HomeMy WebLinkAboutOrdinance - 7162-1975 - Repealing Existing Article IV Of Ch. 31 - 10/09/1975I ' :.'v.,i -~ ·' KJ/dw ORDINANCE NO. 7162 ----AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY REPEALING THE EXISTING ARTICLE IV OF CHAPTER 31 THEREOF; ENACTING A NEW ARTICLE IV REGULATING AMBULANCES: REQUIRING A LICENSE; PROVIDING A PENALTY FOR ENGAGING IN THE BUSINESS OF FURNISffiNG AMBULANCE SERVICE WITHOUT A LICENSE; PROVIDING FOR PUBLICATION OF THIS DES-CRIPTIVE CAPTION AND THE PENALTY CLAUSE THEREOF. WHEREAS, the City Council has determined that it would be in the public interest, in order to assure continued reliable ambulance service to the citizens of the. City of Lubbock, to make the changes in ambulance service as indicated below; NOW THEREFORE: ... BE 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 the same is hereby amended by repealing the existing Article IV of Chapter 31 and enacting a new Article IV which shall read 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. The term "Ambulance 11 is defined as a vehicle for emergency care which provides a driver compartment and a patient compartment to acco...-nmpdate two emergency medical technicians and two litter patients so positioned that at least one patient can be given intensive life-support during transit; which carries equipment and supplies for optim.al emergency care at the scene as well as during transport, for two-way radio communication, for safeguarding personnel and patients u~der hazardous conditions.. and for light rescue procedures; and / which is designed and constructed to afford maximum safety and comfort, and to avoid aggravation of the patient's condition, exposure to complications and threat to survival. "Primary Units" are emergency ambulances in first line use aqd 11Back-Up Units11 are reserve units to be used in cas-e all Primary Units are in use. Back-Up Units shallmeet the standards and be equipped in the same manner as Primary Units. 2. Ambulance Operator. The person, partnership or corporatio holding a City of Lubbock Emergency Ambulance Permit.
•• •• I ... ,. KJ/dw 3. Attendant's Permit. A City of Lubbock Emergency Ambu-lance Attendant's Permit. 4. Attendant. Trained and qualified EMT graduate responsible for the operation of an ambulance and the care of the patients whether or not the attendant also serves as a driver. Shall be certified by the Texas Department of Health Resources within three months after employment. 5. Attendant-Driver. A person who is qualified as an attendant and a driver. "Driver" means an individual who drives an ambulance. 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. 8. Emergency Service. This shall include the emergency ambulance trip to the place of emergency, the rendering of first aid and assistance, and the trip to the hospital. 9. Emergency Circumstances. The existence of circumstances in which the element of time in giving emergency medical care and transporting the sick or injured for medical treat-ment is essential to the health or life of such person. 10. Non-Profit Emergenc_y 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. 11. Operator's License. A City of Lubbock Emergency Ambu-lance Operator's License. SEC. 31-32. Emergency Ambulance Operator's License Required. It shall be unlawful for any person, firm or corporation to engage in furnishing emergency ambulance service by operating or driving or causing to be operated or driven an emergency ambulance upon -2-
KJ/dw the public streets of the City of Lubbock without first having obtained a City of Lubbock Emergency Ambulance Operator's License, provided however, an ambulance operated by an agency of the United States and an· ambulance picking up a patient beyond the City Limits of Lubbock and delivering the patient to a desti-nation 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 License shall be filed 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 information with the application. Such application shall be subscribed and sworn to before a Notary Public. 1. The name and address of the owner or operator of the ambulance service. 2. A statement that the applicant has obtained or will obtain liability insurance in accordance with the require·ments herein-after 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 operator1s license will be issued until such insurance is in effect. 3. 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. 4. A statement that the applicant has been issued a permit (or assurance that the applicant will obtain a permit prior to issuance of an operator's license) by the Texas Department of Health Resources pursuant to authorization of Article 4590-b of the Texas Civil Statutes. No emergency ambulance license will be issued unless the applicant has obtained such a permit. 5. A description of each ambulance, (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 lengtfi: of time the ambulance has been in use; and the color scheme, insignia, name, monogram. and other distinguishing characteristics to be used to designate applicant's ambulance: including the current state license number. -3-
