HomeMy WebLinkAboutORD-24-79 REMOVES AMBULANCE FROM THE TYPE OF VEHICLES REGULATED AS VEHICLES FOR HIRE AND ADDING OF THE NEW COUNTY MODELORANGE CITY NEWS: Please publish WednesdaYl May 2 1979 l' d
ud PROOF OF PUBLICATION to City Clerk. ..
on y, an send PR00l'
P.O, Box 449, Orange, California 02666,
CHARLOTTE M, JOHNSTON. CI'C..L..illY... CJ.V!!
ORDINANCE NO. 24-
79 AN ORDINANCE OF THE CITY COUNCIL OF TilE
CITY OF ORANGE AMENDING SECTION 6550(c) OF
THE ORANGE MUNICIPAL CODE, BY REMOVING
AMBULANCE FROM THE TYPE OF VEIIICLES REGULATED AS
VEHICLES FOR HIRE, AND ADDING THE PROVISIONS OF THE
NEW COUNTY MODEL AMBULANCE ORDINANCE TO
BECOME SECTIONS 6325 THROUGH 6325.20 OF THE
ORANGE MUNICIPAL
CODE.WHEREAS, the City Council of the City of Orange desires
to prescribe the basic regulations for the operation of
ambulances and convalescent transport vehicles in the City of Orange
in emergency and non-emergency situations for the
care and transportation of persons needing such
services, and WHEREAS, it is the purpose of the City Council
in enacting this chapter to provide a fair and impartial means
of selecting responsible private operators to engage in
ambulance and convalescent care and transportation in the public
interest and to prevent the deleterious effects of unregulated
competition in such
service, and ffilEREAS, the City council of the City of Orange
desires to adopt to the extent feasible the new County
Model Ambulance Ordinance in order to eliminate or
minimize duplicating regulations and to assure the smooth and
coordinated delivery of such services in
Orange County.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE DOES ORDAIN
AS FOLLOWS:
SECTION I:Section 6550(c) is hereby amended to read
as follows:c)VEHICLE FOR HIRE includes chartered
bus, limousine,taxicab, and every motor vehicle used in the
bus~ness of carrying passengers for hire and the destinat~
on and route of which are under the control
of passengers being carried therein. Vehicle for hire does
n~t include ambulance or convalescent transport veh~
cle as defined and regulated under section 6325 et seg.
of the Orange
g,CTION II:
sections 6325 through 6325.20 are her b
Municipal Code to read as follows ley added to the Orange
Section
6325
6325.1
6325.2
6325.3
6325.4
6325.5
6325.6
6325.7
6325.8
6325.9
6325.10
6325.11
6325.12
6325.13
6325.14
6325.15
6325.16
6325.17
6325.18
6325.19
6325.20
Chapter 3-
A
AMBULANCES
Definitions Need and
Necessity Specification of Emergency Response
Areas
Application Investigation and Public Hearing by City
Council Issuance or Denial of
License Liability
Insurance Renewal of
License Amendment of
License Term of
License
Notification Appeal to the City
Council Emergency Service
Availability Ambulance
Personnel Suspension and Revocation of Licenses
or
Certificates Ambulance
Rates Emergency and Disaster
Operation User
complaints Regulation and
Enforcement Compliance with State Law and
RegUlations
Variances Section 6325
Definitions The following terms, as used in this chapter
shall,unless the context clearly indicates otherwise, have
the respective meanings herein set
forth.a) AMBULANCE means a motor vehicle specifically
constructed,modified, equipped, or arranged and operated for
the purpose of transporting patients requiring
emergency
service.b) AMBULANCE ATTENDANT means a qualified person acting
as an attendant on an ambulance responding to a call
and who occupies the patient compartment while
transporting any patient in apparent need of medical
attention.c) AMBULANCE SERVICE means any private person who
operates one or more ambulances. Ambulance service shall
not include a person who maintains ambulances for the
use of his own
employees.d) AMBULANCE SERVICE OPERATOR means any person who
operates an ambulance
service.
