no operate as a stay of said suspension or revocation as provided herein C. For permitting any other person to use his permit. D. For obliterating or erasing any official entry on his permit ident - fication card. E. Failure to respond to an emergency call. 3. The initial, semi-annual or other ambulance, equipment and prem- ises inspection reports herein provided for shall be prima facie evidenc ~ of compliance or non-compliance with, or violation of, the provisions, standards and regulations promulgated hereunder, for the licensing of ambulances. 4, Upon suspension, revocation or termination of an ambulance license hereunder, operations of such ambulance shall cease. Upon suspension revocation or termination of a driver's, attendant's or attendant-driver'i permit hereunder, such driver, attendant or attendant-driver shall ceru: e to drive or attend an ambulance and no person shall employ or permit such individual to drive or attend an ambulance. The Chief of Police shall take up the ' permit and identification card and file there- with the reasons for such revocation or suspension and the term thereo • - 9 - Sec. 31-50. Chief of Police to Supervise. It is the intent of this ordinan that the citizens of the City of Lubbock shall at all times have adequate an necessary ambulance service, and to this end the Chief of Police is author ized to generally supervise and enforce this ordinance and prescribe such recommendations to the City Council from time to time in order to insure that the operators of ambulances or ambulance services hereunder shall be able to render such public service. Sec. 31-51. Emergency Vehicle ·Records. .An emergency ambulance operator's licensee shall keep a daily manifest for each vehicle upon whic shall be recorded the time, place or origin, destination and charges for I each trip made by such vehicle, Such records to be kept and maintained in a permanent file and made available for inspection at reasonable hours by the Chief of Police. Sec. 31-52. Clearance of Direct Emergency Calls. All calls for emer- gency ambulance service received directly by a licensed operator shall be reported immediately to the Emergency Dispatcher at Police Headquarters Sec. 31-53. Penalties. 1. Any person violating, or failing to comply with, any other provisio of this Ordinance and the applicable provisions hereof relating to the licensing of ambulances, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not exceeding Two Hundred Dollars ($200. 00}. 2. Any person violating, or failing to comply with, any other provisio of this Ordinance shall be deemed guilty of a misdemeanor and upon co viction thereof shall be fined an amount not exceeding Two Hundred Dollars ($200. 00). 3. Each day that any violation of, or failure to comply with, this Ordi nance is committed or permitted to continue shall constitute a separate and distinct offense under this Section and shall be punishable as such hereunder; provided, however, that the Court may, in appropriate cases, stay the cumulation of penalties. SECTION 2. Se·parabiiity. · If any section, subsection, sentence, clause, or phrase or portion of this Ordinance is for any reason held invalid or unconstitu tional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect th validity of the remaining portions hereof. SECTION 3, Repealing Clause. All ordinances or parts of ordinances in con- flict with or inconsistent with the provisions of this Ordinance are hereby -10· - repealed; provided that said repeal shall apply only to the extent of such con- flict or inconsistency. SECTION 4. Publication.· The City Secretary is authorized and directed to cause the publication of the descriptive caption of this Ordinance together with the penalty provision as an alternative method of publication as provided by law. SECTION 5. Effective Date. The terms and provisions of this Ordinance shall not become effective or apply for a period of .10 days to any person, firm or corporation operating and providing emergency ambulance service within the City of Lubbock on the date this Ordinance is finally adopted. AND IT IS SO ORDERED. Passed by the City Council on first reading this 27th day of April, 1967. Passed by the City Council on second reading this 11th day of , 196 . ------- ATTEST: Lavenia Lowe, City(Secretary-Treasurer r<-i..L, -11 -