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HomeMy WebLinkAbout87-44 - Amending Chapter 5.14. of the Newport Beach Municipal Code Pertaining to Ambulance RegulationsORDINANCE NO. 87 -44 AN ODDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 5.14. OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO • AMBULANCE REGULATIONS. THE COUNCIL OF THE CITY OF NEWPORT BEACH DOES ORDAIN AS FOLLOWS: 5.14.010 Intent and Purpose. 5.14.020 Definitions. 5.14.030 Emergency Ambulance Transportation Service Providers. 5.14.040 Emergency Ambulance Transportation Service Provider Specifications. 5.14.050 Hearing. 5.14.060 Selection. 5.14.070 Agreements. 5.14.080 Issuance of Certificate. 5.14.090 Revocation or Suspension of Certificate. 5.14.100 Transfer of Certificate. 5.14.110 License Required. 5.14.120 Advanced Life Support Ambulance Transportation Service Providers. 5.14.130 Non - Emergency Ambulance Transportation Service Providers. 5.14.140 Permit for Drivers and Attendants. 5.14.150 Application for Driver's and Attendant's Permit. 5.14.160 Issuance of Permit. 5.14.170 Form of Driver's and Attendant's Permits. • 5.14.180 Revocation or Suspension of Permit. 5.14.190 File Report with Police. 5.14.200 Public Liability Insurance. 5.14.210 Existing Ambulance Operators. 5.14.220 Violations. 5.14.010 Intent and Purpose. It is the intent of this Chapter to prescribe the basic regulations for ambulances. It is the purpose of the City Council in enacting the Ordinance codified in this Chapter to provide a fair and Impartial means of distributing requests for ambulance services among qualified firms, and to insure that such service is prompt and reasonably priced, and in the best interest of the public as well as the interest of efficient ambulance operations. 5.14.020 Definitions. (a) "Advanced Life Support Ambulance Transportation • Service" means transportation by ambulance of a patient who needs advanced life support medical care while enroute from one -1- location to another. This transportation does not normally require a Code 3 (red lights and siren.) (b) "Ambulance" means any privately or publicly owned motor vehicle that is designed or constructed, and equipped, and • is intended to be used for and is maintained or operated for, the transportation of patients, 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. (c) "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. (d) "Ambulance Driver" means a person whose primary duty is to drive an ambulance. (e) "Ambulance Operator" means any person, firm, partnership, corporation or other organization which furnished or offers to furnish ambulance service within the City. (f) "Emergency Ambulance Transportation Service" means • transportation by ambulance of a patient in need of medical treatment at a hospital and means ambulance services performed in response to an emergency. This transportation may require Code 3 (red lights and siren.) (g) "Non - Emergency Ambulance Transportation Service" means transportation by ambulance of a patient who is medically stable but requires transportation from one location to another. This transportation does not normally require Code 3 (red lights and siren.) 5.14.030 Emergency Ambulance Transportation Service Providers. There shall be two (2) official Emergency Ambulance Transportation Service providers selected and designated to • provide service at the request of the Fire Department throughout the City of Newport Beach. Said determination is based upon -2- review of the Emergency Ambulance Transportation Service providers and a finding that two (2) Erne rgency Ambulance Transportation Service providers are sufficient to provide a high • level of service to the public at the present time; that a limitation to two (2) services contributes to efficient administration of the program of providing Emergency Ambulance Transportation Service providers and, further fragmentation of the limited income derived from such services would tend to reduce the capabilities of the Emergency Ambulance Transportation Service providers to properly maintain equipment and attendants and downgrade the level of services to the public. 5.14.040 Emergency Ambulance Transportation Service Provider Specifications. The City Clerk shall be authorized to advertise for bids. Notice inviting bids shall be published in the official newspaper by one (1) or more insertions, the first of which shall be at least ten (10) days before the time for opening bids. Said notice shall list the date, time, and location for receiving • sealed bids and the time at which the bids will be opened. Bids shall be submitted on forms prepared by the Fire Department and obtained from the Finance Department and shall contain information indicating adequacy of equipment, rate schedule and such other information necessary to evaluate the ability to perform Emergency Ambulance Transportation Services. 5.14.050 Hearing. After the bid opening, the City Clerk shall set a hearing before the City Council giving notice of the time to be set at least five (5) days before the date of said hearing to all persons submitting bids. 5.14.060 Selection. At the time set for the hearing, the City Council may • examine the bidders, all relevant evidence, and award the contract to those found to be the most responsible bidders. The -3- City Council reserves the right to reject all bids if it is believed to be in the public interest. 