e)
CONVALESCENT TRANSPORT SERVICE means any private person who
operates one or more convalescent transport vehicles.f)
CONV~LESCENT TRANSPORT VEHICLE means a motor vehicle spec~
ally constructed or modified, equipped or arranged and
oper~t7d for the purpose of transporting patients not
requ~r~ng emergency service.g)
DEPARTMENT means Public Health and Medical Services of the
Human Services Agency, County of Orange.h)
DRIVER means any qualified person who operates an ambulance while
responding to a call and while transporting any patient.
i)
EMERGENCY means a request for the immediate dispatch of an
ambulance to transport or provide other assistance for
a person apparently having a sudden unforeseen need of
immediate emergency medical attention.j)
EMERGENCY SERVICE means the service performed in response to
an emergency call.k)
HEALTH OFFICER means the Orange County Health Of ficer.1)
LICENSEE means any ambulance service or convalescent transport
service which has been regularly granted a license
to engage in the ambulance service or convalescent transport
service.m)
PATIENT means a wounded, injured, sick, invalid, convalescent,or
otherwise incapacitated person.n)
PERSON means any individual, firm, corporation, partnership,association,
or other group or combination acting as a unit.
0)
PUBLIC SAFETY AGENCY means any public law enforcement,fire
protection agency, lifeguard, or forest ranger operating
in Orange County.Section
6325.1 Need and Necessity al
b)
Required.
It shall be unlawful for any person either as
owner agent or otherwise, to operate, conduct,advertis~,
or otherwise engage in or prof7ss to be engaged
in the business of ambulance serv~ce or convalescent
transport serv~ce upon,the s~reets,or
any public way or place ~n the c~ty, w~tho~t possession
of a license issued purs~ant to th~s,chapter.
A licensed ambulance serv~ce may prov~d7 convalescent
transport service without the necess~ty of
an additional license, No license may be transferred by
operation of law or otherwise.Exceptions.
The provisions of this chapter shall not apply
to:1)
Vehicles operated as ambulances or convalescent transport
vehicles at the request of local "uthorities
during any "state of war emergency,state
of emergency," or "local emergency," as defined
in the Government Code,3-
2) Ambulance~ or conv~lescent transport vehicles
ransport~ng a pa~~ent from a location outside the
nco~por~ted terr~tory of City regardless of
dest~nat~on.
3) Ambulances or convalescent transport vehicles
r7s~ondin? t~ the telephone request of an individual
clt~~en w~thln the City of Orange to said ambulance
serv~ce or convalescent transport service provided
that said s7rvice ~s licensed by the Depa~tment
and that sa~d serv~ce has a valid City of Orange
Business Tax Certificate.
Section 6325.2 Specification of Emergency Response Areas
All ambulance service licenses shall specify the City
territory, if any, within which the licensee may provide
emergency ambulance service and no ambulance service operator
shall provide emergency ambulance service for ambulance
calls originating within the City but outside the territorial
limits fixed in the license.
a) Exceptions. A licensee may provide emergency service
for ambulance calls originating outside the territorial
limits fixed in the license issued to him:
1) Upon request by any City public safety agency when
such public safety agency has made reasonable
attempts to utilize an ambulance service within
the emergency response area.
2) Upon request of any person for emergency ambulance
service when an ambulance is not immediately
available in the emergency response area from
which the request originates.
3) Upon request of another license holder who does
not have an ambulance immediately available in the
emergency response area from which a request
originates.
4) To provide return ambulance service to a person
who originally used lice~see~s servi7es for ~ulance
transportation to a dest~nat~on outs~de of h~s
service area.
5) To provide ambulance service pursuant to a written
contract between the licensee and a facility
licensed pursuant to Division 2, ~hapter 2, ~ealth
and Safety Code, or licensed phy~~cian, ~rov~ded
that the Health Officer has rece~ved, pr~or to
the provision of such service, a copy of such
contract.
6) To provide standby ambulance on a contract basis
for special events.
Section 6325.3 APplication
a)Procedure and Information Re uired. Applicants for
ambu ance serv~ce ~cense s a Ie with thfe D~pahrtdmebnt
l' t' in writing on a form to be urn~s e y
anh app ~cta ~ont wh~ch shail give the following information:
t e Depar men, .
1) Name and description of applicant.
2) Business address and residence address of record
of the applicant.
