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HomeMy WebLinkAbout1310 - Use & Operation of Ambulancesf 1 .1 0. ORDINANCE NO. 1 11 0 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 5.14 TO TITLE 5 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO REGULATING THE USE AND OPERATION OF AMBULANCES The City Council of the City of Newport Beach does ordain as follows- SECTION 1. Chapter 5.14 is added to the Newport Beach Municipal Code to read: Sections: 5.14.010 5.14.020 5.14.030 5.14.040 5014.050 5.14.060 5.14.070 5.14.080 5.14.090 5.14.100 5.14.110 5.14.120 5.14.130 5.14.140 5.14.150 5.14.160 5.14.170 5.14.180 5.14.190 5.14.200 5.14.210 5.14.220 5.14.230 5.14.240 5.14.250 5.14.010 "Chapter 5.14 AMBULANCE REGULATIONS Definitions. Certificate of Public Convenience and Necessity. Application for Certificate. Filing Fee. Public Hearing; Notice of Hearing. Issuance of Certificate. Form of Certificate. Duration of Certificate. Periodic Inspection. Grounds for Revocation. Transfer of Certificate. Additional Vehicles. Substitution of Vehicles. Public Liability Insurance. Rates for Ambulance Service. Standards for Ambulance Equipment; Rules and Regulations. Permit for Drivers and Attendants. Application for Driver's and Attendant's Permit. Issuance of Permit. Form of Driver's and Attendant's Permit. Revocation of Permit. Standard of Service. File Reports with Police. Existing Ambulance Operators. Violations. Definitions. (a) 'Ambulance' means any privately or publicly -owned motor vehicle that is specially designed or constructed, and equipped, and is intended to be used for and is maintained or operated for, the transporta- tion of patients, including dual purpose police patrol cars, -1- which otherwise comply with the provisions of this Chapter, except any such motor vehicle owned by, or operated under the direct control of, the Federal Government. (b) 'Ambulance Attendant' means a person whose primary duty is to care for sick, injured, or disabled persons while they are being transported in an ambulance. (c) 'Ambulance Driver' means a person whose primary duty is to drive an ambulance. (d) 'Ambulance Operator' means any person, firm, partnership, corporation or other organization which furnishes or offers to furnish ambulance service within the City. (e) 'Patient' means a sick, injured or disabled person who is transported by an ambulance. 5.14.020 Certificate of Public Convenience and Necessity. No person shall operate any ambulance or offer to provide ambulance service on the streets of the City without first having obtained a certificate of public convenience and necessity in accordance with the requirements of this Chapter. (a) Exceptions. The requirements of this Chapter shall not apply to: governmental agency; (1) Ambulance service provided by any (2) Ambulance operators who do not have an office within the City, and whose activities within the City are limited to transporting patients from locations out- side the City to locations within the City. (3) Ambulance operators who are rendering assistance in the case of a major catastrophe or emergency which the licensed ambulance operators of the City of Newport Beach are inadequate to handle. -2- -3® 5.14.030 Application for Certificate. An application for a certificate of public convenience and necessity to operate an ambulance service shall be filed with-the Finance Director upon forms provided by the City, which shall be verified and shall contain the following information: (a) The name, business address and business telephone number of the applicant. (b) If the applicant proposes to conduct business under a fictitious name, the application shall state the name, address and telephone number of each person owning a financial interest in the business. (c) The name, address and telephone number of the person, or persons, who will have general management responsibility for the applicant's business. (d) A financial statement prepared by a certi- fied public accountant showing the financial status of the app - licant during the past two years preceding the application. (e) A statement of the experience of the principals in the business of operating an ambulance service. (f) The year of manufacture, make, model, motor number, State license number and patient capacity of each ambu- lance which the applicant proposes to use in the operation of its business. (g) The addresses and a description of the facilities at each fixed location within the City which appli- cant proposes to use in connection with its operations. (h) Any facts which the applicant believes tend to prove that the public convenience and necessity requires the granting of a permit to the applicant. to(i) A complete schedule of fees which the applicant proposes to charge for its services. (j) A description of the color scheme, monogram, -3® Council meeting occurring not less than 30 days following the date on which the application is submitted. (b) Notice of the hearing shall be published in the official newspaper of the City at least once, not less than 10 days prior to the date scheduled for the hearing. In addition, written notice shall be given to each person holding a certificate for the operation of an ambulance service, at least 10 days prior to the date of the hearing. 5.14.060 Issuance of Certificate. After consideration of all evidence which it deems relevant, at the public hearing, the City Council shall determine whether to issue or deny the requested certificate of public convenience and necessity. In reaching a decision, the City Council shall -4- advertising, or other distinguishing characteristics to be used to designate the applicant's ambulances. . (k) Such other information as the Finance Director may reasonably require. 