HomeMy WebLinkAboutORD 802 (1979) ORDINANCE NO. 802
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
The City Council of the City of Tustin, California does
ordain as follows:
1. Title 3, Chapter 4 Part 2 of the Tustin City Code is
hereby amended to read as'follows:
"PART 2 AMBULanCES
3421.0 intent and Purpose.
It is the intent of this Division to prescribe the basic
regulations-for the operation of ambulances and convalescent
transport vehicles in the City of Tustin in emergency and non-
emergency situations for the.care and transportation of persons
needing such services. It is the purpose of the City Council in
enacting this Division to provide a fair and impartial means of
selecting responsible private operators to engage in ambulance
and convalescent care and transportation in the public interest
and to prevent the deleterious effects of unregulated competition
in such service. In addition, it is the desire that this Divisio~
be used by all incorporated cities of this County to the extent
feasible, as a model city ordinance to eliminate or minimize
duplicating regulations and to assure the smooth and coordinated
delivery of such'services in Orange County.
3421.5 Definitions.
The following terms, as used in this Division shall, unless
the context clearly indicates otherwise, have the respective
meanings herein set forth.
(a) Ambulance means a motor·vehicle specifically
constructed, modified, equipped, or arranged and operated
for the purpose of transporting patients requiring emer-
gency service.
(b) Convalescent Transport Vehicle means a motor'
vehicle specially constructed or modified, equipped or
arranged and operated for the purpose of transporting
patients not requiring emergency service.
(c) Ambulance. Service means any private person
who operates one or more ambulances. Ambulance service
shall not include a person who maintains ambulances for
the use of his own employees.
(d) Convalescent Transport Service means any
private person who operates one or more convalescent
transport vehicles.
(e) Ambulance Service 'Operator means any person
whe operates an ambulance service.
(f) kmbulance Attendant means a qualified person
acting as an attendant on an ambulance responding to a
call and who occupies the patient compartment while
transporting any patient in apparent need of medical
attention.
(g) Business means any trade, business, occupation,
practice or profession.
(h) City means the City of Tustin, State of
California-
(i) Department means Public Health and Medical
Services of the H~man Services Agency - County of Orange.
(j) Driver means any qualified person who operates
an ambulance while responding to a call and while trans-
porting any patient.
(k) Emergency means a request for the immediate
dispatch of an ambulance to transport or provide other
assistance for a person apparently having a sudden unfore-
seen need of immediate emergency medical attention.
2.
(1) Emergency Service means the service performed in
response to an emergency call.
(m) Patient means a wounded, injured, sick, invalid,
convalescent, or otherwise incapacitated person.
(n) Person means any individual, firm~ corporation,
partnership, association, or 'other group or combination
acting as a unit.
(o) Licensee means any ambulance service or conva-
lescent transport service which has been regularly granted
a license to engage in the ambulance service or convales-
cent transport service.
(p) Public Safety Agency means any public law en-
forcement, fire protection agency, lifeguard, or forest
ranger operating in Orange County.
(q) Health Officer means the Orange County Health
Officer.
3422.0 ~eed and Necessity
(a) Required. It shall be unlawful for any person either
as o~'er; agent or otherwise, to operate, conduct, advertise, or
otherwise engage in or profess to be en~a~ed in the business of
ambulance service or convalescent transport service upon the
streets, or any public way or place in the City, without
possession of a license issued pursuant to this Division. A
licensed ambulance service may provide convalescent transport
service without the necessity of an additional license. N6
license may be transferred bv operation of law or otherwise:
(b) Exceptions. The provisions of this Division sha].l not
apply to:
(1) Vehicles operated as ambulances or convalescent
transport vehicles at the request of local authorities
during any "state of war emergency," "state of emergency,"
"local emergency," as defined in the Government Code, or
o
1 at such times as no person is licensed to conduct said
~ service within the City limits.
5 (2) Ambulances or convalescent transport vehicles
4 transporting a patient from a location outside the
5 incorporated territory of City regardless of destination.
6 3422.5 Specification of Emergency Response Areas
7 All ambulance service licenses shall specify the City
8 territory, if any, within which the licensee may provide emer-
9 gency ambulance service and no ambulance service operator .shall
t0 provide emergency ambulance service for ambulance calls
!1 oriqinating within the City but outside the territorial limits
~ 12 fixed in the license.