'• KJ/ dw 6. Applicant shall attach to his application a current financial statement. 7. Applicant shall submit a complete schedule of rates, charges, ·and fees 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 accompanied 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 applicant 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 three (3) consecutive days advising of a hearing to be held on said application. Such notice shall be to all holders of emergency ambulance licenses 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 requirements. The said notice shall set out the time and place of such public hearing 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 event such deposit is not sufficient, the applicant shall .im.mediately upon the request of the City Secretary pay the remaining sum of money necessary to pay such publication costs. SEC. 31-35. Determination Relating to Issuance of License. 1. Upon consideration of each application, the applicant shall not be granted an emergency ambulance operator's license unl~~ the City Council finds and determines that the public convenience and necessity will be served by the issuance of such license. The City Council shall also have the right to call any other witnesses, including a police investigation or report, that may be deemed necessary or appropriate. In all such hearings, the burden of proof shall be upon the -4-
' KJ/dw applicant to establish by clear • cogent and convincing evidence that the public convenience and necessity will be served by the granting of the emergency ambulance operatorts 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 Lubbock 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 Department. Police Department and Health Department and any other relevant and material evidence. B. The distance from the permanent address at which the applicant proposes to operate the emergency ambu-lance service to hospitals providing emergency service to the public. c. The number of emergency ambulances which are available to provide 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 information 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. -5-
.· ..... KJ/dw F. Financial responsibility of the applicant. G. Number of emergency ambulances for which emergency ambulance operator1s license are requested and the hours during the day and days during the week that the applicant proposes to furnish such service. H. In the event the applicant has previously participated in furnishing emergency ambulance service~ evidence as to whether the applicant 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 fro~ 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~ operated and/ or leased by the applicant~ for injury to or death of persons in accidents resulting from any cause for which the owner of said vehicle would be liable on account of anylliability 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 $100,. 000.00 for injury to any one person, $300,000.00 for any one accident and $100,000.00 for injury to property in any one accident. 1. Continuance>~ After Recovery. Every such policy of insurance shall continue to the full amount thereof, notwithstanding any recovery thereon~ and the liability of the insurer shall not be affected by the insolvency or bankruptcy of the assured. The policy shall be for the benefit of any and all judgment creditors and shall name the City of Lubbock as an additional insured. 2. Coverage Period. Every insurance policy required here-under shall extend for the period to be covered by the license -6-
) KJ/dw 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 cancellation 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 emergency ambulance licenses shall terminate on December 31, of each year. Before the termination date, such license may be renewed by paying a fee of Six and no/100 Dollars ($6. 00) and filing it with the City Secretary, who will notify the City Council of all pending applications. The Council, at its di-scretion, may review the applications before renewal becomes final. SEC. 31-39. Changes in Partnership or in Officer of Corporation -or Any Changes in OwnershiJ2• All changes in the partnership or in the officers of the corporation, or any changes in ownership which holds an emergency ambulance 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. Aperoval of Subsequent Charges by City Council. Any subsequent changes in approved rates,. charges and/ or fees shall be submitted by a licensee to the City Council for approval. SEC. 31-41. Condition of Ambulance and Sueplies Required. No emergency ambulance shall be operated on the public streets of the City unless it complies with the following requirements: 1. Each ambulance shall, at all t.imes when in use as such: (a) Be suitable for the transportation of patients from the standpoint of health, sanitation and safety, and be maintained in suitable premises; -7-
> .... , KJ/dw (b) Contain equipment and supplies conforming with the standards, requirements and regulations provided for herein, which equipment shall be in proper and good con-dition for such use: (c) Ambulances shall meet the standards for ambulances recommended by the U.S. Department of Health, Education and Welfare's Publication No. 1071-C-3 entitled "Medical Requirements for Ambulance Design and Equipmene', said publication being hereby incorporated by reference as a part of this Ordinance as if fully copied herein in detail, a copy of which publication shall be filed as part of the City Secretary's records_. (d) Be equipped with a two-way radio :w'hich transmits and receives on frequencies designated for use by the Federal Communications Commission between each vehicle and the operator's base station. Radio communi-cation to and from such ambulances shall be the sole responsibility and expense of the operator who shall dispatch emergency vehicles in coordination with and by the knowledge and approval of the Police Dispatcher. In addition, a two-way radioxomplying with FCC rules and regulations or its equivalent, shall be installed by the operator for communications between each vehicle and the police dispatcher. Each ambulance vehicle shall further have capability to communicate with hospitals and other emergency services from ambulance units. The operator shall provide at its expense straight line telephone connection to the Police Department of the City of Lubbock, which shall be manned twenty-four (24) hours per day every day. 2. The emergency ambulance has no serious impairment of any safety feature resulting from an accident or other-wise. -8-
