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HomeMy WebLinkAboutOrdinance - 8525-1984 - Amend. Artic. V, Ch. 27 By Amend. Language Of Sec. 27-126 And 27-146 - 02/06/1984~I ,,, .. . . .. . . .. -·•n r .. }: /. , -1, JCR:cl ORDINANCE NO. 8525 AN ORDINANCE AMENDING ARTICLE V, CHAPTER 27, or THE CODE or ORDINANCES or THE CITY or LUBBOCK BY AMENDING THE LANGUAGE or SECTIONS 27-126 AND 27-146 AND BY ADDING THERETO A NEW DIVISION 4 PERTAINING TO THE OPERATION or TRANSFER AMBULANCES WITHIN THE CITY or LUBBOCK; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the health, safety and welfare of the citizens of the City of Lubbock to regulate the operation of transfer ambulances within the City of Lubbock; and WHEREAS, the purpose of such amendment is to promote competition and to foster improved ambulance service for the citizens of the City of Lubbock; and WHEREAS, it appears that the enactment of new State legislation regulating ambulance operation will result in the loss of State regulation of transfer ambulances; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL or THE CITY or LUBBOCK: SECTION 1. THAT Sec. 27-126 of the Code of Ordinances of the City of Lubbock BE and is hereby emended by adding thereto the following definition: Transfer Ambulance: This means a vehicle meeting the requirements of a "basic life support emergency medical services vehicle" under the rules of the Texas Department of Health and which vehicle shall be used to transport patients under a physician's care, from one medical facility to another medical facility, from a medical facility to a private residence, or from a private residence to a medical facility under conditions which do not ordinarily constitute emergency cir- cumstances as that term is defined in this article. SECTION 2. THAT Sec. 27-146 of the Code of Ordinances of the City of Lubbock BE and is hereby amended to read as follows: Sec. 27-146. License required. It shall be unlawful for any person, firm or corporation to furnish emergency ambulance service upon the public streets of the City without having first obtained a City emergency ambulance oper- ator's license; provided, however, that ambulances operated by the United States Government, a political subdivision of the State of Texas, and ambulances delivering patients from places outside the City to places within the City operated by ambulance services not located within the City shall not be required to comply with this Article. SECTION 3. THAT Article V of Chapter 27 of the Code of Ordinances of the City of Lubbock BE and is hereby amended by adding thereto a new Division 4 which shall read as follows: DIVISION 4. TRANSFER AMBULANCES. Sec. 27-176. Permit Required. It shall be unlawful for any person, firm or corporation to furnish transfer ambulance service upon the public streets of the City without first having obtained a City transfer ambulance operator's permit; provided, however, that ambulances operated by the United States Government, a political subdivision of the State of Texas, and ambulances delivering patients from places outside the City to places within the City operated by ambulance services not located within the City shall not be required to comply with this Article. Sec. 27-176.1. Requirements of Application; Insurance. Application for a transfer ambulance operator's permit shall be made upon forms supplied by the City and filed with the City Secre- tary. Applicants shall furnish the following information and such information shall be sworn to as being true and correct by the applicant before a notary public. (1) The name, trade name, address and telephone nunber of the transfer ambulance business. (2) The nunber of ambulances proposed to be operated. (3) The names and address of the true owners of the transfer ambu- lance business and, if the business is a corporation, the names and address of the corporate officers. (4) The true owners of the ambulances to be used, if different fran the owners of the ambulance business. (5) A statement from the City Tax Assessor-Collector that all City taxes on the permit applicant's property, both real and personal, to be used in the business are current. (6) A certificate of public liability insurance and property damage insurance issued by a casualty company authorized to do business in the State of Texas, in the standard form approved by the State Board of Insurance, containing a provision that at least ten (10) daystprior notice of cancellation of said insurance shall be given to the City Secretary of the City of Lubbock by the insurance company with the insured provision of such policy -2- , .. 