3) Trade or firm name, or DBA as recorded.
4-
4 )
5 )
6 )
7 )
8 )
9)
10 )
11)
If
a corporation a joi t t limited
partnership thn ven ure of a general or ff'
h ' I
e names of all partners and o ~
cers, t e~r permanent addresses and their percentage
of participation in the business.a.
A statement of facts showing the eltper ience of
the applicant in the operation of an ambu~
ance service or convalescent transport erv~
ce, a~d demonstrating that the applicant s
q~al~f~ed to render efficient ambulance serv~
ce or convalescent transport service.A
ph~to~opy of the license issued by the comm~~
s~oner of the California Highway Patrol to
pr~vately owned ambulance companies (in accordance
with Section 2501 California Vehicle
COde) shall be appended to the appl
ica tion.b.
The
geographical boundary of the territory requested for
emergency responses.A
statement that the applicant owns or has under his
control, in good mechanical condition,required
equipment to adequately conduct an ambulance
service or convalescent transport service
in the territory for which he is applying,and
that the applicant owns or has access to suitable
facilities for maintaining his equipment in
a clean and sanitary condition.A
list, amended as required during the year for any
changed, substituted, loaned or leased vehicles,
giving a complete description of each ambulance
vehicle or convalescent transport vehicle operated
by the applicant, including the patient capacity
thereof, and a copy of the most recent Ambulance
Inspection Report and current emergency vehicle
permit issued by the California Highway Patrol
for each ambulance.An
affirmation that each ambulance or convalescent transport
vehicle and its appurtenances conform to all
applicable provisions of this chapter and applicable
provisions of City and State laws and regula
tions.A
statement that the applicant employs sufficient personnel
adequately trained to deliver ambulance services
of good quality, according to personnel provisions
of the ordinan~e, at all times in the applicant'
s proposed serv~ce area.A
list amended as required during the year for any
pe~sonnel changes" giving the name and a description
of the tra~ning for each ambulance service
or convalescent transport service employee,and
a copy of each certificate or license issued by
the State or County establishing qualifications of
such personnel in ambulance or convalescent transport
operations.5-
12 )
13 )
i~~
a~~~~~~
lt~~~tS~Ohwsito the satisfaction of the h "
e
ssuance of a license is in t,
e publ~c ~nterest and there is a need f IJ.
cense to be i d' or
a ssue ~
n that there is a requirement for ~mbula~ce service or convalescent transport serv~
ce wh~ch can be legally served by the applicant,An
affirmation that all ambulances based in Orange
County will be licensed by the Department.Such
other facts or information as the Department may
require,14 )
b)
Renewal of License. Applicants for renewal of an a~
bulance service license under this chapter shall file wJ.
th the Department an application in writing on a form
to be furnished by the Department which' shall include
the information required in Subsections (1),2), (
3), (4), (5)b, (6), (7), (8), (9), (10), (11),12),
and (13) above,c)
Convalescent, Transport Services. Applicants for original or
renewal IJ.cense of a convalescent transport service license
under this chapter shall file with the Department an
appl ication in writing, on a form to be furnished by the
Department which shall include the information required
in Subsections (1), (2), (3), (4), (5)a, (7),8 ), (
9), (11), (12), and (13) above.Section
6325.4 Investigation and Public Hearing by City Council Upon
the receipt of a completed application for ambulance service
or convalescent transport service, together with the application
fee established by Resolution of the Board of Supervisors,
the City Council shall conduct an investigation and
hold a public hearing to determine if the public health,safety,
welfare, convenience and necessity require the granting
of a license and to further determine if the applicant
meets all the requirements of this chapter. In making
such determination the City Council shall consider,among
other things, the demand for ambulance service and the
adequacy of existing service. At least fifteen days'written
notice of said hearing shall be given by registered mail
to the applicant and to all persons holding ambulance service
licenses. Notice shall be given to the general public
by posting in the Orange CountY,Hall of ~dminis~ration and
City Hall at least fifteen days pn.or to sa~d hearwg.Section
6325.5 Issuance or Denial of License Following
the above hearing, the City Council maY,order the
issuance of a license to conduct an ambulance servJ.ce or convalescent
transport service if it findsl a)
That the public health, safety, welfare, c?nvenience and
necessity requires such ambulance serv~ceB,including
any requested emergency response areas.The
applicant is financially respo~8ible and otherwise able
to provide the requested serv~ce,b)
6-
The appl icant and any officers of '
moral character and are lik 1 app17cant are of good
services in a satisfact
e y to provlde ambulance
ory manner In malt. , d
determlnation the City Council sh'll .
lng sal
any such person:
a conslder whether
c)
1 )
2 )
3 )
4 )
5 )
6 )
Has ~reviously provided satisfactory ambulance
serVlces.
