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HomeMy WebLinkAboutCC ORD 1973-1339 Ambulances (2.10)1339 1,4,1,4/'t ic. 1eA./ ORDINANCE NO. 1339 AN ORDINANCE OF THE CITY OF NATIONAL CITY REGULATING AMBULANCES BE IT ORDAINED by the City Council of the City of National City as follows: ARTICLE 1 SECTION 1. Intent and Purpose. It is the intent of this Ordinance to prescribe the basic regulations for the operation of ambulances called by the City in emergency situations for the care and transportation of persons needing emergency handling. It is the purpose of the Council in enacting this Ordinance to provide a fair and impartial means of selecting a private ambulance operator to engage in said emergency care and transportation in the interests of the public as well as the interests of efficient police operation for the handling of said victims. SECTION 2. Regulations. The City Council shall, from time to time, by resolution, adopt policies for the selection and designation of one or more ambulance operatdrs to provide services in emergency police -originated calls. Any and all ambulance operators not so selected and designated pursuant to the policies of the City Council are hereby prohibited from engaging in such emergency work, provided, however, that the patient involved in an emergency situation may designate any ambulance service to be called if said service is operating within the City of National City pursuant to the permits required by this Ordinance. SECTION 3. The City Council, pursuant to the policies and procedures to be adopted by resolution shall select one or more operators to undertake police -originated emergency requests. Said ambulance service shall be selected by the City Council and a contract awarded based upon bids to be submitted by all eligible ambulance companies. Bid specifications shall be contained in said policy resolution. SECTION 4. Rates. The company so designated pursuant to the terms of this Ordinance and to the resolution of the City Council shall submit a rate schedule in conjunction with the bid and said rate schedule shall be strictly adhered to and shall be maintained in the Office of the City Clerk and shall not be changed ormodified during the term of the contract without the approval of the City Council. Said rates may not exceed the rates prevailing in the County of San Diego. In addition, all companies operating under a certificate of convenience and necessity in the City of National City, shall file their rate schedules in the Office of the City Clerk. ARTICLE II SECTION 1. Definitions. For the purpose of this chapter, unless otherwise expressly stated, the following words and phrases shall have the meanings respectively ascribed to them by this section: a. AMBULANCE. The term "ambulance" shall mean any privately - owned vehicle used for the transportation of wounded, injured or sick persons,on a for -hire- basis, which is operated on or over the streets of the City of National City. b. AMBULANCE DRIVER. The phrase "ambulance driver" shall mean any person in charge of or operating any ambulance, as herein defined, either as agent, employee, or otherwise, of owner, as owner, or under the direction of the owner as herein defined. c. AMBULANCE OWNER. The phrase "ambulance owner" shall mean any person, firm or corporation having use or control of any ambulance as herein defined, whether as owner, lessee or otherwise. d. STREET. The term "street" shall mean any place commonly used for the purpose of public travel within the City of National City. e. CERTIFICATE. The term "certificate" shalt mean a Certificate of Public Convenienceand Necessity. ARTICLE III SECTION 1. Required. No person shall engage in the business of operating an ambulance or ambulances for profit on a for -hire basis within the City without first having obtained a certificate of public convenience and necessity from the council of the City provided, however, that ambulances conveying emergency medical transportation teams for the handling of urgent special medical cases shall be exempt from the said requirement. Such ambulances which are necessary for the handling of such cases shall be manned by a team including a medical doctor. It shall be required that any such ambulance providing a medical team shall advise the National City Police Department priorto. their operation in the City of National City that such a unit is entering the City and properly identify it so that there will be no stopping of such vehicles by units of the National City Police Department. Such an ambulance service shall be subject to a business license fee as herein provided. SECTION 2. Application. All persons applying to the City Council for a certificate for the operation of one or more ambulances shall file with the Council a sworn application therefor on forms provided by the Council and containing information as follows: a. The name of the applicant and trade name, if any, under which he intends to conduct his business; and if the applicant be a partnership, the name of each member thereof, whether a limited or general partner, and the name under which the partnership business is to be conducted; and if the applicant be a corporation, the name of the corporation and the name of each of its officers, directors and stockholders; b. The business address and residence address of the applicant; and if the applicant be a partnership, the business address of the partnership and the residence address of each partner thereof, whether he be a limited or general partner; and if the applicant be a corporation, the address of the corporation and the residence address of each one of its officers, directors and stockholders. c. The number of ambulances actually owned and/or leased, and the number of ambulances actually operated by such applicant and the date of