1' • 1 including the City of Lubbock as an additional insured and a coverage provision of such policy insuring members of the public from any loss or damage that may arise to any person or property by reason of the operation of the permit holder's anbulance business and providing that the coverage shall be in at least the sum of one hundred thousand dollars ($100,000.00) for injury to any one person, three hundred thousand dollars ($300,000.00) for any one accident and one hundred thousand dollars ($100,000.00) for injury to property in any one accident. (7) A schedule of rates, charges and fees to be charged by the applicant for transfer ambulance service. (8) That the applicant or applicants have not been convicted of a felony or of a misdemeanor involving moral turpitude within the last ten (10) years. (9) A description of each transfer ambulance vehicle (or assurance that such description will be furnished prior to issuance of a license), including the make, model, year of manufacture, motor and chassis number; the length of time the ambulance has been in use; and the color scheme, insignia, name, monogram and other distinguishing characteristics to be used to designate appli- cant's ambulance; including the current state license number. (10) Applicant shall attach to his application a current financial statement. Sec. 27-176.2. Permit and Inspection Fee. Every applicant for a transfer ernbulance operator's permit shall pay to the City of Lubbock the following non-refundable fees upon filing of the application with the City Secretary: (1) An annual permit fee of thirty dollars ($30.00), which fee shall entitle a permit holder meeting the requirements of this Article and State law to operate a transfer ambulance service for a period of one year from the date of issuance of a permit. Permits shall be prominently displayed at the permit holder's principal place of business within the City. (2) In addition to the annual permit fee required to be paid to the City as set forth in subparagraph (1) of this section, each applicant for a transfer ambulance operator's permit shall pay to the City an annual inspection fee of fifteen dollars ($15.00) for each ambulance vehicle operated or to be operated by applicant; said inspection fee is assessed to defray part of the cost of certification and inspection by the City under this Ordinance. Sec. 27-176.3. Requirements -Transfer Ambulances and Crews. -3- ,•. '• No transfer ambulance shell be operated upon the public streets of the City pursuant to this Article unless it meets the following minimum requirements: (1) Be suitable for transportation of patients from the standpoint of health, sanitation end safety. (2) Contain medical equipment end supplies in good condition end working order which meet the applicable rules and regulations of the Texas Department of Health for "basic life support emergency medical services vehicles." (3) Be free from all mechanical defects, whether caused by collision or otherwise. (4) Be equipped with a two-way radio which transmits and receives on frequencies designated for use by the Federal Communications Commission between each vehicle and the operator's base station. Radio communications to end fran such transfer ambulance vehicles shell be the sole responsibility and expense of the operator. In addition, a direct communication system complying with FCC rules end regulations or its equivalent, shall be installed by the operator for communications between the operator's base station and the Police dispatcher. Each transfer ambulance vehicle shell further have capability to communicate with hospitals end other emergency services from transfer ambulance units. (5) Be staffed with et least one (1) person certified by the State of Texas es a basic emergency medical technician end one (1) person certified by the State of Texas as en emergency care attendant, who may also be the driver. (6) Contain a conspicuously posted schedule of fees and rates charged. (7) Be certified by the City es meeting applicable City ordinances end State laws as to emergency equipment end lighting. Sec. 27-176.4. Inspections (1) Prior to the issuance of any permit provided for in this Article or any renewal of such permit, the City Manager or his designated representative shell cause each ambulance vehicle operated or to be operated under such permit to be inspected for compliance with the applicable provisions of Sec. 27-176.J of this Article. (2) The City Manager or his designated representative shell issue a J inch by 5 inch certificate for every ambulance vehicle found to be in compliance with the applicable provisions of Sec. 27-176.J of this Article. The applicant for the transfer ambulance operator's permit shell cause such certificate to be displayed within each ambulance vehicle so approved. -4- . ' ,, (3) Every certificate issued in accordance with this section shall show the date of the inspection upon its face and shall be signed by the City Manager or his designated representative. The certificates so issued shall expire upon even date with any permit issued to an applicant under this Article. (4) No permit holder or applicant therefor shall allow an anbulance vehicle operated or to be operated by the permit holder or applicant to be placed in service upon the streets of the City of Lubbock, Texas until a certificate has been issued for such vehicle showing that it has been found to comply with the applicable provision of Sec. 27-176.3 of this Article. (5) An applicant may present an ambulance vehicle for reinspection in all cases where the vehicle has failed to pass its inspection upon the following conditions: A. A reinspection fee of $15.00 shall be paid to the City of Lubbock. B. Evidence is presented