Chapter 5.12
AMBULANCE SERVICES
Sections:
5.12.030 Terms and conditions generally.
5.12.040 Scope of city authority.
5.12.050 Granting of additional franchises.
5.12.060 Waiver of damages against city.
5.12.110 Forfeiture for violation.
5.12.120 Operation without franchise prohibited.
5.12.140 Amendment of provisions.
5.12.160 Vehicles and equipment.
5.12.010 Definitions.
For the purposes of this chapter:
“Ambulance” means any privately owned vehicle equipped or used for transporting those who are wounded, injured or sick, and shall include but is not restricted to emergency vehicles used for such purposes.
Whenever and wherever the word “grantee” is used in this chapter, it shall be held applicable to any servant, operator, employee or agent of the grantee who may be engaged in the performance of any duties required either from or by the grantee under this chapter. (Prior code § 5.68.010)
5.12.020 Issuance authority.
The city council is authorized to grant to such person as shall apply therefor, a franchise to operate and maintain an ambulance service within the city for a period not to exceed five years. The franchise shall be subject to renewal for further like terms by the city council. The franchise shall be subject to the provisions set forth in this chapter. (Prior code § 5.68.020)
5.12.030 Terms and conditions generally.
The terms and conditions on which the franchise may be granted and upon which it is maintained and operated if granted, are as set forth in this chapter. (Prior code § 5.68.030)
5.12.040 Scope of city authority.
The city shall have the right to and shall regulate the operations of any grantee of a franchise pursuant to this chapter in the following particulars:
A. To make reasonable orders respecting the character, extent, quality and standard of the service to be rendered;
B. To inspect, approve or reject any or all motor vehicles or equipment used or proposed to be used;
C. To examine and investigate the character and competency of any and all servants, operators, employees and agents of the grantee hired for such ambulance service, and if any such servant, operator, employee or agent is found to be of other than good character, to prohibit the employment of such person by the grantee;
D. To make such other rules, regulations and requirements as may be reasonable and proper in order to facilitate and maintain efficient ambulance service to the public. (Prior code § 5.68.040)
5.12.050 Granting of additional franchises.
No other ambulance franchise shall be granted by the city until after a public hearing, duly called and to which notice thereof shall be given by publication at least once in a newspaper of general circulation published in the city, not less than fifteen (15) days prior to the date of the hearing. The hearing shall be held for the purpose of determining whether or not public convenience and necessity require additional ambulance service within the city. If, after the hearing, the city council determines that public convenience and necessity require additional service, then the grantee shall have not more than thirty (30) days within which to increase his ambulance service to such an extent as will provide for such additional service found to be required. (Prior code § 5.68.050)
5.12.060 Waiver of damages against city.
The grantee, by acceptance of the franchise, shall waive any and all damages which he or she may sustain for or on account of any installation, maintenance or improvement work in and to the public streets, alleys, ways or highways within the city, and which may be performed by the city, or any public utility, or any private person authorized by the city to do so. (Prior code § 5.68.060)
5.12.070 Payments to city.
The grantee throughout the time of his or her operation under such franchise shall pay to the city, in lawful money of the United States, the business license fee as provided in Chapter 5.08. However, the city council is empowered to waive the fee by motion duly made and passed at any duly held meeting, if in the opinion of the city council the continued existence of ambulance service in the city shall be in any way endangered because of the necessity of payment of such fee. (Prior code § 5.68.070)
5.12.080 Rates.
The grantee, by accepting the franchise shall agree:
A. To charge such rates for services rendered as may from time to time be established by the city council;
B. To maintain and have available each day of each calendar year during the term of the franchise or any extension thereof, adequate and proper ambulance service for the public. (Prior code § 5.68.080)
5.12.090 Acceptance.
The grantee shall file with the city clerk a written acceptance of the franchise within ten days immediately after the granting thereof by the city council and the city and the grantee shall make, execute and deliver duplicate agreements in pursuance thereof not later than ten days after the date of delivery of such acceptance. (Prior code § 5.68.090)
5.12.100 Transferability.
Any franchise granted pursuant to this chapter shall be strictly personal to the grantee and shall not be assigned, transferred or conveyed by him or her, either voluntarily or involuntarily. (Prior code § 5.68.100)
5.12.110 Forfeiture for violation.
Any neglect, failure or refusal by the grantee to comply with or perform any of the terms and provisions of the franchise and this chapter shall immediately be grounds for a forfeiture of the franchise, and the city may declare the franchise cancelled and terminated and may exclude the grantee from further use of the streets, alleys, ways and highways within the city for the further carrying on of any of the grantee’s operations under the franchise. The franchise shall become forfeited and terminated and of no further effect upon resolution adopted by the city council at a regular or special meeting called therefor, and held not less than five nor more than ten days from the date when notice thereof has been deposited in the United States mail at San Jacinto, California, duly registered, and addressed to the grantee at his principal place of business. (Prior code § 5.68.110)
5.12.120 Operation without franchise prohibited.
At any time that a franchise is outstanding and in full force and effect pursuant to this chapter, it is unlawful for any person, other than the grantee of the franchise, to operate an ambulance service within the city. Delivery within the city of persons from without the city shall not be considered as operating such ambulance service. (Prior code § 5.68.120)
5.12.130 Surety bond.
The city shall have the right at any time to require grantee to furnish a good and sufficient surety bond in favor of the city, subject to approval by the city attorney, in the penal sum of not more than two thousand dollars ($2,000.00), conditioned upon the faithful performance by grantee of all of the terms and provisions hereof; and conditioned that in case of any breach by grantee of any such terms and conditions, the whole amount of such bond shall be forfeited to the city as liquidated damages for such failure and breach. (Prior code § 5.68.130)
5.12.140 Amendment of provisions.
The city reserves the right to modify, amend, alter, change or eliminate any provision of this chapter at the expiration of each yearly period during the term of any franchise granted under this chapter, or any extension thereof, for any of the following purposes:
A. To eliminate or delete such provisions hereof as may prove obsolete or impractical;
B. To impose such additional conditions upon the grantee as may be reasonable for the purpose of ensuring adequate service. (Prior code § 5.68.140)
5.12.150 Cancellation.
The franchise may be cancelled and terminated by the city council at any time from and after the date upon which it becomes effective by delivering to the grantee a notice, in writing, not less than one hundred eighty (180) days prior to the date set for the cancellation and termination. The delivery of notice shall be deemed to have been made upon the date when the notice is deposited in the United States mail at San Jacinto, California, duly registered and addressed to the grantee at grantee’s principal place of business. (Prior code § 5.68.150)
5.12.160 Vehicles and equipment.
A. Any vehicle operated and maintained under the franchise shall be used for no purpose other than for the transportation of wounded, injured or sick persons.
B. Any and all vehicles and equipment used, maintained and operated by the grantee pursuant to this chapter shall comply with all state statutes, laws, rules and regulations related thereto, as well as any and all of the provisions of this code or other ordinances, rules and regulations of the city. (Prior code § 5.68.160)