Chapter 5.20
AMBULANCES*
Sections:
5.20.030 Permit – Application.
5.20.040 Permit – Application hearing.
5.20.050 Permit – Application hearing notice.
5.20.100 Permit – Suspension and revocation.
* For statutory provisions requiring state regulations concerning privately owned ambulances, and authorizing more restrictive local regulations, see Vehicle Code § 2512.
5.20.010 Definitions.
For the purposes of this chapter, certain words and phrases are defined as follows:
A. “Ambulance” means any privately owned vehicle equipped or used for transporting the wounded, injured, or sick and includes, but is not restricted to, emergency vehicles used for such purpose.
B. “Ambulance operator” means any natural person, firm, partnership, association, company, corporation, or organization engaged in the business of carrying or transporting wounded, injured or sick persons for hire over and along public streets. (Ord. 336 § 1, 1973).
5.20.020 Permit – Required.
It is unlawful for any person to engage in the business of operating an ambulance service in the city without first securing a permit to do so from the city according to each and every requirement of this chapter and without complying with each and every regulation contained in this chapter pertaining to the business of carrying or transporting wounded, injured, or sick persons for hire; provided, however, no permit shall be required of any person who delivers, but does not pick up, wounded, injured, or sick persons in the city. (Ord. 336 § 2, 1973).
5.20.030 Permit – Application.
An applicant for an ambulance operator’s permit shall file his application with the council, which application shall be signed and verified by the applicant, be accompanied by the fee required, and set forth the following information:
A. The name, business, and residence address of the applicant;
B. The fictitious name, if any, under which the applicant does business or proposes to do business;
C. The number and type, age, condition, and patient capacity of each ambulance proposed to be operated by the applicant, stating the year of manufacture, make, special equipment installed or proposed to be installed in each such ambulance, and whether such ambulances are or will be operated as authorized emergency vehicles;
D. The color scheme, insignia, name, monogram or other distinguishing characteristics to be used to designate the private ambulances of the applicant;
E. The schedule of rates proposed to be charged for ambulance service;
F. The experience of the applicant in the transportation and care of wounded, injured, and sick persons;
G. The financial status of the applicant, including the amounts of unpaid judgments against the applicant, and the nature of the transaction or acts giving rise to such judgments; and
H. Any facts which the applicant believes tend to prove that the public convenience and necessity require the granting of a permit, and such other information as the council may require. (Ord. 336 § 3, 1973).
5.20.040 Permit – Application hearing.
Upon the filing of a fully completed application for a permit to engage in the business of operating an ambulance, the city clerk shall fix a time for a public hearing thereon before the council 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. (Ord. 336 § 4, 1973).
5.20.050 Permit – Application hearing notice.
Notice of such hearing shall be given to all persons to whom permits for the operation of ambulances have been theretofore issued. Due notice of the time and place of the public hearing before the council shall also be given to the general public by causing notice of such hearing to be published twice in a newspaper of general circulation in the city; the first publication to be made at least 10 days before the hearing and the second publication to be made at least five days before the hearing. (Ord. 336 § 5, 1973).
5.20.060 Permit – Issuance.
Upon completing its investigation and hearing, the council shall grant the applicant a permit if it finds the following:
A. The vehicles described in the application and proposed to be used are adequate and safe for the purpose of carrying or transporting wounded, injured, or sick persons.
B. The color scheme, insignia, name, monogram, or other distinguishing characteristics proposed to be used upon such ambulances are not in conflict with and do not imitate any color scheme, insignia, name, monogram, or other distinguishing characteristics used by any other person in such manner as to mislead, or tend to mislead, deceive, or defraud the public.
C. 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 services and to conform to the provisions of this chapter and such rules and regulations as may be promulgated by the council. In making such finding, the 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. (Ord. 336 § 6, 1973).