13 (a) ~Ceptio_~s. A licensee may provide emergency service
!4 for ambulance calls originating outside the territorial limits
!5 fixed in the license issued to him:
16 (1) Upon request by any City public safety agency
!7 ~nen such public safety agency has made reasonable attemo
!8 to utilize an ambulance service within the emergency
i9 response area.
20 (2) Upon request of any person for emergency ambulance
2! service when an ambulance is not immediately available in
~ the emergency response area from which the request originate
~3 (3) Upon request of another license holder who does
' ~4 not have an ambulance immediately available in the emergency
25 response area from which a request originates.
26 (4) To provide return ambulance service to a person
~7 who originally used licensee~s services for ambulance
28 transportation to a destination outside of his service
~9 area.
50 (5) To provide ambulance service pursuant to a
5! written contract between the licensee and a facility license~
32 pursuant to Division 2, Chapter 2, Health and Safety Code
or licensed physician, provided that the Health Officer
has received, prior to the provision of such service,
a copy of such contract-
(6)'~ To provide standby ambulance on a contract
basis for special events.
3423.0 Application
(a) Procedure and Information Required. Applicants for
ambulance service license shall file with the Department an
application in writing, on a form to be furnished by the
Department, which shall give the following information:
(1) Name and description of applicant.
(2) Business address and residence address of record
of the applicant.
(3) Trade of firm name, or DBA as recorded.
(4) If a corporation, a joint venture of a general
or limited partnership, the names of all partners and officers,
their pe~-~anent addresses and their percentage of participation
in the business-
(5) (i) A statement of facts showing the experience
of the applicant in the operation of an ambulance service or
convalescent .transport service and demonstrating that the
applicant is qualified to render efficient ambulance service
or convalescent transport service.
(ii) A photocopy of the license issued by the
Com~missioner of the California Highway Patrol to privately owned
ambulance companies (in accordance with Section 2501, California
Vehicle Code) shall be appended to the application.
(6) The geographical boundary of the territory reques'
ed for emergency responses.
(7) A statement that the applicant owns or has under
his control, in good mechanical condition, required equipment to
adequately conduct an ambulance service or convalescent transpor
service in the territory for which he is applying, and that the
applicant owns or has access to suitable facilities for maintain.
ing his equipn~ent in a clean and sanitary condition.
(8) A list, amended as required during the year fox
any changed, substituted, loaned or leased vehicles, giving a
-
complete description of each ambulance vehicles or convalescent
transport vehicle operated by the applicant, including the
patient capacity thereof, and a copy of the most recent Ambulance
Inspection Report .and current emergency vehicle permit issued
by the California Highway Patrol for each ambulance.
(9) An affirmation that each ambulance or convalescent
transport vehicle and its appurtenances conform to all applicable
provisions of this Division and applicable provisions of City
and State laws and regulations.
(10) A statement that the applicant employs sufficient
personnel adequately trained to deliver ambulance services
good quality, according to personnel provisions of the ordinance,
at ~1t t~.es in the app!icant's proposed service area.
(it) A list, amended as required during the year for
any personnel changes, giving the name and a description of the
trainin~ for each ambulance service or convalescent transport
service employee, and a copy of each certificate or license
issued by the State or County establishing qualifications of
such personnel in ambulance or convalescent transport operations.
(12) A statement that shows to the satisfaction of
the Department that the issuance of a license is in the public
interest and there is a need for a license to be issued in
that there is a requirement for ambulance service o'r convalesc6~
transport service which can be legally served by applicant.
(13) An affirmation that all ambulances based in
Orange County will be licensed under this division.
I!
1 (14) Such other facts or information as the Department
Z may require-
~ 3 (b) Renewal of License- Applicants for renewal of an
~ ambulance service license under this Division shall file with
5 the Department an application in writing, on a form to be furnish
6 ed by the Department, which shall include the information require,
~ '-~7 in Subsections 1, 2, 3, 4, 5 (ii), 6, 7.8, 9, 10, 11, 12, 13,
8 ~i above.
9~ (c) Convalescent Transport Services. Applicants for
10~i original or renewal license of a convalescent transport service
~ !!~ license under this Division shall file with the Department an
iZ~ application in writinG, on a form to be furnished by the
13 ~i Department which shall include the information required in
!4!! Subsections t, 2, 3, 4, 5 (i), 7, 8, 9, !1, 12.13, above.