50140040 Filing Fee, An application as required by this Chapter shall be accompanied by a filing fee of $150, plus $25 for each ambulance which applicant proposes to operate within the City, to cover the administrative cost to the City of processing the application. 5.14.050 Public Hearing; Notice of Hearing, (a) Upon the filing of a completed application for a certificate of public convenience and necessity to operate an ambulance ser- vice, the Finance Director shall refer the application to the Chief of Police and other appropriate City departments for an investigation and report. The Finance Director shall also refer the application to the City Clerk who shall set a time • and date for a public hearing, at which time the City Council will consider the application, The City Clerk shall schedule said hearing on the agenda for the first available regular Council meeting occurring not less than 30 days following the date on which the application is submitted. (b) Notice of the hearing shall be published in the official newspaper of the City at least once, not less than 10 days prior to the date scheduled for the hearing. In addition, written notice shall be given to each person holding a certificate for the operation of an ambulance service, at least 10 days prior to the date of the hearing. 5.14.060 Issuance of Certificate. After consideration of all evidence which it deems relevant, at the public hearing, the City Council shall determine whether to issue or deny the requested certificate of public convenience and necessity. In reaching a decision, the City Council shall -4- 0 consider the following factors: (a) Whether the applicant is qualified on the basis of moral character, experience in the ambulance business, and financial responsibility; (b) Whether the number of ambulances already operating within the City is adequate to meet the public need; (c) The probable effect that approval of the application would have on the level and quality of service available to the public; (d) Whether the facilities, personnel and equipment which the applicant proposes to use are adequate. 5 ,14.070 Form of Certificate. If the City Council determines that the public convenience and necessity requires the proposed ambulance service, a certificate authorizing such service shall be issued to the applicant. In granting a certificate, the City Council may limit the number of ambu- lances that may be operated pursuant to said certificate. A certificate shall not be issued to any person who shall not have fully complied with all the requirements of this Chapter. 5.14.080 Duration of Certificate. A certificate of public convenience and necessity for the operation of an ambulance service issued pursuant to this Chapter shall be valid for an indefinite period of time, unless such certifi- date is suspended or revoked. 5.14.090 Periodic Inspection. Subsequent to the issuance of a certificate of public convenience and necessity pursuant to this Chapter, the Chief of Police shall cause to be inspected each licensed ambulance, its equipment and the premises of the certificate holder whenever the Chief of -5- • Police deems such inspection to be necessary, but in any event at least once. each year. 5.14.100 Grounds for Revocation. Any certificate or permit granted pursuant to the provisions of this Chapter may be revoked by the City Council, either in whole or in part, after 5 days' prior written notice to the certificate or permit holder, directing him to appear at a certain time and place to show cause why the certificate should not be revoked, on any of the following grounds: (a) That the certificate holder has not filed adequate evidence of liability insurance coverage with the City Clerk, or has allowed its insurance coverage to lapse or be canceled; (b) For the violation of any rule, regula- tion or condition set forth in or authorized by this Chapter, or made a condition of the certificate of.public convenience and necessity. (c) For the violation of any laws of the State or City with respect to the operation of the business by any certificate holder, or repeated violations by employees of the certificate holder. (d) For failure to maintain satisfactory service to the public, or for failure to keep any ambulance in a safe and sanitary condition, or for deviation from the schedule of rates approved by the City Council. 5.14.110 Transfer of Certificate. No certificate issued pursuant to the provisions of this Chapter shall be transferable, either by assignment, sale, hypothecation, operation of law, or otherwise, without the permission of the City Council having been first obtained. Application for transfer of any certificate shall be subject to the -6- LJ same terms, conditions and requirements as in an application for an original certificate. In approving the transfer of an existing certificate, the City Council may impose such conditions as it may determine are in the public interest. 5.14.120 Additional Vehicles. Any person holding a certificate to operate one or more ambulances pursuant to this Chapter, who desires to add to the number of such vehicles, shall do so only after first obtaining the con- sent of the City Manager, which shall be granted if the City Manager determines that the approval of such additional ambulance or ambulances would be in accord with the public convenience and necessity under the standards set forth in subsections (b), (c) and (d) of Section 5.14.060. 