5.14.070 Agreements. Emergency Ambulance Transportation Service providers • awarded the contract shall enter into an agreement with the City, which agreement shall contain eligibility requirements, operating rules and regulations, equipment standards, and rate schedules as adopted by the City Council and shall have a three (3) year term. Any Emergency Ambulance Transportation Service operator whose agreement with the City will expire or has expired may bid on subsequent Emergency Ambulance Transportation Service notices inviting bids. After approval of the agreement by the City Council, the rates shall not be changed or modified in any manner without the prior mutual approval of the City Council and the Energency Ambulance Transportation Service provider. No operator shall charge rates other than those so approved. Prior to changing any schedule of rates previously approved for an existing operator, • the City Council shall hold a public hearing after giving ten (10) days' prior written notice to all operators 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. 5.14.080 Issuance of Certificate. No person shall operate an Emergency Ambulance Transportation Service without first obtaining a certificate of public convenience and necessity. In reaching a decision on the issuance of a certificate of public convenience and necessity, the City Council shall take into account the following considerations over and above the other requirements contained in this Chapter: -4- (A) Whether the applicant is qualified on the basis of moral character, experience in the Emergency Ambulance Transportation Service business, and financial responsibility; • (B) The level and quality of service which would be made available to the public; such as, accessibility and adequacy of the facilities, whether the service operates on a twenty -four (24) hour basis, and availability of extra pieces of equipment; (C) Reasonableness of fees to be charged for service; (D) Physical condition of equipment; and (E) Adequacy of facilities and personnel. 5.14.090 Revocation or Suspension of Certificate. The City Manager may revoke or suspend any certificate on the following grounds: (a) That the certificate holder has not filed adequate evidence of insurance coverage with the City Clerk, or has allowed its insurance coverage to lapse or be cancelled; or (b) for the violation of any rule, regulation or condit ion set forth in or authorized by this Chapter, or made a • condition of the certificate of public convenience and necessity; or (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 or the certificate holder; or (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. In any such case, the certificate holder shall have the right to appeal to the City Council in the time and manner set forth in this section. When the City Manager concludes that grounds for • revocation or suspension exist, the City Manager shall serve the certificate holder, either personally or by certified mail -5- addressed to the business address of applicant or permit holder, with a Notice of Intent to Revoke or Suspend Certificate. Th is Notice shall state the reasons for the proposed revocation or • suspension, the effective date of the revocation or suspension, if no appeal is filed by certificate holder, and the right of the certificate holder to appeal to the City Council and the decision of the City manager to revoke or suspend the certificate. The right to appeal to the City Council shall terminate upon the expiration of fifteen (15) days following the personal service or deposit of the Notice of Intent to Revoke or Suspend Certificate in the United States mail, whichever shall occur first. The City Council of the City of Newport Beach may preside over the hearing on appeal, or, in the alternative, appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to the City Council findings and recommendations to be considered by the City Council of the City of Newport Beach. The City Council of the City of Newport Beach shall render its decision within forty -five (45) days from the • date on which the City Council receives the findings and recommendations of the hearing officer. The decision of the City Council shall be final. • 5.14.100 Transfer of Certificate. No certificate issued pursuant to the provisions of this Chapter shall be transferrable, 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 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. -6- 5.14.110 License Required. All 13nergency Ambulance Transportation Service, Advanced Life Support Transportation Service and Non - Emergency Ambulance • Transportation Service must secure a City business license prior to operat ion. 5.14.120 Advanced Life Support Ambulance Transportation Service Providers. No person shall operate any Advanced Life Support Ambulance Transportation Service on the streets of the City without first having provided the Finance Director with evidence of County approval for the personnel, equipment and operation of an Advanced Life Support Ambulance Transportation Service within Orange County. The City Council shall by resolution establish a schedule of rates applicable to all Advanced Life Support Ambulance Transportation Service providers and may, upon its own motion or upon application of any person holding a business license for the operation of an Advanced Life Support Ambulance • Transportation Service, modify or amend such a schedule. Prior to establishing, modifying or amending any schedule of rates for Advanced Life Support Ambulance Transportation Service, the City Council shall hold a public hearing after giving ten (10) days, prior written notice to all providers 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. 