' ' -... KJ/dw 3. The emergency ani>ulance is equipped with the following: (1) First Aid Supplies as recommended by the Texas Department of Health Resources for ambulance licensing. (2) In addition to necessary equipment and supplies for emergency ambulances as recommended by the Texas Department of Health Resources and the Lubbock City-County Health Department~ all emergency ambulances shall further contain necessary supplies and equipment for Emergency Medical Trained Personnel~ including but not limited to "Essential Equipment for Ambulances" as reconnnended by the Committee on Trautm1 A~rican College of Surgeons~ which recommendation is hereby adopted. 4. Have one or more attendants in addition to the driver who comply wi.th Sec. 31-44.4. 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 Department 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 inspection 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 from the ambulance operator until the vehicle has passed inspection. In 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. -9-
~ . •., KJ/dw l. It shall be unlawful for any person to operate or drive an emergency 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 Permit. 2. It shall be unlawful for any person to act, serve or accompany the driver of an emergency ambulance in the capacity of 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 Driver1s Permit -Attendant's Permit. Emergency ambulance drivers and attendants shall have the following qualifications 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 a Driver's Permit must be the holder of a Texas Chauffeur's License. 2. The applicant for a Driver's Permit must demonstrate a familarity with the streets and avenues of the City of Lubbock by written or oral examination. 3. The applicant for a Driver's Permit shall not be eligible if he has been convicted of a felony 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. Each applicant for Attendant or Driver's Permit, must have a currently valid certificate evidencing successful completion of a course as an Emergency Medical Tech-nician from an accredited school or college. In addition, the applicant must have (or within three months must obtain) a currently valid EMT Certificate issued by the Texas Department of Health Resources. -10-
. '-· ... KJ/cab 5. In addition., the application shall show the following: A. The applicant's full nameJ current residence, places of residence for ten (10) years previous to moving to his present address, and the length of time he has resided in the City of Lubbock. B. The applicant's age, height, color of eyes and hair. C. Whether he has ever been convicted of a felony or misdemeanor, and if so., when and where and fro 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, or attendant-driver, and if soJ when and where and whether his license has ever been revoked or suspended in any jurisdiction 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 issuanc of emergency ambulance drivers' permit. If the applicant is so quaii-fied, the City Secretary shall issue 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 applicatiOl.l. A denial of a permit shall be appealable to the City Council. SEC. 31-46. Use of Red Lights, Horns, Sirens and Obedience to Traf fie Regulations. The driver of any ambulance, when on an emergency run, may use red lights., horns, sirens and may proceed in the manne and at the speed provided for in the Code of Ordinances of the City of Lubbock and the State laws, but shall not be granted any further privileges hereunder. SEC. 31-47. Response to City Originated Emergency Calls 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 accep-tance of such calls shall be a condition for the continuation of the license to operate such ambulance or ambulance service. ~n-
'• A .... ~ . .. .. -· r: * ... KJ/dw 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 provide1 keep and maintain for service not less than the munber of emergency ambulances indicated on the original application and to pro-vide adequate personnel available to operate each ambulance which shall be a condition for the continuation of the license to operate such ambu-lance service. A minimum of two 'ambulance sub-stations and a mini-mum of two primary ambulances and crews and one back-up ambulance and crew shall be available fro·m 8:00 a.m. to 12:00 p.m. midnight and one primary ambulance and crew and one back -up ambulance and crew shall be available daily from 12:01 a.m. to 7:59 a.m. for emergency calls within the City of Lubbock. Such ambulance locations are to be based upon an analysis of emergency response data to determine appropriate districts to maintain an average five-minute response time within the City Limits of Lubbock. SEC. 31-49. SusEension or Revocation of License. 1. The Chief of Police may1 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 of1 any applicable provisions, standards or requirements of this Ordinance, or of regulations promulgated hereunder, or for any reason a driverr s permit 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 licensee shall be afforded a hearing before the Chief of Police after request from Licensee. The Chief of Police shall, within ten (10) days after conclusion 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. Suspension of any ambulance license shall be subject to appeal to the City Council of the City of Lubbock. 2. The driver or attendant1 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: -12-
