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HomeMy WebLinkAboutORD 630 (1974) ORDINANCE NO. 630 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO THE LICENSING AND REGULATION OF AMBULANCES 4 The City of Tustin, California does ordain as follows: 5 1. Sections 3600 through 3624 comprising Chapter 5 of 6 Article 3 are hereby added to' the Tustin_City Code, to read as V follows: 8 CHAPTER 5: AMBULANCE REGULATIONS - 9 Sections: 3600 Definitions. 10 3601 Certificate of Public convenience and Necessity. 3602 Application for Certificate. . 11 3603 Filing Fee. .3604 Public Hearing; Notice of Hearing. 12 3605 Issuance of Certificate. 3606 Form of Certificate. 15 3607 Duration of Certificate 3608 Periodic Inspection, 14 3609 Grounds for Revocation. 3610 Transfer of Certificate- 15 3611 Additional Vehicles- 3612 Substitution of Vehicles. 16 3613 Public Liability insurance- 3614 Rates for Ambulance Service. 17 36.15 Standards for Ambulance Equipment; Rules and Regulations. 18 36 16 Permit for Dr ivers and Attendants. 3617 Application for Driver's and Attendant's Permit. 19 3618 Issuance of Permit. 3619 Form of Driver ' s and Attendant' s Permit. 20 3620 Revocation of Permit. 3621 'Standard of Service. 21 3622 File Reports with Police. 3600 Definitions. (a) "Ambulance" means any privately or publicly-owned motor vehicle that is specially designed or constructed, and equipped, and is intended to be used for and is maintained or operated for, the transportation of patients, includi~ dual purpose police patrol cars, which otherwise comply with the provisions of this Chapter, except any such motor vehicle owned by, or operated under the direct control of, the Federal Government. (b) "Ambulance Attendant" means a person whose primary 28 duty is to care for sick, injured, or disabled persons while they are being transported in an ambulance. 29 (c) "Ambulance DriVer" means a person whose primary duty 50 is to drive an ambulance. (d) "Ambulance Operator" means any person, firm, partner- ship, corporation or other organization which furnishes or offers to furnish ambulance service within the City. 3 (e) "Patient" means a sick, injured or disabled person who is transported by an ambulance. 4 ~-- 3601 Certificate of Public Convenience-and Necessity. 5 No person shall operate any ambulance or offer to provide am- bulance service on the streets of the City without first having 6 obtained a certificate of public convenience and necessity in accordance with the requirements of this Chapter. (a) ExCeptions. The requirements of this Chapter shall 8 not apply to: 9 1. Ambulance service provided by any gov.ernmenta'l agency; 10 2o Ambulance operators who do not have an office 11 within the City, and whose activities within the City are limited to transporting patients.from locations outside the 12 City to locations within the City. 13 3. Ambulance operators who are rendering assistance in 'the case of a major catastrophe or emergency which the licensed 14 ambulance operators of the City of Tustin are inadequate to handle 15 3~02 Application for Certificate. An application for a certificate of public convenience and necessity to operate an 16 ambulance service shall be filed with the License and Permit- _ Board upon forms provided by the City, which shall be verified 17 and shall contain the following ~nformation: 18 (a) The name, business address. and business telephone number of the applicant. 19 (b) If the applicant proposes to conduct bhsiness under a~ 20 fictitious name, the application shall state the name, address and telephone number of each person owning a financial interest 21 in the business. (c) The name, address and telephone number of the person, or persons, who wil't have general management responsibility for the applicant's business. ~4 (d) A financial statement prepared by a certified. public accountant showing the financial status of the applicant during 25 the past two years preceding the application. (e) A statement of the experience of the principals in th& business of operating an ambulance service. (f) The year of manufacture, make, model, motor number, 28 State license number and patient capacity of each ambulance which __ the applicant proposes to use in the operation of its business. (g) The addresses and a description of the facilities at 50 each fixed location within the City which applicant proposes to use in connection with its operations. -2- (h) Any facts which the applicant believes tend to prove that the public convenience and necessity requires the granting of a permit to the applicant. (i) A complete schedule of fees which the applicant propose to charge for its services. (j) A description of the color scheme,monogram, advertis~"g or other distinguishing characteristics to be used to designate the applicant's ambulances. (~) Such other information as the License and Permit Board may reasonably require. 3603 ~iling Fee. An application' as required by this Chapter shall be accompanied by a filing fee of plus for each ambulance which applicant proposes to operate with'in the City, to cover the administrative cost to the City of pro- cessing the application. 