5.14.130 Non- Dnergency Ambulance Transportation Service Providers. No person shall operate any Non- 13nergency Ambulance Transportation Service on the streets of the City without first having provided the Finance Director with evidence of County • approval for the personnel, equipment and operation of Non - Bnergency Ambulance Transportation Service within Orange County. -7- The City Council shall by resolution establish a schedule of rates applicable to all Non - Emergency Ambulance Transportation Service providers and may, upon its own motion or . upon application of any person holding a business license for the operation of Non- Energency Ambulance Transportation Service, modify or amend such a schedule. Prior to establishing, modifying or amending any schedule of rates of Non - Emergency Ambulance Transportation Service, the City Council shall hold a public hearing after giving ten (10) days' prior written notice to all providers 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. 5.14.140 Permit for Drivers and Attendants. (a) No person shall drive, or serve as an attendant of, an Emergency Ambulance Transportation Service 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 Emergency Ambulance Transportation Service unless he or she 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, an Emergency Ambulance Transportation Service without first obtaining an Emergency Medical Technician IA Certificate per the California Administrative Code. 5.14.150 Application for Driver's and Attendant's Permit. An applicant for an Energency Ambulance Transportation Service's permit shall file his application with the Finance Director on forms furnished by the City, together with an • application fee as established by Resolution of the City Council. Each applicant shall submit with his application three -8- (3) recent photographs of himself of a size designated by the Finance Director. To be eligible for either type of permit, an applicant must be at least eighteen (1 � • a- o° age. 5.14.160 Issuance of Permit. • The Fire Chief shall conduct an investigation of each applicant for an Emergency Ambulance Transportation Service'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 (3) 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 had been convicted within the past • three (3) 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; (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 every two (2) years, a certificate of a fully 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. 5.14.170 Form of Driver's and Attendant's Permit. • Upon completion of the investigation, the Fire Chief shall place on file a non - transferrable permit valid until the -9- expiration of the company's Certificate of Public Convenience and Necessity. 5.14.180 Revocation or Suspension of Permit. The Fire Chief may revoke or suspend any Emergency • Ambulance Transportation Service issued by him or her when, in his or her opinion, the permittee is unfit to serve as an attendant or driver of an Emergency Ambulance Transportation Service. (a) He or she obtained the certificate by fraud or misrepresentation; (b) he or she has violated the provisions of this Chapter or any other state or municipal law relating to his or her duties; or (c) he or she has ceased to meet the requirements that justified the original issuance of the permit. In any such case the applicant or permit holder shall have the right to appeal to the City Council in the time and manner set forth in this section. • When the Fire Chief concludes that grounds for revocation or suspension exist, the Fire Chief shall serve the permit holder, either personally or by certified mail addressed to the business address of applicant or permit holder, with a Notice of Intent to Revoke or Suspend Permit. This notice shall state the reasons for the proposed revocation or suspension, the effective date of the revocation or suspension if no appeal is filed by applicant or permit holder, and the right of the applicant or permit holder to appeal to the City Council and the decision of the Fire Chief to revoke or suspend the certificate. The right to appeal to the City Council shall terminate upon the expiration of fifteen (15) days following the personal service or deposit of the Notice of Intent to Revoke or • Suspend Permit in the United States mail, whichever shall occur first. -10- The City Council of the City of Newport Beach may preside over the hearing on appeal or, in the alternative, appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to the City Council findings and •reconmendat ions to be considered by the City Council of the City of Newport Beach. The City Council of the City of Newport Beach shall render its decision within forty -five (45) days from date of the hearing or, in the event that a hearing officer has been appointed, within forty -five (45) days from the date on which the City Council receives the findings and recommendations of the hearing officer. The decision of the City Council shall be final. 