application, if any; d. A description of each such ambulance, including the make, model, year of manufacture, and license number of the State of California; e. The location or station address of each such ambulance; f. A description of the proposed color scheme, insignia, trade style and/or any other distinguishing characteristics of the proposed ambulance design; g. Such other information as the Council may, in its discretion, require. SECTION 3. Investigation Fee. Each application for a Certificate shall be accompanied by a deposit of Fifty Dollars (S50.00) with the City Clerk of the City of National City to defray the cost of an investigation as required herein. The deposit of Fifty Dollars (S50.00) is not refundable, whether a Certificate is' granted or denied. No officer or agent of the City of National City shall be required to commence an investigation as required herein until said Fifty Dollars (550.00) deposit is made, as herein provided. SECTION 4. Resolution. No Certificate shall be granted until the City Council shall declare by resolution that the public convenience and necessity require the proposed ambulance service. In determining whether the public convenience and necessity require the operation of an ambulance or ambulances for which an application is made, the Council shall hold such public hearings as may be necessary to determine that fact, and give at least 10 days notice by publication of such hearings. SECTION 5. Investigation. Before any application is acted upon the City Manager shall cause an investigation to be made and shall report his findings in writing to the Council on the following: a. The demand of the public for ambulance service or additional ambulance service; b. The adequacy of existing ambulance service; c. The financial responsibility and experience of the applicant; d. The compliance or noncompliance of the applicant with the provisions of Article IV hereof. e. Such other relevant fads as the City Council may deem advisable or necessary. SECTION 6. Denial of Certificate. The following shall be prima facie grounds for denial of a Certificate as required by Section 1: a. The applicant or one of the partners, if the applicant be a partnership, or one or more of the officers of the corporation, if the business be a corporation, or one or more of the directors or of the stockholders, if the policy of such corporation will be directed, controlled or managed by any stockholder or stockholders, has been convicted of a felony or crime involving moral turpitude in this State or any. other State or jurisdiction, unless at least two (2) years shall have elapsed since his discharge from a penal institution or probation or concluded parole, during which period of time his record shows there is no evidence of the probable commission of other felonies or crimes involving moral turpitude. b. The applicant or one of the partners, if the applicant be a partnership, or one or more of the officers, directors or stockholders of the corporation, if the business be a corporation, have an existing proprietary interest in an ambulance business for which a Certificate of Public Convenience and Necessity as described in Section 1 has been issued or applied for; c. The ambulance or ambulances for which such certificate is applicable are found to be unsafe, inadequate or improperly equipped as required herein; d. The existing ambulance service, available to the public within the City of National City is adequate to meet the public demand for such service; e. The applicant is unable to establish the degree of financial responsibility necessary to insure adequate service to the public. f. The applicant is unable to demonstrate the extent of experience in the operation of ambulances necessary to insure adequate service to the public. g. The applicant has failed to otherwise comply with all the requirements of this Ordinance pertaining to the commencement of operation of the proposed service. ARTICLE IV SECTION 1. Ambulance. Each ambulance to be operated under a Certificate of Public Convenience and Necessity as described herein shall be safe, adequate and mechanically sound. Such condition shall be evidenced by a report of inspection satisfactorily passed in all respects for said ambulance issued by an inspection station duly authorized for such purpose by the State of California. For the purposes of this Section, such inspection must have been made within thirty (30) days of the application referred to in Section 1 of this Chapter. For the purposes of this Section no ambulance shall be considered safe, adequate or mechanically sound which is older than ten (10) years, counting the year of chassis manufacture as the first year. The body of each such ambulance shall be so designed and constructed as to accommodate the driver and an attendant in the front or the driver's compartment, and accommodate at least two stretcher. patients and an attendant in the rear of passenger compartment, with such additional space provided as Is required for the necessary equipment as set forth in this Article. SECTION 2. Equipnsant. No certificate shall be issued unless and until the Chief of Police or his designated officer or agent has determined upon personal inspection that each one of the ambulances to be operated under the Certificate contains all of the equipment required by the California Highway Patrol for operation of an ambulance. SECTION 3. Name. Each ambulance shall have painted in a conspicuous place on the rear panel of such ambulance, the following: a. The Company's name as it appears on the Certificate painted in not less than one and one-half inch letters; b. The Certificate number in not less than one-half inch letters. ARTICLE V Transfers and Assignments SECTION 1. Certificates not Transferable. Each Certificate issued pursuant