3604 Public Hearing; NOtice of Hearing. (a) Upon the filing of ~.a completed application for a certificate of public convenience and necessity to operate an ambulance service, the License and Permit Board shall refer the application to the Chief of Police and other appropriate City departments for an investi- gation and report. The License and Permit Board shall set a time and date for a public hearing, at which time it. will consider the application. (b) Notice of the hearing shall be published in the official newspaper of' the City at least once,not less than 10 days prior to the date scheduled for the hearing. In addition, written notice shall be given to each person holding a certific~ for the operation of an ambulance service, at least 10 days pric to the date of the hearing. 3605 Issuance of Certificate. After' consideration of all evidence which it deems relevant, at the public he'aring, the License and Permit Board shall determine whether to issue or deny the requested certificate of public convenience and necessity. In reaching a decision, the License and Permit Board shall con- sider the following factors: (a) Whether th~ applicant is qualified on the basis of moral character, experience in the ambulance business, and financiE responsibility~ (b) Whether the number of ambulances already operating with~ the. City is adequate to meet the public need; (c) The proba~'le effect that approval of the application would have on the level and quality of service available to the public; (d) Whether the facilities, personnel and equipment which the applicant proposes to use are adequate. 3606 Form of Certificate. If the License and Permit Board determines that the public convenience and necessity require.~ the proposed ambulance service, a certificate authorizing such service shall be issued to the applicant. In granting a certifica~ the License and Permit Board shall specify the number of ambulance~ that may be operated pursuant to said certificate and the certi- ficate shall contain a description of each ambulance which the certificate holder will be permitted to operate within the City. A certificate shall not be issued to any person who shall not have fully complied with all the requirements of this chapter. 3607 Duration of Certificate. A.Certificate of public .convenience and hecessity for the operation of an ambulance service issued pursuant to this Chapter shall be valid for an indefinite period of time, unless such certificate is suspended or revoked. 3608 PeriOdic inspection. Subsequent to the issuance of a certificate of public convenience and necessity pursuant to this Chapter, the Chief of Police shall cause to be inspected each licensed ambulance, its equipment and the premises of the certificate holder whenever the Chief of Police deems such inspection to be necessary, but in any event at least once each year. 3609 Grounds for Revocation. Any ce~rtificate or permit granted pursuant to the provisions of this Chapter may be revoked by the License and Permit Board either in whole or in part, after 5 days' prior written notice to the certificate or permit holder, directing him to appear at a certain time and place to show cause why the certificate-should not be revoked, on any of the following grounds: (a) That the certificate holder has not filed adequate evidence of liability insurance coverage with the City Clerk, or has allowed its insurance coverage to lapse or be cancelled; (b) For the violation of any rule, ~egulation or condition set forth in or authorized by this Chapter, or made a condition of the certificate of public convenience and necessity; (c) For the violation of any laws of the State or City with respect to the operation of the business by any certificate holder, or repeated .violations by employees or the certificate holder; (d) For failure to maintain satisfactory service to the public, or for failure to keep any ambulance in a safe and sanitary condition, or for deviation from the schedule of rates ap~roved by the License and Permit Board. 3610 Transfer of Certificate. No certificate issued pursuant to the provisions of this Chapter shall be transferable, either by assignment., sale, hypothecation, operation of law, or otherwise, without the permission of the License and Permit Board having been first obtained. Application for transfer of any certificate shal 1 be subject to the same terms, conditions and requirements as in an application for an or~iginal certificate. In approving the transfer of an existing certificate, the License and Permit Board may impose such conditions as it may determine are in the public interest. o. -4- 3611 Additional Values. Any person holding a'certificate to operate one or more ambulances pursuant to this Chapter, who desires to add to the number of such vehicles, shall do so only after first obtaining the consent 'of the License and Permit Board; which shall be granted if the License and Permit Board determines that the approval of such additional ambulance or am- bulances would be in accord with the public convenience and neces- sity under the standards set forth in subsections-(b), (c) and (d) of Section 3605. 