._ i5 !i 3423.5 Lnvestigation and Public Hearing by City License and
·
16 ~ Permit Bcard
|
Upon the receipt of a completed application for ambulance
iSii service or convalescent transpor.t service, together with the
!9~ application fee established by Resolution of the Board of
20%i Supervisors, the City License and Permit Board shall conduct an
i,
2lii investigation and hold a public hearing to determine if the
2Zi~ public health, safety, welfare, convenience and necessity require
the granting of a license and to further determine if the
(~ 24 applicant meets all the requirements of this Division. In makinc
Z5 such determination the City License and Permit Board shall
26 consider, among other things, the demand for ambulance service a~
~ the adequacy of existing service- At least 15 days' written
28 notice of said hearing shall be given by registered mail to the
29 applicant, to all persons holding ambulance service licenses and
50 to appropriate city and county officials. Notice shall be given
51 to the general public by posting in the Orange County Hall of
3Z Administration and City Hall at least 15 days prior to said hear~
7.
3424.0 Issuance or Denial of License
Following the above hearing, the Health Officer may order
the issuance of a license to conduct an ambulance service or
convalescent transport service if he finds:
(a) Options.
(1) Then the public health,safety, welfare, convenien
and necessity requires such ambulance services, including
any requested emergency response areas.
(2) Has successfully proven need and necessity to
the city council.
(b) The applicant is financially responsible and otherwise
able to provide the requested service.
(c) The applicant and any officers of applicant are of gooc
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:
(1) Has previously provided satisfactory ambulance
services;
(2) Has committed any act which, if committed by
any licensee, would be ~rounds for the revocation of a
license issued pursuant to this Division;
(3) Has committed any act involving dishonesty,
fraud or deceit with the intent to injure another or benefi~
himself or another;
(4) Has previously violated the terms of this Divisior
(5) Has been convicted of a felony or a crime invol-
ving moral turpitude;
(6) Has knowingly made a false statement of fact
such application;
(~) In determining the effect of/the above acts or convic-
tions, the Health Officer shall consider whether they are relate~
to the activities of an ambulance service or convalescent
1 transport service and shall evaluate the rehabilitation of such
Z person.
5 (e) In the event of denial, the applicant shall be info.rmed
~ in writing of the reasons therefor-
5 (f) Determinations of the License and Permit Board are
6 final.
7 3424.5 Liability Insurance
8 ~; The licensee shall obtain and keep in force during the term
91: of' said license, comprehensive automobile liability insurance
I0! and professional liability insurance issued by a company
!I~ authorized to do business in the State of California, insuring
12 ~i the owner against loss by reason of injury or damage that may
i3 ~i result to persons or property from negligent operation or
!4ii defective construction of such ambulance, or convalescent trans-
!5 !~ port vehicle, or from violation of this chapter or any other
,, ~ ~ {t the , Said
_v~ law of State of California or the United States.
19 i! comprehensive automobile liability policy shall be in the SLLm Of
not less than Five Hundred Thousand Dollars ($500 000) for
19 combined single limit, bodily injury and property damage-
20 Said professional liability insurance shall be in the sum of not
2! less than One Million Dollars ($1,O00,000) per person and One
2~ Million Dollars ($1,000,000) annual aggregate- Workers'
23 Compensation Insurance shall be carried covering all employees
~4 of the license holder- Before. the Health Officer shall issue a
~5 license, copies of the policies, or certificates evidencing such
~6 policies shall be filed with the Department- All policies shall
~ contain a provision requiring a thirt~ (30) day notice to
--- 28 be given to the Department prior to .cancellation, modification
~ 29 or reduction in limits- The amount of comprehensive automobile
! DO liability insurance shall be subject to review'and adjustment by
3! the City annually at the City's option.
//
9-
3425.0 Renewal of License
Licenses may be renewed annually by the Health Officer
upon application of the licensee, if the Health Officer determin,
that public health, welfare, need and necessity still exist-fc'
the license holder and the license holder has, during the perivd
of the expiring license, operated in conformity with the
provisions of this chapter and the rules and regulations of the
Department, and that he is capable of continuing operation in
conformity with the rules and regulations of the Department.