to ArticleI hereof shall be separate and distinct from all others and shall not be transferable from the person, firm or corporation to whom issued to any other person, firm or corporation. SECTION 2. Transfer of Ambulance. Whenever an owner sells or transfers title to, or assigns the lease of or subleases an ambulance or ambulances, and within thirty (30) days after such sale, transfer, assignment, or sublease, purchases or leases another ambulance or a like number of other ambulances, then said' owner shall, as a matter of right, upon written application to the City Manager (Continued) within thirty (30) days of such purchase or lease, be issued a new Certificate for the operation of no greater number of ambulances than those operated prior to the sale, transfer, assignment, or sublease, and provided said owner has. complied with all the provisions of this Ordinance relating to ambulances. SECTION 3. Destruction of Ambulance. Any owner whose ambulance or ambulances have been destroyed voluntarily or otherwise, shall as a matter of right, upon written application to the City Manager within thirty (30) days after such destruction, and upon satisfactory evidence presented therewith of such destruction, be issued a new Certificate for the operation of no greater number of ambulances than those operated prior to the destruction of any ambulance or ambulances, provided said owner has complied with all the- provisions of this Ordinance relating to ambulances. SECTION 4. Report of Change Required. Every owner shall report any change in the information required by Article I hereof, to the City Manager within five (5) days after the change has occurred. SECTION 5. Surrender of Certificate. Whenever a Certificate has been suspended or revoked by the City Council, the owner of the ambulance or ambulances for which such Certificate was issued, shall forthwith surrender such Certificate to the City Manager and the operation of such ambulance or ambulances shall cease. ARTICLE VI • Fees and Inspection, Insurance SECTION 1. License Tax — Driver or Attendant. Every person engaged in the occupation of driving or serving as attendant of an ambulance shall pay a license tax of Two Dollars (52.00) per year or any fraction thereof. SECTION 2. Inspection. The Chief of Police of the City of National City or any officer designated by him is authorized and empowered to inspect any ambulance for the purpose of ascertaining whether the provisions of Article IV are being observed and complied with. No person shall obstruct or interfere with any such inspection. SECTION 3. Insurance. No person shallown, operate or direct the operation of any ambulance unless there shall be filed with the City Clerk of the City of National City a policy of insurance executed and delivered by a company authorized to carry on an insurance business in the State of California, by the terms of which said insurance company assumes .responsibility for death or injuries to persons or damage to property caused by the operation of said ambulance in the following amounts: Property Damage — one accident ... 550,000.00 Death or Injury to any one person in any one accident . s100,000.00 Death or Injury to any two or more persons in any one accident ... 5300,000.00 ARTICLE VII Issuance, Suspension or Revocation of Certificates SECTION 1. Issuance only after full compliance with this Ordinance. No Certificate shall be issued for the operation of any ambulance or ambulances as required in this Ordinance, unless and until the ambulance owner concerned shall nave fully complied with all the applicable provisions and requirements thereof relative to the ambulances. SECTION 2. Suspension and Revocation. The City Council shall have the power to suspend any Certificate upon receipt of information indicating an operator concerned is not complying fully with all the provisions of this Ordinance. SECTION 3. Hearing. Whenever the City Council shall suspend the Certificate for an ambulance or ambulances as provided in this Ordinance, the owner of said ambulance or ambulances shall have a right to a hearing before the Council to determine whether such suspension shall be continued or terminated; said hearing to be conducted after giving ten (10) days published notice thereof. SECTION 4. Disposition. Upon the conclusion of such hearing the Council may, based upon its findings, terminate such suspension and restore the Certificate or continue such suspension for a time certain and so specified, or in the alternative may revoke such Certificate. SECTION 5. Issuance of Certificate after Revocation. No application for the issuance of a Certificate, by an owner whose Certificate hasbeen previously revoked, shall be accepted until the expiration of one year from the date of such revocation. PASSED AND ADOPTED this 9th day of January, 1973. Kile Morgan MAYOR ATTEST: Zone Minogue Campbell City Clerk Passed and adopted by the Council of the City of National City, California, on January 9, 1973 by the following vote, to - wit: Ayes: Councilmen Camacho, Pinson, Reid, Waters, Morgan Nays: Councilmen None Absent: Councilmen None Abstain: Councilmen None AUTHENTICATED BY: KILE MORGAN Mayor of the City of National City, California S/IoneMinogue Campbell City Clerk of the City of National City, California I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on January 2, 1973 and on January 9, 1973. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council, and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of O I NANCE NO. 1339 of the City of Na ion I City, passed and adopted by e •until )d City on January 9, !lone Mino a Campbell City Cle of the City of National dy, California NC 58231-18-73. AND I pEREBY CERTIFY that the samel,as duly published according (Seal) City C4frk of the City of National City, California