to the City Manager that any item of noncompliance with the applicable provisions of Sec. 27-176.3 has been corrected. C. Ten days notice of the reinspection is given to the City Manager. (6) The City Manager or his designated representative shall notify the City Secretary of each ambulance vehicle which has passed the inspection required by this Article and shall furnish to the City Secretary a list showing the Texas License Plate Nunber of each ambulance which has passed inspection and the date of the inspection which list shall be kept of record in the office of the City Secretary. A reinspected ambulance vehicle may be added to the above list upon notification of such fact to the City Secretary by the City Manager or his designated representative. Sec. 27-176.5. Permit Issuance When the requirements of Sections 27-176.1, 27-176.2 and 27-176.4 have been completed the City Secretary shall issue to applicant a transfer ambulance operator's permit which permit shall expire upon one year from date of issuance. Sec. 27-176.6. Permit Renewal. A transfer ambulance operator's permit may be renewed by the holder thereof provided said permit holder follows the same procedure for such renewal permit as herein set forth to obtain the initial permit and such renewal application is filed 45 days prior to the expiration of the existing permit. -5- Sec. 27-177. Transfer Ambulance Operations. It is the purpose and intent of the City Council of the City of Lubbock in creating Division 4 of Article V providing for transfer ambulance service within the City of Lubbock, to provide to the citizens and residents of this City, who are currently under a physicians care, with a mode of medical transportation under condi- tions which do not ordinarily constitute emergency circumstances as that term is defined in this Article. In accord with the afore- mentioned intent of the City Council the following operational requirements shall apply to every holder of a permit issued under this Division (4) of this Article: (1) During the hours of operation of the business conducted by the permit holder, there shall be available for duty a minimun of 2 transfer ambulance vehicles certified in accordance with the terms of Sec. 27-176.4 of this Division. (2) Every permit holder shall provide a person at the permit holder's principal place of business to receive all calls for service and dispatch vehicles certified under Sec. 27-176.4 in response thereto. This position shall be known as transfer ambulance dispatcher and shall be staffed during all hours of operation of the business conducted by permit holder. The transfer ambulance dispatcher shall perform the following duties: A. Record all incoming calls for service in such a manner that the recordings are clearly audible. B. Store and maintain all recorded incoming calls for a period of one year from the date the call was received. C. Make available to the City Manager or his designated representative any stored or maintained recording of incoming calls. D. In every instance where the transfer ambulance dispatcher receives an incoming call for service, that person shall verify the following: (1) That the person to whom the service is to be rendered is under the current care of a physician. (2) The name.and if available, the address of the attending physician. (3) The location of the person to whom service is to be provided and the destination where the person is to be delivered. -6- ·~·· . . (4) The name and address of the person requesting the service if said person is someone other than the person to be transported. (5) The items set forth in (1) through (4) above shall be reduced to writing in a daily log to be maintained by the transfer ambulance dispatcher which log shall be made available to the City Manager or his designated representative upon request. E. In every case where the transfer ambulance dispatcher receives a call or request for services the transfer ambulance dispatcher shall immediately inquire as to whether or not there is in existence at the time the call is received or the request for services tendered emergency circumstances as that term is defined in Sec. 27-126 of this Article. In the event that emergency circumstances are determined to exist at the time the call or request for services is received, the transfer ambulance dispatcher shall inform the person making the call or request of such fact and advise that the dispatcher will immediately relay the call to a person, partnership, corporation or govern- mental unit authorized to handle emergency calls, as that term is defined in this Article, by either the State of Texas and the City of Lubbock (if the latter is required), provided such person, partnership, corporation or govern- mental unit provides such service within the City of Lubbock. F. In all cases where the transfer ambulance dispatcher has received a call or request for services involving emergency circumstances as that term is defined in this Article, said dispatcher shall immediately relay the call as above set forth and shall enter the following information into the daily log required by this ordinance. (1) The time and date the call or request was