~~ ..... •• • <t .. 4'\~ .. ...... .. t' . . . ' KJ/dw A. Upon conviction for violation of any State or Federal law declared to be a felony or involving moral turpitude. B. For conviction of drunkenness while the permittee is on duty as an ambulance driver or attendant. An appeal of said conviction shall not 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 identification card. E. Failure to respond to an emergency call. 3. The initial, semi-annual or other ambulance, equipment and premises inspection reports herein provided for shall be prima facie evidence 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 a:mbu-lance license hereunder, operation of such ambulance shall cease. Upon suspension, revocation or termination of a driver's, attendant• s or attendant-driver's permit hereunder, such driver, attendant or attendant-driver shall cease 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 therewith the reasons for such revocation or suspension and the term thereof. SEC. 31-50. Chief of Police to Sueervise. It is the intent of this Ordinance that the citizens of the City of Lubbock shall at all times have adequate and necessary ambulance service, and to this end the Chief of Police is authorized to generally supervise and enforce this Ordinance and prescribed 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 which shall be recorded the date, time of day, response time, place of origin, destination and charges for each trip made by such vehicle. -13-
~-~ ., .... -ol .. , .. ,.:, • . . KJ/dw 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 E-mergency Calls. (a) It shall be unlawful for any licensed operator to respond to a direct call without first having called the police Emergency Dispatcher immediately upon receipt of such direct call, giving the location of the patient and having received clearance from said Dispatcher to make said emergency call. (b) On notification of a direct emergency call, the Police Emergency Dispatcher shall authorize and direct the licensed operator to make said call and shall inform all persons subse-quently reporting said call that the emergency call is already being responded to by the assigned licensed operator, provided, in cases where additional ambulances are needed, the Emergency Dispatcher shall authorize the making of such calls by such other operators as are needed. SEC. 31-53. Selection of Hospital. The operator on an emergency call shall carry the patient to the hospital selected by the patient or his family, In the event no preference is indicated or cannot immediately be made, the patient shall be carried to the nearest hospital with facilities capable of treating the patient's injury or illness. Violation of this section will be grounds for suspension of an operator's license. SEC. 31-54. Quarterly Report. Each operator shall furnish to the City Manager of the City of Lubbock a full, complete and com-posite quarterly report in writing showing its operations during the preceding 3 months for the emergency ambulance service. This shall include the emergency vehicle records referred to in Sec. 31-51. Such report shall be due 20 days after the end of each 90 days of operation. The reports shall include accurate inform-ation relating to revenues, expenses, the status of delinquent and uncollectable accounts, and call statistics including date, time of day, response time, emergency location, and any other data deemed necessary by the City Manager so that the City will have sufficient financial and operational information. Each operator shall keep detailed and completely separate books, records and operating statistics of the emergency ambulance operations, excluding any and all other business enterprises in which the opera-tor may be engagedJ which will be subject during reasonable business hours to examination and audit by the City of Lubbock. Each operator shall continuously revise and update its forms and improve time taking measures of calls, dispatching, and the like so as to constantly improve its operations. -14-
KJ/nh SEC. 31-55. Penalties. 1. Any person violating, or failing to comply with, any other provision 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 provision of this Ordinance shall be deemed guilty of a misde-meanor and upon conviction 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 Ordinance 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 curmlation of penalties. SECTION 2. Separability. If any section, subsection, sentence, clause, or phrase or portion of this Ordinance is for any reason held invalid or un-constitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTIONS. Repealing Clause. All ordinances or parts of ordinances in conflict with or inconsistent with the provisions of this ordinance are hereby repealed; provided"that said repeal shall apply only to the extent of such conflict 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. AND IT IS SO ORDERED. -"Passed by the Ci.ty Council on first reading this.9J:.h.day of October Passed by the City Council on second reading thiS23rd:Jay of October ~ )Y ATTEST: BASS, MAYOR I 1975. ~, 1975. ~