Loading...
HomeMy WebLinkAboutORD 0860 (1981) 1 ORDINANCE NO. 860 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TITLE 3, CHAPTER 4 5 PART 2 OF THE TUSTIN CITY CODE REGARDING THE REGULATION OF AMBULANCES ' 5 The City Council of the City of Tustin, California, does ordain as follows: 6 1. Section 3~23.5 of the Tustin City Code is amended to read as follows: 7 "3~23.5 Investigation and Public Hearing By City License and Permit Board. 8 a Upon the receipt of a completed application for ambulance service or 9 convalescent transport service, together with the application fee es- 10 tablished by resolution of the Board of Supervisors, the Health Officer 11 shall conduct an investigation. When the Health Officer has completed 12 the investigation, a copy of the application and a report by the Health 15 Officer shall be transmitted to the City License and Permit Board 14 which shall then conduct a public hearing, reviewing the application, 15 report and recommendation of the Health Officer, recommendations of 16 the City Staff, and evidence provided by the applicant, to determine if lV the public health, safety, welfare, convenience and necessity require 18 the granting of a license and to further determine if the applicant 19 meets all the requirements of this part. In making such determination 20 the City License and Permit Board Shall consider, among other things, 21 the demand for ambulance service and the adequacy of existing service. 22 At least 15 days written notice of said hearing shall be given by 25 registered mail to the applicant, to all persons holding ambulance 24 service licenses and to appropriate City and County officials. Notice 25 shall be given to the general public by posting in the Orange County 26 Hall of AdminiStration and City Hall at least 15 days prior to said 27 hearing. A copy of the notice shah be sent to the Health Officer. 28 b Determinations of the License and Permit Board may be appealed to 29 the City Council by filing a written notice of appeal with the City 30 Clerk within 10 days of the action taken by the License and Permit 31 Board. The City Council may in its discretion limit its review to the ~.Z record of the proceedings of the License and Permit Board or conduct a 1 1 new hearing. The City Council shall provide notice in the same manner 2 as required of the License and Permit Board in Section 3523.~ above. 5 Determinations of the City Council shall be final. : 4 c Notice of the actions taken by the License and Permit Board or the 5 City Council shall be transmitted to the Health Officer when final." 6 2. Section 342g.0 of the Tustin City Code is amended to read as follows: 7 "3t~2t~.0 Issuance or Denial of License. 8 a Following the final determination by the City as provided above, the 9 Health Officer may issue a license to conduct an ambulance service or 10 convalescent transport service if he finds: 11 (1) That the applicant has successfully proven need and. necessity to 12 the License and Permit Board or to the City Council if an appeal 15 has been made pursuant to Section 3t~23.5 b. 14 (2) The applicant is financially responsible and otherwise able to 15 provide the requested service. ~mmmmm 16 (3) The applicant and any officers of applicant are of good moral 17 character and are likely to provide ambulance services in a 18 satisfactory manner. In making said determination the Health lg Officer shall consider whether any such person: ~0 (a) Has previously provided satisfactory ambulance services; 2! (b) Has committed any act which, if committed by any licensee, 22 would be grounds for the revocation of a license issued 25 pursuant to this division. 24 (c) Has commited any act involving dishonesty, fraud or deceit 25 with the intent to injure another or benefit himself or ~6 another; 27 (d) Has previously violated the terms of this division; ~8 (e) Has been convicted of a felony or a crime involving moral ~9 turpitude; 50 b In determining the effect of the above acts or convictions, the Health 51 Officer shall consider whether they are related to the activities of an ~.2 ambulance service or convalescent transport service and shall evaluate 2 1 the rehabilitation of such a person. 2 c In the event of denial, the applicant shall be informed in writing of the ~ reasons therefor." 4 3. Section 3t~26.2 of the Tustin City Code is amended to read as follows: 5 3~26.2 Appeal to the Health Officer. 6 Except as provided in Section 3½23.5 b, in the event of denial, suspension, 7 revocation of a license, or attendant or driver certificate, the applicants or 8 licensee or certificate holder shall have the right to request a hearing before 9 the Health Officer. Said hearing shall be requested and conducted in the 10 manner specified in Section 5-2-19 of the Codflied Ordinances of Orange !1 County." 12 PASSED AND ADOPTED at a regular meeting of the City Countil of the City 15 of Tustin, California, held on the 2nd day of November ,1981 14 16 ATTEST: 17 18 CITY CL~ 19 RLL:kvhD:7/6/79 3GR:se:R:7 / 19/79 ~0 T/O/Ambulances D: 1 21 29 50 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 860 was duly and regularly introduced and read at a regular meeting of the City Co~cil held on the 21st' day of October, 1981, and was given its second reading and duly passed and adopted at a regular meeting held on the 2nd day of November, 1981, by the following vote: AYES : COUNCILPERSONS: Saltarelli, Edgar, Hoesterey, Sharp, Kennedy NOES : COUNCILPERSONS: None ABSENT: COUNCILPERSONS: None City of ~tstln ia