Chapter 5.10
AMBULANCE SERVICES
Sections:
5.10.030 Certificate of need and necessity.
5.10.040 Application for permit.
5.10.050 Permit fee; issuance of permit.
5.10.060 Revocation of permit.
5.10.070 Filing and posting of rate schedule.
5.10.080 Operating rules and regulations.
5.10.100 Violations; penalties.
5.10.010 Definitions.
Ambulance. As used in this article, “ambulance” shall mean any vehicle designed, equipped, and used to carry or transport sick or injured persons or the bodies of deceased persons.
Ambulance driver. “Ambulance driver,” as used in this article, shall mean any person employed to drive or actually engaged in the driving of an ambulance.
Ambulance operator. “Ambulance operator,” as used in this article, shall mean any person, firm, or corporation engaged in the business of carrying or transporting sick or injured persons or deceased persons by means of an ambulance.
Person. “Person,” as used in this article, shall mean any individual, firm, partnership, or corporation.
(Code 1965, § 3360; Code 2002, § 118-101. Ord. No. 797)
Cross references: Definitions generally, § 1.05.100.
5.10.020 Permit required.
It shall be unlawful for any person, firm, or corporation to engage in the business of operating an ambulance within the city, or from a point within the city to a point outside the city, without first having obtained a permit to operate an ambulance authorized by the City Council upon application duly made in the manner herein provided and compliance by the applicant with the requirements of this article.
(Code 1965, § 3361; Code 2002, § 118-102. Ord. No. 797)
5.10.030 Certificate of need and necessity.
No permit shall be issued or granted unless public necessity and convenience shall be shown to exist. In determining whether public necessity and convenience exist, the City Council may take into consideration: (1) the financial responsibility of the applicant; (2) whether or not other persons holding permits of the class requested by the applicant are rendering sufficient and adequate service to the city; (3) whether or not persons holding the class of permits requested by applicant are receiving fair and reasonable return on the capital investment devoted to such service; and (4) any and all other pertinent facts that the City Council may deem proper and applicable.
(Code 1965, § 3362; Code 2002, § 118-103. Ord. No. 797)
5.10.040 Application for permit.
Any person, firm, or corporation desiring to obtain an ambulance permit for the purpose of operating an ambulance or ambulances within the city, or from within the city to a point outside the city, as herein provided, shall file, with the Chief of Police, an application accompanied by a sworn statement setting out the following:
(1) Name and address of principal place of business, residence address, and citizenship status of person, firm, or corporation desiring permit;
(2) The location, description, capacity, and hourly availability of ambulance or ambulances owned or operated by operator;
(3) The make, model, and distinguishing color scheme and design, including any monogram or insignia to be used on each ambulance;
(4) That the license fee provided by section 5.10.050 of this article has been deposited with the Chief of Police;
(5) The experience of the applicant in the transportation and care of sick or injured persons;
(6) The names, addresses, and experience in first aid of each driver or helper employed or to be employed and his driving experience;
(7) Description of central housing facilities which employees and operator are to use in the conduct of the ambulance business;
(8) That the applicant carries public liability insurance in a minimum amount of $250,000.00 for injuries to one person, and for a minimum of $500,000.00 for injuries to two or more persons, and property damage in the minimum amount of $50,000.00, and agrees that said policy shall carry an endorsement protecting the city against any claims or demands as a result of persons injured or killed or property damaged as a result of the operation of the ambulance or ambulances operated by the applicant, a copy of such policy or policies to be deposited with the City Clerk, together with an endorsement thereon requiring the carrier to notify the city ten days in advance of an intended cancellation or any material change in said coverage;
(9) Acknowledge receipt of and agree to comply with the rules and regulations governing ambulances as provided by section 5.10.080 of this article;
(10) Such further information as the Chief of Police may require.
(Code 1965, § 3363; Code 2002, § 118-104. Ord. No. 797; Ord. No. 1102)
5.10.050 Permit fee; issuance of permit.
(a) Upon filing an application for an ambulance operator permit, as provided by section 5.10.040 hereof, the applicant shall deposit, with the Chief of Police, the amount of the annual permit fee provided to be paid in subsection (b) hereof, which fee shall be held by the Chief of Police until the City Council shall have authorized the granting of the permit provided for in section 5.10.040 hereof.