3612 Substitution of Vehicles. Any person holding a certificate to operate one or more ambulances as provided in this Chapter, who desires to substitute a different vehicle for a vehicle authorized under such certificate, shall do so only after obtaining th~ approval of the Chief of Police, which shall be granted only upon written application by the certificate holder, and upon a satisfactory report being made by the Chief of Police concerning the suitability and mechanical condition'of the vehicle, a copy-of which shall be furnished to the certificate holder. If the certificate holder is dissatisfied with any decisic of the Chief of Police made pursuant to this Section, he may appeal to the License and Permit Board. '3613 Public Liability Insurance. No holder of a certificate to.operate an ambulance service shall drive or operate an ambulance or cause the same to be driven or operated, in the City unless there is on file with the City Clerk, and in full force and effect at all times while such ambulance is being operated, a policy of insurance approved by the City Attorney evidencing that the certificate holder is insured' under a policy of liability insurance providing minimum coverage in the following amounts: Death or injury of one person, $300,000; death or injury of. two or more persons-, $500,000; damage to property, $50,000. Said policy shall further provide that the City shall be given 30 day prior written notice of any cancellation, termination or change in the amount of such insurance coverage. Fai. ture of any certificate holder to maintain the insurance required by this Section shall constitute grounds for revocation of its certificate of public convenience and necessity. 3614 Rates for Ambulance Service. Each holder of a certificate of public convenience and necessity for the operation c an ambulance service shall file with its application for a certificate a proposed schedule of rates to be charged for the transportation of patients in all ambulances operated by said certificate holder. After approval by the License and Permit Board said rates shall not be changed or modified in any manner without the prior approval of the License and Permit Board. certificate holder shall charge rates other than those so approved. The License and Permit Board may on its own motion hold a hearing at any time for the purpose of determining whether previously approved rate structures are established at a level which will result. in a reasonable degree of competition among the certificate holders operating within the City, provide a fair return to said' certificate holders on their investments, and provide a high quality a~ulance service to the public. Prior to changing any schedule of rates previously approved for an existing certificat~ holder, the License and Permit Board shall hold a .public hearing after giving 10,.days' prior written notice to all certificate holders and/or applicants,and publication of said proposed rate changes in the official newspaper of the City at least once, not less than 10 days prior to the date of'said hearing. Every certificate holder shall post in a conspicuous place in the interic -5- 1 of each ambulance operated by said certificate holder the approved rate schedule in a form and location upproved by the Chief of ~ Police. 3 3615 Standards for Ambulance Equipment; RUles and Regulations. 4 (a) Each ambulance shall be equipped with a two-way radio 5 and such equipme~.t as the License and Permit Board shall determine to be adequate for dressing wounds, splinting fractures, controllin~ 6 hemorrhaging and prorid ing oxygen. 7 (b) The License and Permit Board shall have the authority to make rules and regulations nomt inconsistent with this Chapter 8 concerning standards 'for required equipment in ambulances. Prior to adoption of such rules and regulations by the License and Permit 9 Board, the holders of all certificates of public convenience and necessity for the operation of ambulance services shall be furnishei 10 with a copy of the proposed rules and regulations,and shall be advised in writing by United States mail of the time and place 1! at which the License and Permit Board will hold a public hearing to! consider the adoption of said rules, at least 10 days prior to 12 the date of sa-id public hearing. Fo. iiowing adoption by the License! and Permit Board said rules and regulations shall be filed with t3 the City Clerk and shall constitute enforceable provisions of this Chapter. In determining the adequacy of equipment, the Chief 14 of Police shall take into consideration the current list of minimal! equipment for ambulances adopted by the American College of Surgeon~ 15 or its duly authorized Committee on Trauma. Each holder of an 16 amaDulance operator's permit shall comply with such regulations as may be adopted by the License and Permit Board. I? 3616 Permit for Drivers and Attendants. (a) No person shall drive, or serve as an attendant of an ambulance subject to 18 the requirements of this Chapter without first obtaining a permit in writing to do so from the Chief of Police. 19 (b) No person shall operate an ambulance for hire unless 20 he shall hold a valid chauffeur's license and an ambulance driving certificate issued by the Department of Motor Vehicles. 