H';l-S committed any act which, if committed by
any llc~nsee, ~ould be grounds for the revocation
of a llcense lssued pursuant to this
chapter.Hascom,?itt~d any a<;:t involving dishonesty,
fraud orde,?el t, Wl th the lntent to injure another
or beneflt hlmself or
another.Has previously violated the terms of this
chapter.Has been convicted of a felony or a crime
involving moral
turpitude,Has knowingly made a false statement of fact
in such
application.d) In determining the effect of the above acts
or convictions, the City Council shall consider
whether they are related to the activities of an
ambulance service or convalescent transport service and
shall evaluate the rehabilitation of such
person.e) In the event of denial, the applicant shall be
informed in writing of the reasons
therefor.Section 6325.6 Liability
Insurance The licensee shall obtain and keep in force during
the erm of said license, comprehensive automobile
liability lnsurance and professional liability insurance issued by
a company authorized to do business in the State of
California,insuring the owner against loss by reason of injury
or damage that may result to persons or property from
negligent operation or defective construction of such ambulance,
or convalescent transport vehicle, or from violation of
this chapter or any other law of the State of California, or
the United States. said comprehensive automobile
liability policy shall be in the sum of not less than Five
Hundred Thousand Dollars ($500,000) for combined single
limit,bodily injury and property damage. Said
professional liability insurance shall be in the sum of not less
than One Million Dollars ($1,000,000) per person and One
Million Dollars ($1,000,000) annual aggregate. Workers'
compensation Insurance shall be carried covering all employees of
the license holder, Before the Health Officer shall issue
a license, copies of the policies, or certificates
evidencing such policies shall be filed with the Department.
All policies shall contain a provision requiring a thirty
day notice to be given to the Department prior to
cancellation,modification or reduction in limits. Said policies
shall name the City as an additional insured. Said in~ura~
ce .shall be considered primary insurance, not contrlbutlng
wlth and not in excess of insurance carried by the City.
The amount of comprehensive automobile liability insurance
shall be subject to review and adjustment by the City annually
at the City's
option.
section 6325.7 Renewal of License
Lice~ses.may be rene~ed annually by the Health Officer
upon a~pl~cat~on of ~he l~censee, if the Health Officer
determ~nes that pubhc health welfare need d 't
f ' ' ,
an necess~ y
st~ll ex~st or the,l~cense holder and the license holder
has, dU7~ng ~he peuod o~ ~he expiring license, operated in
conform~ty ~~th the prov~s~ons of this chapter and the rules
and 7eg~lat~ons o~ th7 Department, and that he is capable of
cont~nu~ng operat~on ~n conformity with the rules and
regulat~ons of the Department.
Section 6325.8 Amendment of License
Any license holder may apply to the Health Officer for
an amendment to terms of his license. Such request shall be
proc7ssed in the same m~nner as an original application,
prov~ded the Health Off~cer may waive those requirements
deemed unnecessary.
section 6325.9 Term of License
A license shall remain in effect for a period of one
year.
section 6325.10 Notification
In the event of a change in ownership or management of
any kind or nature, any interruption of service of more than
twenty-four hours' duration, or any substantial change
in staffing or equipment of the ambulance service or
convalescent transport service, the license holder shall notify
the Health Officer immediately in writing, stating the facts
of such
change.Section 6325.11 Appeal to the City
Council In the event of suspension, revocation of a license,
or attendant or driver certificate by the Health Officer,
the applicants or licensee or certificate holder shall have
the right to request a hearing before the City Council.
Said hearing shall be requested and conducted in the
manner specified in section 6325.