received. (2) The name and address of the party making the call or request. (3) The name of the person, partnership, corporation or governmental unit to which the call or request has been relayed. G. In all cases where the transfer ambulance dispatcher cannot verify or confirm that the person requesting the service or the person to be transported is currently under a physi- cian's care, said dispatcher shall follow the same procedure as set forth in subparagraph (2)(F) of this section. -7- Sec. 27-177.1. Emergency Runs by Transfer Ambulances Not Permitted Exception. A permit holder under this Division or a vehicle operated by a permit holder under this Division shall not provide emergency service, es that term is defined in this Article, upon the streets of the City of Lubbock except under the following conditions: (1) In the event emergency circumstances, as defined in this Article, arise after the commencement of a transfer ambulance call, either before or after the patient has been picked up, a transfer ambulance may thereafter complete the cell es en emergency service run. (2) In the event that conditions occur that comply with subparagraph (1) of this section, the transfer ambulance operator shell do the following: A. Immediately notify the police dispatcher of the nature of the emergency and obtain permission from the police dis- patcher to complete the run es an emergency service run. B. Immediately notify the transfer ambulance dispatcher by radio of the nature of the emergency and said dispatcher shell note the feet of such notification in the daily log maintained by said dispatcher together with the time such notification was received. C. Within 10 days after the completion of an emergency service run the transfer ambulance operator shell file a report, with a copy mailed to the City Manager, of such run with the transfer ambulance dispatcher which report will contain the following information: (1) The time, place and nature of the emergency. (2) The place where the patient was transported to receive emergency care. (J) The length of time that elapsed from the occurrence of the emergency to point of delivery of the patient. D. The transfer ambulance dispatcher shell maintain ell reports required to be filed under this subsection for a period of one year from the date of such report end make them avail- able upon request to the City Manager or his designated representative. (3) In the event of a public emergency where it is necessary to provide emergency service to the citizens of the City of Lubbock, the City Manager may authorize a permit holder to provide emergency service but only for the duration of the emergency. -B- (4) When the City Manager is notified by an emergency service provider operating within the City of Lubbock that such service requires aid and assistance, then in such circumstances the City Manager may authorize the permit holder to respond on an emer- gency basis until such time as the City Manager is notified by the emergency service provider that it no longer requires such assistance. Sec. 27-177.2. Advertising. No transfer ambulance service may hold itself out to the public by advertising through any form or by any other means as being a licensed emergency service provider. All advertising undertaken by the permit holder of a transfer ambulance operator's permit shall stress that the service is a transfer service only and that emergency service is not provided. Sec. 27-178. Reprimand, Suspension or Revocation of Permit. (1) The City Manager or his designated representative shall investi- gate every written complaint filed with his office which com- plaint alleges that the permit holder has committed a violation of the grounds hereinafter set forth for reprimand, suspension or revocation of a permit issued pursuant to this Division. (2) Any one or more of the following items shall be grounds for reprimand, suspension or revocation of a permit issued under this Division: A. Operating a transfer ambulance vehicle upon the streets of the City of Lubbock when such vehicle has not met the inspection requirements set forth in Sec. 27-176.4 of this Division. B. Charging a fee for services rendered that is in excess of the schedule of rates, charges and fees filed by the permit holder with the City Secretary under Sec. 27-176.1 of this Division. C. failing to conspicuously post within every transfer ambu- lance vehicle: (1) A copy of the schedule of rates and fees for services on file with the City Secretary. (2) The inspection certificate required by Sec. 27-176.4 of this Division. -9- D. failure to properly maintain every transfer ambulance vehicle so that it is free of mechanical defects and suitable for transportation of patients from the standpoint of health, sanitation and safety. E. failure to maintain and have available for duty during the hours of operation of the business conducted by permit holder a m1n1mum of 2 transfer ambulance vehicles as required by this Division. f. failure to provide for and staff the position of transfer ambulance dispatcher as required by this Division. G. failure to do any of the following: (1) Properly record all incoming calla for service as required by