HomeMy WebLinkAboutOrdinance - 8525-1984 - Amend. Artic. V, Ch. 27 By Amend. Language Of Sec. 27-126 And 27-146 - 02/06/1984~I
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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
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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.
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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.
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(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.
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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.
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(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.
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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.
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(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.
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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.
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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).
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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
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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-$153. l.2 No. 856907 at Lubbock County. Texas and the attached print-
ed copy of the NO t 1 Ce is a true copv of the or~il)al and was printe.d in the Lubbock
Avala[':1,Jgfnal on the following dales: JanuarY 28 & t-··eDruarY 4, 1YB4.
Account Mzinzil!er
LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this .!!!__ day of Feb r UZI rY
FORM5
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JCR:cl rO«., ~ce-~ .. _ING AN -QROl'NA"' -~ " . ARTICLE V, CHAPTER 21, Of'
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THE CIT't -QF LUBBOCK 8Y AMENDING , THE LANGUAGE
Of' SECTIONS'·27-126 ANO 27-lil<I
ANO av 'ADDING THERETO A NEW OIVISION • .PERTAINING TO THE OPER_ATIOfil OF TRAl)I$· FER AM8ULANCIJ$ WITHl,N
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