4.Section 6325.12 Emergency Service
Availability a)Each ambulance service operator having an
emergency response area shall provide emergency ambula~ce
service on a continuous twenty-four hour per day bas~s.
If for any reasons such ambulance service is
interrupte~, the license holder shall immediately stop ~ny
advert~sement of emergency services which have been ~
nterrupted and notify the Health Officer immediately and
shall,state reasons and justification, Other affected
publ~c safety agencies shall be notified by the
license holder in a
timely fashion,Each ambulance service may be required to
operate an ambulance from within thecity
limits,
Section 6325.13 Ambulance Personnel
a) An ambulance attendant or driver utilized by a license
holder,shall be at least eighteen years of age, shall
be tralned and competent in the proper use of all
emer~e~cy ~mbulance equipment, shall hold current
c7rtlflcatlon,as an EMT-l and shall demonstrate
compliance wlth all appllc~ble State and City laws and
regulations.An ~mbul~nce,drlver or ~bulance attendant who is
a Callfornla llcensed physlcian, Registered Nurse or
a paramedic currently certified by the Orange cou~
ty Heal th Officer shall be exempt from the
emergency medical training requirements of this
section.b) Every ambulance driver and attendant utilized by
a license holder shall hold a certificate from the
Health Officer indicating compliance with the requirements
of this
section. .c) Applications for such certificate shall be in the
form required by the Health Officer and shall be
accompanied by the fee established by Resolution of the Board
of
Supervisors.d) Certificates may be denied or revoked by the
Health Officer if he finds, after a hearing, that the
applicant does not comply with the requirements of this
section.e)Certificate shall remain in effect for a period of
two
years.All applicants for ambulance driver or attendant
certificate shall undergo a complete criminal history record
check prior to the issuance of a permanent
certificate.Every ambulance driver and attendant shall be of
good moral character and be likely to provide
ambulance services in a satisfactory manner. In making
said determination the Health Officer shall consider
whether any such
person~
f)
g)
1)
2 )
3 )
4 )
5 )Has previously provided satisfactory
ambulance
services.
6 )Has committed any act which, if committed by
any licensee or certificate holder, would be
grounds for the revocation of a license or
certificate issued pursuant to this
chapter.Has committed any act involving dishonesty,
fraud or deceit with the intent to injure another
or benefit himself or
another.Has previously violated the terms of this
chapter.Has been convicted of a felony or a crime
involving moral
turpitude.Has knowingly made a false statement of fact
in such
application.
u
section 6325.14 Suspension and Revocation of Licenses or
Certificates
The Heal t~ Officer or City Manager shall be empowered
to susJ?end a l:Lcens';l or, certificate pending a hearing if he
determ~nes such act~on ~s necessary to protect the public
heal th, safety or wel fare. The period of such suspension
shall not exceed sixty days. The Health Officer or City
Manager shall,also be empowe:e~, after conducting a hearing,
to revoke a l~cense, or cert~f1cate. Suspension and revocation
shall be on the grounds that the license or certificate
holder, or any partner, officer or director:
a) Violate~ any section of this chapter, any applicable
regulat~ons promulgated by the Department or any applicable
State laws or regulations concerning ambulance services.
b) Has committed any acts which would constitute grounds
for denial of a license or certificate.
The certificate holder or licensee shall be given
written notice of the reasons for the proposed revocation,
together with the time and place of the hearing thereon,
which notice shall be given at least fifteen days prior to
the hearing.
Section 6325.15 Ambulance Rates
No licensee shall charge more than the following rates
for ambulance or convalescent transport service:
a)
b)
One patient. The uniform schedule of rates that may be
charged for ambulance service and convalescent transport
service shall be set by Resolution adopted by the Board
of Supervisors. Said rate schedule is incorporated
herein by reference, and is on file in the office of
the Clerk of the Board of Supervisors. Said rate
schedule shall be adopted by the Board of Supervisors
following a public hearing, Notice of the hear~ng ,
shall be given to all license h~lders! th';l publ~c, C~ty
Manager, Chief of Police, and F1re Ch1ef ~n the same
manner as described in Section 6325.4.
c)
Two or more patients.
