TITLE VI—BUSINESS, PROFESSIONS AND TRADES
CHAPTER 5—AMBULANCES
(Ord. 972, eff. 7/17/1981; Ord. 1090, eff. 10/31/1986; Ord. 1093, eff. 1/02/1987)
Sec. 6800 Definitions.
For the purposes of this Article, the following terms shall have the meanings respectively set forth in this section:
a. The term "ambulance" is any privately owned vehicle equipped or used for transporting the wounded, injured, or sick and shall include, but is not restricted to, emergency vehicles used for such purpose.
b. The term "person" is any natural person, firm, partnership, association, company, corporation, or organization of any kind.
c. The term "ambulance operator" is any person engaged in the business of carrying or transporting wounded, injured, or sick persons for hire over and along public streets.
d. The term "City" is the City of Arcata.
e. The term "City Clerk" is the City Clerk of the City of Arcata.
Sec. 6801 Permit.
It shall be unlawful for any person to engage in the business of operating an ambulance service in the City of Arcata without first securing a permit to do so from the City according to each and every requirement of this Article and without complying with each and every regulation contained in this Article pertaining to the business of carrying or transporting wounded, injured, or sick persons for hire; provided, however, that no permit shall be required of any person who delivers but does not pick up wounded, injured, or sick persons in the City. Each permittee and ambulance operator shall employ only those persons who have obtained the permits required by the Department of Motor Vehicles of the State of California.
Sec. 6802 Application for permit. (Ord. 972, eff. 7/17/1981)
Any person desiring to obtain the permit required by Section 6801 of this article shall pay a fee in an amount to be established from time to time by resolution of the City Council . The application shall be signed by the applicant and shall set forth:
a. The name, business, and address of the applicant.
b. The name and address of the owner of the ambulance business.
c. The number and type, age, condition, and patient capacity of each ambulance proposed to be operated by the applicant, stating the make and year of manufacture.
d. The fact that such ambulances comply with all applicable Vehicle Code Sections and Title 13 of the California Administrative Code as well as all other State laws and orders applicable to the licensing of emergency vehicles.
e. The color scheme, insignia, name, monogram, or other distinguishing characteristics to be used to designate the private ambulance or private ambulances of the applicant.
f. The location and description of the place or places from which it is intended to operate and the vehicles are to be stored.
g. The schedule of rates proposed to be charged for ambulance service.
h. The experience of the applicant in the transportation of wounded, injured, and sick persons.
i. The fact that all operators of ambulance or ambulances shall hold ambulance driver’s certificates issued by the Department of Motor Vehicles of the State of California.
j. Any facts which the applicant believes tends to prove that public convenience and necessity require the granting of a permit and such other information as the City Council may require.
k. Upon the filing of an application for an owner’s permit, the City Clerk shall direct the Chief of Police to cause an investigation to be made and file a report within thirty days from the date of filing of the application. The Chief of Police shall require the applicant or any person named in the application to be fingerprinted and photographed.
Sec. 6803 Council hearing.
Upon the filing of a fully completed application for the permit to engage in the business of operating an ambulance, and receipt of the report of the Chief of Police, the City Clerk shall present the application to the City Council who shall fix a time for a public hearing thereon for the purpose of determining whether the public convenience and necessity require the proposed service. No permit shall be granted until the Council shall, after investigation and hearing, declare by resolution that the public convenience and necessity require the proposed service and that the same will promote the convenience, safety, and welfare of the general public.
Sec. 6804 Notice of hearing.
Notice of such hearing shall be given to all persons to whom permits for operation of ambulances have been theretofore issued. Notice of the time and place of the public hearing before the City Council shall also be given to the general public by causing a Notice of such hearing to be published in a newspaper of general circulation in the City. One publication shall be made at least five (5) days before the hearing.
Sec. 6805 Issuance of ambulance operator’s permit.
Upon completing its investigation and hearing, the City Council shall grant the applicant a permit if it finds:
a. That the vehicles described in the application and proposed to be used comply with all pertinent State laws.
b. That the color scheme, insignia, name, monogram, or other distinguishing characteristics proposed to be used upon such ambulance or ambulances is not in conflict with and does not initiate any color scheme, insignia, name, monogram, or other distinguishing characteristics used by any other person, in such a manner as to mislead or tend to mislead, deceive or defraud the public.
c. That further ambulance service in the City is required by the public convenience and necessity and that the applicant is fit, willing, and able to perform ambulance service and to conform to the provisions of this Article and such rules and regulations as may be promulgated by the City Council. In making such finding the City Council shall take into consideration the number of ambulances already in operation, whether existing ambulance service is adequate to meet the public need, the probable effect of increased ambulance service on local traffic conditions, and the character, experience, and responsibility of the applicant.