5.14.130 Substitution of Vehicles. Any person holding a certificate to operate one or more ambulances, as provided in this Chapter, who desires to substitute a different vehicle for a vehicle authorized under such certi- ficate,shall do so only after obtaining the approval of the Chief of Police, which shall be granted only upon written application by the certificate holder, and upon a satis- factory report being made by the Chief of Police concerning the suitability and mechanical condition of the vehicle, a copy of which shall be furnished to the certificate holder. If the certificate holder is dissatisfied with any decision of the Chief of Police made pursuant to this Section, he may appeal to the City Council. 5.14.140 Public Liability Insurance. No holder of a certificate to operate an ambulance service shall drive or operate an ambulance, or cause the same to be driven or operated, in the City unless there is on file with the City Clerk, and in full force and effect at all times while such -7- IM ambulance is being operated, a policy of insurance approved by the City Attorney and the Finance Director, evidencing that the certificate holder is insured under a policy of liability insurance providing minimum coverage in the follow- ing amounts: Death or injury of one person, $ 300,000 death or injury of two or more persons, $ 500,000 ; damage to property, $ 50,000 . Said policy shall further provide that the City shall be given 30 days' prior written notice of any cancellation, termination or change in the amount of such insurance coverage. Failure of any certificate holder to maintain the insurance required by this Section shall consti- tute grounds for revocation of its certificate of public convenience and necessity. 5.14.150 Rates for Ambulance Service. Each holder of a certificate of public convenience and necessity for the Ocation operation of an ambulance service shall file with its appli- for a certificate a proposed schedule of rates to be charged for the transportation of patients in all ambulances operated by said certificate holder. After approval by the City Council, said rates shall not be changed or modified in any manner without the prior approval of the City Council. Prior to changing any schedule of rates previously approved for an existing certificate holder, the City Council shall hold a public hearing after giving 10 days° prior written notice to all certificate holders and /or applicants, and publication of said proposed rate changes in the official newspaper of the City at least once, not less than 10 days prior to the date of said hearing. Every certificate holder shall post in a conspicuous place in the interior of each ambulance operated by said certificate holder the approved rate schedule in a form and location approved by the Chief. -.. IM of :Police. 5,140160 Standards for Ambulance Equipment; Rules and Regulations. (a) Each ambulance shall be equipped with a two -way radio and such equipment as the City Manager shall determine to be adequate for dressing wounds, splinting fractures, controlling hemorrhage and providing oxygen, (b) The City Manager shall have the authority to make rules and regulations not inconsistent with this Chapter concerning standards for required equipment in ambulances. Prior to adoption of such rules and regula- tions by the City Manager, the holders of all certificates of public convenience and necessity for the operation of ambulance services shall be furnished with a copy of.the proposed rules and regulations, and shall be advised in writing by United States mail of the time and place at which the City Manager will hold a public hearing to consider the adoption of said rules, at least 10 days prior to the date of said public hearing. Following adoption by the City Manager, said rules and regulations shall be filed with the City Clerk and shall constitute enforceable provisions of this Chapter. In determining the adequacy of equipment, the Cbief;cif'Police shall take into consideration the current list of minimal equipment for ambulances adopted by the American College of Surgeons or its duly authorized Committee on Trauma. Each holder of an ambulance operator's permit shall comply with such regulations as may be adopted by the City Manager, 5,14,170 Permit for Drivers and Attendants, (a) No person shall drive, or serve as an attendant of, an ambu- lance subject to the requirements of this Chapter without first obtaining a permit in writing to do so from the Chief of Police. (b) No person shall operate an ambulance for hire unless he shall hold a valid chauffeur's license and an ambulance driving certificate issued by the Department of Motor Vehicles. 