5.20.070 Permit – Form.
If the council, by resolution, finds and declares that the public convenience and necessity require the proposed ambulance service or will admit additional ambulance service, a permit to such effect shall be issued to the person entitled thereto by having complied with the requirements of this chapter and all the requirements of this chapter having been met. The 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 which may be operated under the permit, and the date of issuance thereof. No such permit authorized shall be issued to any person who has not fully complied with all the requirements of this chapter. (Ord. 336 § 7, 1973).
5.20.080 Permit – Fee.
The fee which shall be submitted with the application for an ambulance operator’s permit shall be in the sum of $50.00 to cover administrative and other costs incident to such application. The required application fee shall not be returned in the event the permit applied for is refused, revoked, or suspended as provided for in this chapter. (Ord. 336 § 8, 1973).
5.20.090 Permit – Term.
Ambulance operators’ permits issued pursuant to this chapter shall continue to be valid from the date of issuance unless the same have been changed, suspended, or revoked for any of the causes set forth in this chapter. (Ord. 336 § 9, 1973).
5.20.100 Permit – Suspension and revocation.
A. After proper notice and an opportunity of hearing given to the holder thereof, the council may at any time revoke, suspend, or change a permit granted if the ambulance operator and/or driver or attendant fails to operate an ambulance authorized pursuant to this chapter.
B. All permits which have been suspended or revoked by the 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 the provisions of this chapter. (Ord. 336 §§ 10, 11, 1973).
5.20.110 Permit – Transfer.
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 chapter accompanied by an affidavit of the seller of his 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 standards set forth in this chapter for the issuance of an ambulance operator’s permit, the council shall issue a new permit to the buyer-applicant and concurrently therewith cancel the seller’s permit. (Ord. 336 § 12, 1973).
5.20.120 Permit – Amendments.
Any person holding a permit to operate one or more ambulances who desires to change or amend such permit to substitute a different vehicle for a vehicle operated under such permit shall do so only upon obtaining from the city manager permission therefor, which shall be granted only upon written application setting forth the particulars of such proposed substitution and upon otherwise complying with the requirements of this chapter. (Ord. 336 § 13, 1973).
5.20.130 Liability insurance.
A. The ambulance owner or operator shall procure and maintain for the duration of the permit, liability and property damage insurance against claims for injuries to persons or damage to property which may arise from or in connection with the permittee’s operation. No permit for operation shall be granted until there is on file with the city clerk, a certificate of insurance evidencing coverage of the owner or operator.
B. The general liability limits should be no less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage.
C. The insurance policy shall contain a stipulation that any cancellation or revocation of such policy shall be without effect unless and until the city is notified thereof in writing 30 days prior to the cancellation thereof. (Ord. 91-564 § 1; Ord. 336 § 14, 1973).
5.20.140 Service rates.
No operator, driver, or attendant of any ambulance having a permit issued by the city shall fix, charge, or collect for ambulance service a rate or tariff more than the rate or tariff fixed in the following manner, and all operators of ambulances shall take such action as necessary to cause rates or tariffs for the ambulances owned or operated by them to be fixed in the following manner:
A. Flat-Rate, Zone, or Special Service Rate Schedule. All owners or operators of ambulances shall operate on a flat-rate or zone basis, or time, mileage, or special service basis, or a combination thereof, and shall file with the city clerk reasonable and uniform rates or a schedule of charges. Such rates or schedule of charges shall be reviewed and approved by the council before becoming effective.
B. Council Review. All rates or the schedule of charges established shall remain effective and shall not be amended or varied, except with the consent of, or by the order of, the council; and the council may, from time to time, review such rates or schedule of charges and may, in its discretion, require the operator to substantiate by factual evidence and auditable records the reasonableness and uniformity of such rates or schedule of charges, and may, based upon its findings on the question of reasonableness and uniformity, order changes which shall be complied with.
C. Posting and Filing Schedule. All owners and operators shall keep posted in a conspicuous place in the interior of each ambulance operated the rates or schedule of charges approved as to form by the city manager and chargeable for the use of such ambulance. (Ord. 336 § 15, 1973).