Sec. 6806 Form of ambulance operator’s permit.
If the City Council, by resolution, shall find and declare that public convenience and necessity require the proposed ambulance service or will admit additional ambulance service, a permit to that effect shall be issued by the City Clerk to the person or persons entitled thereto, and the City Council in its discretion shall determine the total number of ambulances which may be operated under such permit. The permit when issued shall state the name and address of the applicant, the number of ambulances that may be operated under said permit, and the date of issuance thereof. No permit authorized hereunder shall be issued to any person who shall not have fully complied with all the requirements of this Article.
Sec. 6807 Duration of ambulance operator’s permit.
An ambulance operator’s permit issued hereunder shall continue to be valid from the date of issuance, until the conditions stated in the application have changed or the permit is suspended or revoked by the City Council for any of the reasons set forth in this Article.
Sec. 6808 Revocation or suspension of ambulance operator’s permit.
The City Council may at any time revoke, suspend, or change, after notice to and an opportunity of hearing being given to the holder thereof, a permit granted if the ambulance operator and/or driver or attendant fails to operate an ambulance authorized hereunder in accordance with the provisions of the applicable State law and this Article as now constituted or as the same may be hereafter amended.
All permits which shall have been suspended or revoked by the City Council shall be surrendered to the City Clerk and the operation of all ambulances covered by such permits shall cease and the continued operation thereof shall thereafter constitute a violation of this Article.
Sec. 6809 Transfer of ambulance operator’s permit.
If the ambulance operator to whom an ambulance operator’s permit has been issued desires to sell or transfer his business, the interested buyer or transferee shall make application for an ambulance operator’s permit as required by this Article accompanied by an affidavit of seller of intention to surrender and cancel the permit held by such ambulance operator conditionally upon and concurrently with consummation of such sale and issuance of a permit in the name of the buyer. If a buyer-applicant or transferee-applicant for a permit meets all the requirements set forth in this Article for issuance of an ambulance operator’s permit, the City Council shall issue a new permit to the buyer-applicant and concurrently therewith cancel the seller’s permit.
Sec. 6810 Amendments of permits.
Any person holding a permit to operate one or more ambulances as provided in this Article who desires to change or amend said permit to substitute a different vehicle, or add another vehicle, for a vehicle operated under said permit, shall do so only when there has been obtained permission therefore from the City Clerk. Said permission shall be granted upon written application setting forth the particulars of such proposed substitution or addition, and upon otherwise complying with the requirements of this Article.
Sec. 6811 Liability insurance.
No ambulance operator permit shall be issued or continued in operation unless there is in full force and effect Workers Compensation insurance and insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the ambulance operator or his employees. The coverages, minimum limits of insurance, deductibles, and self-insured retentions, as well as all other insurance provisions, shall be in a form and amount satisfactory to City. City reserves the right to require verification of coverage in a form acceptable to City.
Sec. 6812 Rates to be charged for ambulance service. (Amd. Ord. 1090, eff. 10/31/1986)
The owner of every ambulance operating in the City of Arcata shall file, with his application for an owner’s permit, a true and correct schedule of rates to be charged for the transportation of passengers in any and all vehicles operated by said owner.
The ambulance rates approved by the County Board of Supervisors for the County territory adjacent to the City of Arcata and serviced by the same operator for said territory and the City of Arcata shall become the effective ambulance rates for the City of Arcata.
The process established by the County for change or modifications of said rates shall be followed. Application for change or modification will be made through the County. Any modification shall be filed with the Arcata City Clerk within thirty (30) days of its adoption.
The City Council reserves the right to finally determine and fix, by resolution, the rates to be charged by the operator of the ambulance service.
Sec. 6813 Resolution may establish rules and regulations.
The City Council may prescribe rules and regulations for the operation and maintenance of ambulance service by resolution.
Sec. 6814 Daily operation required.
Every person to whom an owner’s permit has been issued shall regularly and daily operate his or its business during each day of the license year to the extent reasonably necessary to meet the public demand for such service. Upon an owner’s failure to provide such service, the City Clerk may, upon five day’s written notice to the holder of said permit, and unless good and sufficient causes for such abandonment is evidenced, revoke such owner’s permit.
Sec. 6815 Suspension or revocation of owner’s or driver’s permits.
The Chief of Police may suspend or revoke any owner’s or driver’s permit upon finding that the permit holder no longer complies in full with the conditions of his application or this article.
Sec. 6816 Appeal.
Any permit holder aggrieved by the suspension or revocation of an owner’s or driver’s permit may appeal that decision to the Arcata City Council, whose decision shall be final. Every such appeal must be filed in writing with the City Clerk within 10 days of the action being appealed.