5.14.190 File Report with Police. Within one -half (1/2) hour after conveying any injured, sick, or dead persons who die in route, to any public or private hospitals, 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 Emergency Ambulance • Transportation Service, Advanced Life Support Ambulance Transportation Service or Non - Emergency Ambulance Transportation Service hereunder, his agent or employee, shall notify the Police Department of such operation. 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 establish a policy requiring that any person owning or operating an ambulance hereunder, his agent or employee, shall within twenty -four (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 information required under this section shall be written. -11- 5.14.200 Public Liability Insurance. The Certificate holder shall obtain and keep in force during the term of the certificate, comprehensive automobile liability insurance, comprehensive general liability insurance, • and professional liability insurance issued by a company authorized to do business in the State of California, acceptable to the Finance Director, insuring the certificate holder against loss by reason of injury or damage that may result to persons or property arising from the operations of the certificate holder or from violation of this Chapter or any other law of the State of California, or the United States. Said comprehensive automobile liability insurance shall be in the sum of not less than one million ($1,000,000) dollars combined single limit, bodily injury and property damage. Said comprehensive general liability insurance shall be in the sum of not less than one million ($1,000,000) dollars combined single limit, bodily injury and property damage. Said professional liability insurance shall be in the sum of not less than one million ($1,000,000) dollars per • person and one million ($1,000,000) dollars annual aggregate. Workers' Conpensat ion Insurance shall be carried covering all employees of the license holder. Before the Certificate shall be issued, copies of the policies, or insurance certificate evidencing such policies, shall be filed with the Finance Director. All policies shall contain a provision requiring a thirty (30) day notice to be given to the City prior to cancellation, modification, or reduction in limits. 5.14.210 Existing Ambulance Operators. Emergency Ambulance Transportation Service providers currently validly operating within the City of Newport Beach as of the date of adoption of this Ordinance, shall be authorized to continue such services as if approved hereunder for a term of • three (3) years if, as of said date, such company and all personnel and equipment to be utilized within the City of Newport -12- Beach are shown to the satisfaction of the Fire Chief to be then validly and currently certified to render such Emergency Ambulance Transportation Service. Such ambulance companies shall • be required, within thirty (30) days after the adoption of this Ordinance, to provide the Finance Director to his or her satisfaction, proof that all insurance requirements imposed hereby have been met and to execute an agreement with the City under Section 5.14.070. Advanced Life Support Ambulance Transportation Service providers currently validly operating within the City of Newport Beach as of the date of adoption of this Ordinance, shall be authorized to continue such services as if approved hereunder subject to the provisions of Section 5.14.120. Non - Emergency Ambulance Transportation Service providers currently validly operating within the City of Newport Beach as of the date of adoption of this Ordinance, shall be authorized to continue such services as if approved hereunder subject to the provisions of Section 5.14.130. • 5.14.220 Violations. No person shall violate any provision or fail to comply with any of the requirements of this Chapter. In addition to the provisions of this Chapter 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 five hundred :($500) dollars, or by imprisonment in the County jail for not more than six (6) months, or by both such fine and imprisonment. Each such person shall be guilty of separate offense for each and every day during any portion of which any violation of such provision of this Chapter is committed, continued or permitted by such person. • -13- This Ordinance was introduced at a regular meeting of the City Council, City of Newport Beach, held on the 28th day of September , 1987 and was adopted on the 12th day of October 1987 by the following votes to wit. • AYES, COUNC IIdV EMBERS Cox, Hart, Maurer, • Plummer, Sansone, Strauss, Turner NOES, COUNC II.MEMBERS ABSENT COUNCI MEMBERS -14-