21 3617 Application for Driver's and Attendant's Permit. pAenr 22 applicant for an ambulance driver's or ambulance attendant's mit' shall file his application with the License and. Permit Board on 23 forms furnished by the City together with an application fee of ~lo "-~ - Each applicant shall submit with his application three (3) 24 recent photographs of himself of a size designated by the License and Permit Board. To be eligible for either type of permit, an 25 applicant must be at least eighteen (18) years of age. 26 3618 Issuance 6f permit. The Chief of Police shall conduct an investigation of each applicant for an ambulance driver's or 27 ambulance attendant's permit, and may refuse to issue such permit, and may suspend or ~evoke a permit previously granted, on any of 28 the following grounds: 29 (a) If the applicant is addicted to the use of alcoholic 30 ;~' beverages, dangerous drugs or narcotics, or is not of good moral character; 3! 1 (b) If the applicant for a driver's permit had been convicted three or more times within the past year for 2 violation of any law or ordinance regulating the operation of motor vehicles, other than non-moving violations, such as 5 parking; 4 (c) If the applicant had been convicted within the past three years of a crime involving moral turpitude, the 5 use or possession of narcotics, or for operating a vehicle while under the influence of intoxicating liquors, or reckles 6 driving'; 7 (d) If-th~ applicant does not possess either an Advanced American Red Cross First Aid Certificate or an Advanced First 8 Aid Certificate issued by the United States Bureau of Mines; 9 (e) If th~ applicant is unable to produce at any time, and not less frequently than once a .year., a certificate of a duly 10 licensed physician stating that the applicant is in the opinion of such physician free of communicable disease and physical 11 disability which would impair his ability to performshis duties. !2 36i9 Form of Driver's and Attendant:s Permit. The permit shall be in the form of a card which shall bear the signature, 13 photograph, and fingerprints of the applicant. Such card shall2 issued in duplicate, and one copy shall be placed on file with tl 14 Police Department. The other card shall be carried on the perso2 of the permittee at all times while on duty as an ambulance 15 driver or attendant. 16 3620 Revocation of Permit. The Chief of Police may revoke any permit issued by him when~ in his opinion, the permittee ~-~ 17 unfit to serve as an attendant or driver of an ambulance, on ~ ~ basis that (a) he obtained the permit by fraud or misrepresenl i8 tion; (b) he has violated the provisions of this Chapter or any other State or municipal law relating to his duties; or (c) he 19 has ceased to meet the requirements that justified the original issuance of the permit. Any permittee who ~s dissatisfied with 20 the decision of the Chief of Police in suspending or revoking his permit may file a written notice of appeal with the License ~1 and Permit Board within 30 days after receiving notice of the action of the Chief of Police. 3621 Standard of Service. Any person holding a certificate ~5 of public convenience and necessity to operate an ambulance ser- vice within the City shall provide ambulance service on a 24-houx 24 basis, 7 days a week. ~5 3622 File Report with Police. Within one-ha~lf hour after conveying any dead person or person who dies en route, to any ~6 public or private hospital~ or removing any such person from any place within the City to another place within the City or ~7 beyond its-limits, a person owning or operating'an ambulance hereunder, his agent or employee, shall notify the Police 28 Department of such operation. Such notice shall g~ve the name and address of such person when such information is available 29 and the place to and from which such person was removed. The Chief of Police, in his discretion, may establish a policy 30 requiring that any person owning or operating an ambulance hereunder, hi~' agent or employee, shall within 24 hours. after 3t removal of any such person file a written report to the Police Department giving the information r~quired above, and any other 5~ relevant information which the Police Department may require. The Police Department shall provide forms upon which the information required under this section shall be written.. -7- ~ PASSED AND ADOPTED at a regular meeting of the City Council 2 City of Tustin, California, held on the 19th day of August 1974. 6 ATTEST: 10 jGR: j s 6-26-74 ~ 11 14 16 18 i9 20 ~4 D0 -8- 'STATE OF CALIFORNIA) COUNTY OF ORANGE )SS CITY OF TUSTIN ) RUTH C. POE, City Cle~ and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 630 was duly and regularly introduced and read at a regular meeting of'~he City Council held on the 5th day of August , 1974 ,.aDd.was given it~ second reading and duly passed and adopted at a regular meeting held on the 19th day of August , 1974, by the following vote: AYES: COUNCILMEN SHARP, SALTARELLI, EDGAR NOES: COUNCILMEN NONE ............ ABSENT: COUNCILMEN LANGLEY, WE~H ....................... Ei~y Clerk, City of Tustin, Call~rni~