HomeMy WebLinkAboutORD FOR ADOPTION 11-02-81ORDINANCES FOR ADOPTION
11-2-81
NO. I
AGENDA ITEM:
ORDINANCE NO. 860
An Ordinance of the City Council of the City of Tustin, California,
AMENDING TITLE 3, CHAPTER 4, PART 2 OF THE TUSTIN CITY CODE REGARDING
THE REGULATION OF AMBULANCES
BACKGROUND:
Ordinance No. 860 had first reading by title only and introduction
at the October 21, 1981 meeting.
RECOMMENDATION:
M.O.- That Ordinance No. 860 have second reading by title only.
M.O.~ That Ordinance No. 860 be passed and adopted.
(Roll Call Vote)
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ORDINANCE NO. 860
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING TITLE 3, CHAPTER #,
PART 2 OF THE TUSTIN CITY CODE REGARDING THE
REGULATION OF AMBULANCES
The City Council of the City of Tustin, California, does ordain as follows:
1. Section 3#23.5 of the Tustin City Code is amended to read as follows:
"3423.5 Investigation and Public Hearing By City License and Permit Board.
a Upon the receipt of a completed application for ambulance service or
convalescent transport service, together with the application fee es-
tablished by resolution of the Board of Supervisors, the Health Officer
shall conduct an investigation. When the Health Officer has completed
the investigation, a copy of the application and a report by the Health
Officer shall be transmitted to the City License and Permit Board
which shall then conduct a public hearing, reviewing the application,
report and recommendation of the Health Officer, recommendations of
the City Staff, and evidence provided by the applicant, to determine if
the public health, safety, welfare, convenience and necessity require
the granting of a license and to further determine if the applicant
meets all the requirements of this part. In making such determination
the City License anti Permit Board shall consider, among other things,
the demand for ambulance service and the adequacy of existing service.
At least 15 days written notice of said hearing shall be given by
registered mail to the applicant, to all persons holding ambulance
service licenses ano to appropria~'e City ano County officials. Notice
shall be given to the general public by posting in the Orange County
Hall of Administration and City Hall at least 15 days prior to said
hearing. A copy of the notice shall be sent to the Health Officer.
b Determinations of the License and Permit Board may be appealed to
the City Council by filing a written notice of appeal with the City
Clerk within 10 days of the action taken by the License and Permit
Board. The City Council may in its discretion limit its review to the
record of the proceedings of the License anO Permit Board or conOuct a
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new hearing. The City Council shall provide notice in the same manner
as required of the License and Permit Board in Section 3423.5 above.
Determinations of the City Council shall be final.
c Notice of the actions taken by the License and Permit Board or the
City Council shall be transmitted to the Health Officer when final."
2. Section 342#.0 of the Tustin City Code is amended to read as follows:
"3424.0 Issuance or Denial of License.
a Following the final determination by the City as provided above, the
Health Officer may issue a license to conduct an ambulance service or
convalescent transport service if he finds:
(1) That the applicant has successfully proven need and necessity to
the License and Permit Board or to the City Council if an appeal
has been made pursuant to Section 3423.5 b.
(2) The applicant is financially responsible and otherwise able to
provide the requested service.
(3) The applicant and any officers of applicant are of good moral
character and are likely to provide ambulance services in a
satisfactory manner. In making said determination the Health
Officer shall consider whether any such person:
(a) Has previously provided satisfactory ambulance services;
(b) Has committed any act which, if committed by any licensee,
would be grounds for the revocation of a license issued
pursuant to this division.
(c) Has commited any act involving dishonesty, fraud or deceit
with the intent to injure another or benefit himself or
another;
(d) Has previously violated the terms of this division;
(e) Has been convicted of a felony or a crime involving moral
turpitude;
b In determining the effect of the above acts or convictions, the Health
Officer shall consider whether they are related to the activities of an
ambulance service or convalescent transport service and shall evaluate
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the rehabilitation of such a person.
c In the event of denial, the applicant shall be informed in writing of the
reasons therefor."
3. Section 3#26.2 of the Tustin City Code is amended to read as follows:
3#26.2 Appeal to the Health Officer.
Except as provided in Section 3#23.5 b, in the event of denial, suspension,
revocation of a license, or attendant or driver certificate, the applicants or
licensee or certificate holder shall have the right to request a hearing before
the Health Officer. Said hearing shall be requested and conducted in the
manner specified in Section 5-2-19 of the Codified Ordinances of Orange
County."
PASSED AND ADOPTED at a regular meeting of the City Countil of the City
of Tustin, California, held on the ~ day of , 1979.
MAYOR
ATTEST:
CITY CLERK
RLL:kvI:D:7 / 6/79
3GR:se:R:7/19/79
T/O/Ambulances D: 1