3425.5 Amendment of License
Any license holder may apply to the Health Officer for an
amendment to terms of his license. Such request shall be
processed in the same manner as an original application, p~ovided
the Health Officer may waive those requirements deemed necessary.
3426~.0 Term of License
A license shall remain in effect for a period of .one year'
3426.3 Notification
in the event of a chanqe in ownership or management of any
kind o~ nature any interruption of service of more than twenty-
four (24) hours' duration, or any substantial change in staffing
orequipment of the ambulance service or convalescent transport
service, the license holder shall notify the Health Officer and
city council immediately in writing, stating the facts of such
change.
3426.2 Appeal to the Health Officer
Except as provided in Section 3424 0(f) in the event of
- ,
denial suspension revocation of a license, or attendant or
, ,
driver certificate the aoplicants or licensee or certificate
holder shall have the right to request.a hearing before the
Health officer. Said hearing shall be reauested and conducted
in the manner specified in Section 5-2-19 of the codified
ordinance of Orange County.
10.
1 3427.0 Emergency Service Availability
2 (a) Each ambulance service operator having an emergency
5 response area shall prQvide emergency ambulance service on a
~ continuous twenty-four (24) hour per-day basis- If for any
5 reasons such ambulance service is interrupted, ~he license
6 holder shall immediately stop any advertisement of emergency
7 services which have been interrupted and notify the Health
8 Officer immediately and shall state reasons and justification--
9 Other affected public safety agencies shall be notified by
10 ~! the license holder in a timely fashion.
ii ii (b) At City's option, each ambulance service.may be requirec
12!i to operate an ambulance from within the city limits.
~ 3427 3 ~ulance Personnel
13 ~i '
ii An ambulance attendant
~ ,~ (~ kmbulance Driver and Attendant-
15i~ or driver utilized by a license holder shall be at least
i6 ~! eichteen (18) years of age shall be trained and competent in
iV~ the proper use of all emergency ambulance ecuipment, shall
iSii hold current certification as an EMT-1 and shall demonstrate
19[ comolian.ce with all applicable State laws and regulations.
20;! An a~utance driver or ambulance attendant who is a California
21 licensed physician, Registered Nurse, or a paramedic currently
22 certified by the Orange County Health Officer shall be exempt
-~3 from the emergency medical training requirements of this
2~ section.
~5 (b) Every ambulance driver and attendant utilized b~ a
26 license holder shall hold a certificate 'from. the Health Officer
27 indicating compliance with the requirements of this section.
~' 28 (c) Applications for such certificate shall be in the
29 form required by the Health Officer and shall be accompanied by
30 the fee established by Resolution of the Board of Supervisors.
51 (d) Certificates may be denied or revoked by the Health
32 Officer if he finds, a~ter a hearing, that the applicant does
11.
not comply with the requirements of this section.
(e) Certificate shall remain in effect for a period of
two years.
(f) All. applicants for ambulance driver/attendant will
undergo a complete criminal history record check prior to
issuance of a permanent certificate.
3427.6 Suspension and Revocation of Licenses or Certificates
The Health Officer shall be empowered to suspend a license
or certificate pending a hearing if he determines such action is
necessary to protect the public health, safety or welfare. The
period of such suspension shall not exceed sixty (60) days.
The Health Officer shall also be empowered, after conducting a
hearing, to revoke a license, or certificate. Suspension and
revocation shall be on the grounds that the license or certifica~
holder, or any partner, officer or director:
(a) Violated any section of this Division, any applicab~
regulations promulated bv the Department or any applicable
State laws or regulations concernin~ ambulance services
(b)' Has committed any acts which would constitute ~rounds
for denial of a license or certificate.
The certificate holder or licensee shall be given written
notice of the reasons for the proposed revocation, together with
the time and place of the hearing thereon, which notice shall be
given at least fifteen (15) days prior to the hearing.
3428.0 Ambulance Rates
No licensee shall charge more or less than the following
rates for ambulance or convalescent transport service:
(a) One patient. The uniform schedule of rates that
may be charged for ambulance servi~e and convalescent transpor_
service shall be set by resolution adopted by the Board of
Supervisors. Said rate schedule is incorporated herein by
reference, and is on file in the office of the Clerk of the Board
12.
