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HomeMy WebLinkAbout1732 - Ambulance RegulationsORDINANCE NO. 1732 • AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 5.14.050, 5.14.090, 5.14.130, 5.14.150, 5.14.160, 5.14.170, 5.14.190, 5.14.200 AND 5.14.210 TO CHAPTER 5.14 OF THE NEWPORT BEACH MUNICIPAL CODE, RELATING TO ENFORCEMENT OF AMBULANCE REGULATIONS BY THE FIRE DEPARTMENT n The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Section 5.14.050 of the Newport Beach Municipal Code is amended to read: "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 service, the Finance Director shall refer the application to • the Fire Chief 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 thirty (30) days following the date on which the application is submitted. -1- (b) Notice of the hearing shall be published in the official newspaper of the City at least one, not less than ten (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 ten (10) days to the date prior of the hearing." -1- SECTION 2. Section 5.14.090 of the Newport Beach Municipal Code is amended to read: "5.14.090 Periodic Inspection. Subsequent to the issuance of a certificate of public convenience and necessity pursuant to this Chapter, the Fire Chief shall cause to be inspected each licensed ambulance, its equipment and the premises of the certificate holder whenever the Fire Chief deems such inspection to be necessary, but in any event at least once each year. The operator of the aforesaid licensed ambulance shall provide annually a photocopy of the license issued by the California Highway Patrol to privately owned ambulance companies in accordance with Section 2501 of the California Vehicle Code. In addition, the operator shall provide annually and when requested a copy of the current Ambulance Inspection Report written by the California Highway Patrol for each vehicle to be operated within this jurisdiction." SECTION 3. Section 5.14.130 of the Newport Beach Municipal Code is amended to read: "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 certificate, shall do so only after obtaining the approval of the Fire Chief, which shall be granted only upon written application by the certificate holder, and upon a satisfactory report being made by the Fire Chief concerning the suitability and mechanical condition of the vehicle, a copy of which shall be furnished to the certificate holder. If the -2- • 3 • • • • certificate holder is dissatisfied with any decision of the Fire Chief made pursuant to this Section, he may appeal to the City Council." SECTION 4. Section 5.14.150 of the Newport Beach Municipal Code is amended to read: "5.14.150 Rates for Ambulance Service. Each holder of a certificate of public convenience and necessity for the operation of an ambulance service shall file with its application 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. No certificate holder shall charge rates other than those so approved. The City Council may on its own motion hold a hearing at any time for the purpose of determining whether previously approved rate structures are established at a level which will result in a reasonable degree of competition among the certificate holders operating within the City, provide a fair return to said certificate holders on their investments, and provide a high quality ambulance service to the public. Prior to changing any schedule of rates previously approved for an existing certificate holder, the City Council shall hold a public hearing after giving ten (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 ten (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 and -3- approved rate schedule in a form and location approved by the Fire Chief." SECTION 5. Section 5.14.160 of the Newport Beach • 1 Municipal Code is amended to read: "5.14.160 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 regulations 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 Otates 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 ten (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 Fire Chief shall take into consideration the current list of minimal equipment for ambulances adopted by the American College of Sureons 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." SECTION 6. Section 5.14.170 of the Newport Beach Municipal Code is amended to read: -4- "5.14.170 Permit for Drivers and Attendants. (a) No person shall drive, or serve as an attendant of, an ambulance subject to the requirements of this Chapter without first obtaining a permit in writing to do so from the Fire Chief. (b) No person shall operate an ambulance for hire unless he shall hold a valid driver's license and an ambulance driver's certificate issued by the Department of Motor Vehicles. (c) No person shall drive, or serve as an attendant of, a.x a w 6u)anca A without first o taining an Emergency Medical Technician lA Certificate per the California Administrative Code." SECTION 7. Section 5.14.190 of the Newport Beach Municipal Code is amended to read: "5.14.190 Issuance of Permit. The Fire Chief shall conduct an investigation of each applicant for an 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 had 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 nonmoving violations, such as parking; (c) If the applicant had 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 liquors, or reckless driving; -5- (d) If the applicant does not possess those Specialized Training Certificates required by Chapter 2, Title 13, Sub - Chapter 5, Article 1 of the California Administrative • Code; (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 communicable disease and physical disability which would ,impair his ability to perform his duties." SECTION 8. Section 5.14.200 of the Newport Beach Municipal Code is amended to read: "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 Fire 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." SECTION 9. Section 5.14.210 of the Newport Beach Municipal Code is amended to read: "5.14.210 Revocation of Permit. The Fire Chief 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 Fire Chief in suspending or revoking Q. his permit may file a written notice of appeal with the City Council within thirty (30) days after receiving notice of the action of the Fire Chief." SECTION 10. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (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 April , 1977, and was adopted on the 9th day of May 1977, by the following vote, to wit: AYES, COUNCILMEN: Dostal, Barrett, Kuehn, • McInnis,, Rogers, Williams NOES, COUNCILMEN: None ATTEST: ity Clerk CERTIFIED AS THE ORIGINAL AND CERTIFIED AS TO FUDLICATION DATE MAY 1 1977 CITY CLERK 0, TH'_ CITY Cf N8V7F BFACN ABSENT COUNCILMEN: Ryckoff ArL� �,�) � Mayor -7- DDO /bc 4/20/77