1) Each stretcher or gurney patient carried at the
same time may be charged the full base rate for
response to the call and half the mileage rate.
2) Each ambulatory sit up patient shall be charged
the base rate for response to the call and half
the mileage rate.
No charge shall be made for uninjured or well persons
who accompany a patient.
d)Charges may vary for contract ambulance
provided they meet with the approval of
Council.
services,
the City
10-
section
6325.16 Emergency and Disaster Operatlo~D'
n ur~~
g any, state of war emergency,. or . state of emergency
or local emergency,. as defined by the Governm t Code
of the state of California, each ambulance service an~n
con~
a~e~cent transport service shall provide equipment,fac~
l~t~es, and,personnel as required by the Chief, Medical and
Health Serv~ces, whenever the Medical and Health Annex to
the County Emergency Plan is activated.Section
6325.17 User Complaints The
City or any user or subscriber to an ambulance serv~
ce or conva~escent transport service, contending that he
has been requ~red to pay an excessive charge for service or,
that he has.rece~ved inadequate services may file a wr~
tten,compla~nt w~th the Department setting forth such alle~
at~ons. The Department shall notify the ambulance serv~
ce or convalescent transport service of such complaint and
shall Inv7stigate the matter to determine the validity ,of
the compla~nt. If the complaint is determined to be val~
d, the Department shall take reasonable and proper act~
ons to secure compliance with the conditions of this chapter.
section
6325.18 Regulation and Enforcement a)
The Health Officer shall make necessary and reasonable rules
and regulations covering ambulance and convalescent transport
service operation, ambulance and convalescent transport
equipment, ambulance and convalescent transport vehicles,
ambulance and convalescent personnel and standards
of dispatch for the effective and reasonable administration
of this chapter. Prior to adoption,said
regulation shall be submitted to the Emergency Medical
Care Committee, the City Council, City Manager,Chief
of police, and Fire Chief for their comments.b)
The Health Officer shall inspect the records, facilities,vehicles,
equipment and methods of operation of each license
holder at least annually, and whenever such inspections
are deemed necessary.Section
6325.19 Compliance with State Law and Regulations A
licensed ambulance service or convalescent transport service
shall in order to maintain the license, comply with all
applicabl~ provisions of city and state laws or regulations.Section
6325.20 Variances The
Health Officer may grant a vari,:nce from the terms of
this chapter if he finds such action ~s necessary to ,protect
the public health, safety, or welfare. Such act~on may
include the issuance of temporarY,ambulance or convalescent transport
service licenses. Such var~ance.or tem~orary license
shall remain in effect for the perlod ind~cated by the
Health Officer but not to exceed one hundred eighty days.
Before such a variance is granted, th7 ~ity Manager,Chief
of police, and Fire Chief shall be not~fled.11-
SECTION
III:This
o~dinance sha~l be published once within fifteen (15)days
afte~ ~ts p<;tssagew, the Orange City News, a newspaper of general
c~rculat~on, publ~shed and circulated in the City of Orange,
and ~hall. take effect thirty (30) days from and after the
date of ~ts f~nal passage.ADOPTED
this 24th day of April, 1979,4~' (>> _.
d..".".><:.'Mayor
of the City of Orange ATTEST:
p-
l:J">T.~
e City of
CMC
Orange
tf- j'e /:.r;J '1<'./
City Clerk ofl
STATE OF CALIFORNIA
COUNTY OF ORANGE ss
CITY OF ORANGE
I, CHARLOTTE M. JOHNSTON, CMC, City Clerk of the City of
Orange, California, DO HEREBY CERTIFY that the foregoing ordinance
was introduced at a regular meeting of the City Council duly held
on the 17th day of April, 1979, and thereafter at a regular
meeting of said City Council duly held on the 24th day of
April, 1979, was duly passed and adopted by the following
vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
BARRERA, MAYOR HOYT, PEREZ, BEAM
NONE
SMITH
HITNESS my hand and seal this 25th day of April, 1979.
r' -'""-) , " ,,--: r Ii
Il4C_,.l:-{(,
l.. /1_ ..:.--;r#'h.~.tIJ~'Charlotte M, johnston, CMC City
Clerk of the City
of Orange