~ of Supervisors. Said rate schedule shall be adopted by the
2 Board of Supervisors f.ollowing a public hearing. Notice of the
5 hearing shall be given .to all license holders· the public and
~ 4 designated city officials in the same manner as described in
5 Section 4.
6 (b) Two or more patients-
~ V (1) Each stretcher or qurney patient carried at the
'3 8 same time may be charged the full base rate for response to
~ ~ the call and half the mileage rate.
~ 10 (2) Each ambulatory sit up patient shall be charged
'i { " the base rate for response to the call and half the mileage
~ .13 (c) ~o charge shall be made for uninjured or well persons
i~i -- who accc~pany a patient.
~ !5 (d~ -Charges may vary for contract ambulance services, pro-
~ !6 ~i they
~'~ vided meet with the approval of the City Council/Health
IV !i Officer-
!Sii 3428.3 Emergency and Disaster Operation
i9 During an~ "state of war emergency", or "state of emergency'1
~0 or local emergency," as defined by the Government Code of the
~! State of California, each ambulance service and convalescent
transport service shall provide equipment· facilities· and
~5 personnel as required by the Chief, Medical and Health Services·
~ ~ whenever the Medical and Health Annex to the C6unty Emergency
~5 Plan is activated.
26 3428.6 User Complaints
~ Any user or subscriber to an ambulance service or conva-
28 lescent transport service contending that he has been r-equired
~ ·
29
to pay an excessive charge for service or that he has received
50 inadequate services may file a written complaint with the
Department setting forth such allegations. The Department shall
notify the ambulance service or convalescent transport service
13.
1 of such complaint, and shall investigate the matter to determine
2 the validity of the complaint. If the complaint is determined
3 to be valid, the Department shall take reasonable and proper
~ actions to secure compliance with the conditions of this
5 Division.
6 3429.0 Regulation and Enforcement
7 (a) The Health Officer shall make necessary and reasonable
8 rulesland ~egulations covering ambulance and convalescent trans-
9 port service operation, ambulance and convalescent transport
!0 equipment, ambulance and convalescent transport vehicleS,
'i
II ambulance and convalescent personnel and standards of dispatch
12 for the effective and reasonable a~ministration of this
Division. Prior to adoption, said regulation shall be submitted
to the E~ergency Medical Care Committee, the City Manager and
15 other designated City Officials for their comments.
~i~ !5 '= (b) The Health Officer shall inspect the records, facii] [4
~i !7 vehicles, equipment and methods of operation of each license
1 !8~ holder at least annually, and whenever such inspections are deem~
· i necessary.
~ 20 3429.3 Compliance with State Law and Regulations
~ ~i A licensed ambulance service or convalescent transport
service shall, in order to maintain the license, comply with
~5 all applicable provisions of City and State laws or regulation.
~ ~ 3429.6 Variances
~5 The Health Officer ma~ grant a variance from the terms
~6 of this Division if he finds such action is necessary to
~7 protect the public health, safety, or welfare. Such action may
28 include the issuance of temporary ambulance or convalescent
~9 transport service licenses. Such variance or temporary
II
31 //
!i
14.
1 license shall remain in effect for the period indicated by
2 the Health Officer but not to exceed one hundred eighty (180)
,, 5 days. When such a variance has been Granted, the designated
~- City officies shall be notified-
5 PASSED AND ADOPTED at a regular meeting of the City
6 Council, City of Tustin, California, held on the 21st day of
7 May , 1979.
8 ,~
· ,/' ,...,-. ,.,./ :..
j ' ~AYOR p~e t~'
ii ~ ATTEST:
!9
S9
50
51
5~ ~L:tb:D:4/6/79
15.
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
RD~EH C. POE, City Clerk 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. 802
was duly and regularly introduced and read at a regular meeting
of the City Council held on the 7th day of May ,
1979 and was given its second reading and duly passed and adopted
at a regular meeting held on the 21st day of M~_v
1979, by the following vote:
AYES: COU~-]CIL!~SN: S~LTARELLI~. SHARP, .WELSH, KEN~.tEDY
NOES: COUNCIL.~,~N: NONE
~3SE~T: CO"b~jCiL~FZN: S CHUSTE R
C~~_~ <~ L~'i_~_~
City erk, C~i'ty of Tustin, California
P~ablish Tustin News
May 31, 1979