(b) The annual permit fee shall be $24.00 for each ambulance operated by an operator. Such permit fee shall not be in lieu of any other business license. The license shall expire on December 31 of each year, and no part shall be refundable in event of cessation of business for any cause. In the case of the first permit granted, the fee shall be prorated to the nearest calendar quarter on date of application.
(c) When the City Council has determined that public convenience and necessity warrant the granting of an application for permit and authorizes the granting of such permit, the Chief of Police shall issue the permit to the applicant. The permit shall be in such form and of such material as the Chief of Police shall provide. The permit or permits shall be affixed to and prominently displayed on the rear of each vehicle as designated by the rules and regulations provided in section 5.10.080 hereof.
(d) No ambulance operator permit shall be issued to any of the following persons:
(1) Any person who has been convicted of a felony or a crime involving moral turpitude, use, or possession of narcotics or drugs, or for operating a vehicle under the influence of intoxicating liquor within five years immediately preceding application for a permit; or
(2) Any person who is beneficially interested in any mortuary or who himself handles the dead.
(Code 1965, § 3364; Code 2002, § 118-105. Ord. No. 797; Ord. No. 1102)
5.10.060 Revocation of permit.
The Chief of Police may revoke an ambulance operator permit upon any of the following grounds:
(1) That said permit was procured by a false or fraudulent statement of a material fact, when such fact, if it had been disclosed, would have constituted a just cause for refusal to issue a permit;
(2) If the permittee has paid anything in the form of a gratuity or consideration to any public officer or other person not involved in an accident for any information as to the location of the accident, or for being called to the scene of an accident or disabled person, or for performing any of the services contemplated to be performed under the provisions of this article, except when such services are performed by a qualified employee of the permittee;
(3) If the permittee fails to keep in full force and effect the policy of insurance required by this article;
(4) If a permittee charges rates in excess of those filed and/or posted as provided in section 5.10.070;
(5) That the ambulance service is not furnished on the full hourly schedule set forth in the application for permit;
(6) The conviction of any crime involving moral turpitude or the use or possession of narcotics or drugs.
(Code 1965, § 3365; Code 2002, § 118-106. Ord. No. 797; Ord. No. 1102; Ord. No. 1132)
5.10.070 Filing and posting of rate schedule.
The City Council finds that it is in the public interest that the maximum rates as charged by ambulance operators shall be public information. Each ambulance operator licensed under this article shall file with the City Clerk a copy of the permittee’s maximum rate schedule. Copies of such rate schedules shall be posted in a conspicuous place in each ambulance and shall also be posted in the office of the permittee.
(Code 1965, § 3366; Code 2002, § 118-107. Ord. No. 797; Ord. No. 1102; Ord. No. 1132)
5.10.080 Operating rules and regulations.
The City Council, by resolution, shall promulgate a set of rules and regulations describing the duties and procedures to be observed and complied with by an ambulance permittee and an ambulance driver. Such rules and regulations and amendments, after being filed with the City Clerk, shall constitute enforceable provisions of this article and violations thereof shall be subject to the penalty provided herein. Copies of said rules and regulations and any amendments thereof shall be delivered to each ambulance permittee at the time permit is granted.
(Code 1965, § 3367; Code 2002, § 118-108. Ord. No. 797; Ord. No. 1102)
5.10.090 Appeal.
An applicant for any permit authorized under this article who has been denied such a permit, or whose permit has been suspended or revoked pursuant to the conditions of this article, may appeal from such action to the City Council. Such appeal shall be in accordance with section 2.05.040 of this Code.
(Code 1965, § 3368; Code 2002, § 118-109. Ord. No. 845; Ord. No. 1102)
5.10.100 Violations; penalties.
Any person violating any provision of this article shall be deemed guilty of a misdemeanor and punishable pursuant to section 1.05.230 of this Code.
(Code 1965, § 3369; Code 2002, § 118-110. Ord. No. 17)