this Division. (2) Store and maintain recorded calls as required by this Division. (3) Upon request, make any reports, recording or records required to be kept by this Division available to the City Manager. (4) To determine that the person making the request for service or for whom the service is to be rendered is currently under a physician's care. (5) To determine at the time the call or request for services is received as to whether or not there is in existence emergency circunstances as defined by this Article. (6) To immediately relay any call or request for services to those authorized to provide emergency service when required to do so by this Division. H. Operating a transfer ambulance vehicle as an emergency service vehicle when not authorized to do so in accordance with the terms of this Division. I. failure to comply with any of the terms and conditions of this Division. J. Conviction of the permit holder of a felony or a misdemeanor involving moral turpitude. -10- ... ', . K. Conviction of a driver of driving while under the influence of alcohol or of a driver or attendant of public intoxi- cation. (3) If the City Manager finds that grounds for reprimand, suspension or revocation do in fact exist, he shall reprimand the permit holder in writing, suspend the permit for a period not to exceed ninety days (90) or revoke the permit as the facts of each case warrant. (4) In each case where a permit is suspended or revoked such facts shall be communicated in writing to the permit holder by certi- fied mail return receipt requested and shall set forth the basis for the action taken by the City Manager. (5) In each case where a permit is suspended or revoked, the permit holder shall have a period of ten (10) days from receipt of the notice of such action to appeal the suspension or revocation of the permit to the City License and Permit Appeals Board under the requirements of the City Code of Ordinances for appeals to said Board. SECTION 4. THAT should any section, paragraph, sentence, clause, phrase or word of this ordinance be declared unconstitutional or invalid for any reason, the remainder of this ordinance shall not be affected thereby. SECTION 5. THAT violation of any provision of this ordinance shall be deemed to be a misdemeanor and upon conviction thereof punishable by a fine not exceeding two hundred dollars ($200.00). -11- •, SECTION 6. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this ordinance as an alternative method of publication as provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this 15th day of December, 1983. Passed by the City Council on second reading this 26th day of January , 1984. ATTEST: APPROVED AS TO CONTENT: anager APPROVED AS TO FORM: Ross, Jr., City At -12- THE STATE OF TEXAS COUNTY OF t.yBBOfK Before me onn e McKee a Notary P.ublic ll' and for Lubbock Countv. Texas on this dav personally appeared Twi I 8 Auf i I I' Acco un't MZlnZI er of the S~uthwestern Newsp~- pers Corporation. publishers of the Lubbock Avalanche-,Journal Morning. Evening and Sunday. who being by me duly sworn did depose and say that said newspi)per h11s been published continuously for more than fifty-two weeks prior to the first insertion of this Lel!a I Nottce-232 word&@66t Per WO rd-$153. l.2 No. 856907 at Lubbock County. Texas and the attached print- ed copy of the NO t 1 Ce is a true copv of the or~il)al and was printe.d in the Lubbock Avala[':1,Jgfnal on the following dales: JanuarY 28 & t-··eDruarY 4, 1YB4. Account Mzinzil!er LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this .!!!__ day of Feb r UZI rY FORM5 LEOIU.~s-· . JWF:~ QRDtMI.NCI!- , AN 'OllOfNANet! . . I U!CTtON l Off OIU)IN •lff OF THE CITY Of LUHOC:IJ, · $0 AS-TI) R1N "5E TMI! AL fflt, ING OF · THE PRIMA FA(;IE, SPEEO LIMITS ON .CERTAIN' PORTIONS OF SI.IOE ROAD, AS .-----------t' HEREINAnER MORI! PARllC• ULARLV OEll(lil.lleD II'!' THI; ,ooY1lF lHISOROINANC,f:1 DI• RECTING PLACEMl/iNT ·. OF . SIGNS WITH -RESPECT THERE· TO; REPEALING co_ NFLICTING_ OROlt,aANCES TO THE EXTENT OF $UCH CONFLICT; .AJ'!PL!Clt- . TtON OF THIS ·OR01»AN¢ QN· : LY TO THE STREET$ OR ltl.QK- WAVS HEREIN; PROVJO!fliG tHIS. ORDINANCE . SliALL BE I CUMULATIVE; PROVIOINO A . PE'NALT'Yl PROVIDING A Sl!·V: IKGS CL~~!;:: ANO f'ROVIQi ING FOR PU81.ICATION. DG\/ ,da. .. OROiN~I; NO.. U.24 AN OROINANCE, Af\M;.ND'lffG CHAPTER·. OF THE cot>E OIi 'OROINANCES OF THE CIU' OF LUBBOCK, TEAA$, 8¥ AOOING. , THERETO A MEW VO'tlNG f"illE·. C1NCT NQ. AS. CHANGING THE VOTING PLACE FOR VO"lilNG' · PRECINCT-NO. 5"' All!D VOTING PRECINCT' NO. G: PROVIDING A MAP. OF THE . VOTING. ~E• CINCU OF THE CITY OF L\JJ, SOCK: PROVIDING THAT Al.L PORTIONS OF CHAPTEit J NOT AMEl!OeD . SHALL' REMAIN THE SAMEi PROVIOIN.G A $AV• IN(;$ CLAV$E; AND . PRQVIP. lNG FOR PUl)l,.~1. ATI_ON, O.e25_ JCR:cl rO«., ~ce-~ .. _ING AN -QROl'NA"' -~ " . ARTICLE V, CHAPTER 21, Of' THE COOE OF OROINANCESOF THE CIT't -QF LUBBOCK 8Y AMENDING , THE LANGUAGE Of' SECTIONS'·27-126 ANO 27-lil<I ANO av 'ADDING THERETO A NEW OIVISION • .PERTAINING TO THE OPER_ATIOfil OF TRAl)I$· FER AM8ULANCIJ$ WITHl,N THE <;ITV OP LUBBOCK; PROV, IOING ,. FO A ' SAYINGS CLAUS!ii1 -P ~R A f'ENAl.ff: :-pjftlv;iQlftG FORAIBUU .19~