5.14.180 Application for Driver °s and Attendant's Permit. An applicant for an ambulance driver's or ambu- lance attendant's permit shall file his application with the Finance Director on forms furnished by the City, together with an application fee of $15. Each applicant shall submit with his application three (3) recent photo- graphs of himself of a size designated by the Finance Director. To be eligible for either type of permit, an applicant must be at least 21 years of age. 5.14.190 Issuance of Permit. The Chief of Police shall conduct an investigation of each applicant for an •r ambulance driver °s or ambulance attendant's permit, and may refuse to issue such permit, and may suspend or revoke a permit previously granted, on any of the following grounds: (a) If the applicant is addicted to the use of alcoholic beverages, dangerous drugs or narcotics, or is not of good moral character; (b) If the applicant for a driver °s permit has been convicted three or more times within the past year for violation of any law or ordinance regulating the operation of motor vehicles, other than non - moving violations, such as parking; (c) If the applicant has been convicted within the past three years of a crime involving moral turpitude, the use or possession of narcotics, or for operating a vehicle while under the influence of intoxicating -10- t: 0 liquors, or reckless driving; (d) If the applicant does not possess either an Advanced American Red Cross First Aid Certificate, or an Advanced First Aid Certificate issued by the United States Bureau of Mines; (e) If the applicant is unable to produce at any-time, and not less frequently than once a year, a certificate of a duly licensed physician stating that the applicant is in the opinion of such physician free of com- municable disease and physical disability which would impair his ability to perform his duties. 5.14.200 Form of Driver ®s and Attendant's Permit. The permit shall be in the form of a card which shall bear the signature, photograph, and fingerprints of the applicant. Such card shall be issued in duplicate, and one copy shall be placed on file with the Police Department. The other card shall be carried on the person of the permittee at all times while on duty as an ambulance driver or attendant. 5.14.210 Revocation of Permit. The Chief of Police may revoke any permit issued by him when, in his opinion, the permittee is unfit to serve as an attendant or driver of an ambulance, on the basis that (a) he obtained the permit by fraud or misrepresentation; (b) he has violated the provisions of this Chapter or any other State or municipal law relating to his duties; or (c) he has ceased to meet the requirements that justified the original issuance of the permit. Any permittee who is dissatisfied with the decision of the Chief of Police in suspending or revoking his permit may file a written notice of appeal with the City Council within 30 days after receiving notice of the action of the Chief of Police. -11- is . I ` .. automatically granted a new certificate of public convenience and necessity to continue to operate the same number of ambulances within the City as authorized under its existing certificate without being required to pay the fees set forth -12- 5.14.220 Standard of Service. Any person holding a certificate of public convenience and necessity to operate • an ambulance service within the City shall provide ambulance service on a 24 -hour basis, 7 days a week. 5.14.230 File Reports with Police. Within one -half hour after conveying any injured, sick,or dead persons who die en route, to any public or private hospital,or removing any such person or persons from any place within the City to another place within the City or beyond its limits, a person owning or operating an ambulance hereunder, his agent or employee, shall notify the Police Department of such opera- tion. Such notice shall give the name and address of such injured, sick or dead person, when such information is available, and the place to and from which such person was removed, The Chief of Police, in his discretion, may estab- • lish a policy requiring that any person owning or operating an ambulance hereunder, his agent or employee, shall within 24 hours after removal of any such injured, sick or dead person, file a written report to the Police Department giving the information.required above, and any other relevant information which the Police Department may require. The Police Department shall provide forms upon which the informa- tion required under this section shall be written, 5.14.240 Existing Ambulance Operators. Each person holding a valid certificate of public convenience and necessity to operate an ambulance service issued by the City Council prior to effective date of this Chapter shall be automatically granted a new certificate of public convenience and necessity to continue to operate the same number of ambulances within the City as authorized under its existing certificate without being required to pay the fees set forth -12- 0 a in Section 5.14,040, provided, however, that all existing certificate holders and their employees shall be required to comply with all of the other provisions of this Chapter. 5.14.250 Violations. No person shall violate any provision or fail to comply with any of the requirements of this ordinance. In addition to the provisions of this ordinance providing for suspension or- revocation of any permit issued pursuant to this Chapter, any person found guilty of violating any provision of this Chapter shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than $500, or by imprisonment in the County jail for not more than 6 months, or by both such fine and imprisonment. Each such person shall be guilty of separate offenses for each and every day during any portion of which any violation of any provision of this ordinance is committed, continued or permitted by such person." SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective 30 days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 25th day of August , 1969, and was adopted on the 22nd day of September , 1969, by the following vote, to wits ATTEST City Clerk CERTIFIED AS THE ORIGINAL AND CERTIFIED AS TO PUBLICATION AYES, COUNCILMEN: McInnis, Shelton, Parsons, Marshall, Rogers, Hirth, Gruber NOES, COUNCILMEN: None ABSENT r - -13- q-- --- - ----- ._E°.�C CLERK Of 7HE G THS:mh 8/20/69