HomeMy WebLinkAboutORD 290ORDINANCE NO. 290
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT ADDING CHAPTER 10.84 TO TITLE 10 OF
THE PALM DESERT MUNICIPAL CODE RELATING TO
AMBULANCE SERVICE.
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The City Council of the City of Palm Desert does ordain
as follows:
Section 1. Chapter 10.84 is hereby added to Title
10 of the Palm Desert Municipal Code to read:
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Chapter 10.84. Ambulance Service
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Article 1. In General
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10.84.010. Definitions. For the purposes of this
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chapter, the following words have the meanings respectively
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ascribed to them in this section:
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AMBULANCE. As used in this chapter, "ambulance" means
any vehicle designed, equipped and used to carry or
transport sick or injured persons.
AMBULANCE DRIVER. "Ambulance driver" means any person
employed to drive or actually engaged in the driving of an
ambulance.
AMBULANCE OPERATOR. "Ambulance operator" means any
person engaged in the business of carrying or transporting
sick or injured persons by means of an ambulance.
10.84.020. City Manager to establish rules regulating
ambulance drivers and owners. The City Manager may
promulgate a set of rules describing the duties and
procedures to be observed and complied with by an ambulance
driver or owner of a certificate of public convenience and
necessity hereunder, which rules and any amendments thereof
shall be subject to approval by the City Council. Such
rules and amendments, when approved by the City Council by
resolution and filed with the City Clerk, shall constitute
enforceable provisions of this chapter and violations
thereof shall be subject to the penalty provided by this
code. Copies of such rules and any amendments thereof shall
be delivered to each owner of such certificate of public
convenience and necessity at the time such certificate is
granted.
Article 2. Certificate of Public
Convenience and Necessity
10.84.050. Required to operate ambulances. It shall
be unlawful for any person to engage in the business of
operating an ambulance within the City or from a point
within the City to a point outside the City without first
having obtained a permit to operate an ambulance authorized
by the City Council upon application duly made in the manner
herein provided and compliance by applicant with the
requirements of this chapter; provided that the City Council
may deny such permit if it should determine that public con-
venience and necessity do not require the issuance thereof.
10.84.060. Application. Any person applying for a
certificate as required by the preceding section shall file
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with the City Clerk a verified application which shall set
forth the following:
a. The name, address and residence of person applying
for such certificate of convenience and necessity.
b. The location, description, capacity and hourly
availability of ambulance or ambulance services owned or
operated by the applicant.
C. The make, model and disting
uishing color scheme
and design, including any monogram or insignia to be used on
each ambulance.
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d. Each vehicle intended to be used for ambulance
service has been inspected by the City Manager and meets the
requirements of Section 10.84.180.
e. That the license fee provided by Section
12010.84.100 has been deposited with the City Clerk.
f. The experience of the applicant in the trans-
portation and care of sick or injured persons.
g. The names, addresses and experience in first aid
of each driver or helper employed, or to immediately be
employed, in the operation of such ambulance service, and
the driving experience of such driver or helper.
h. Description of central location or housing facili-
ties where each ambulance is to be located, which housing
facilities shall be subject to approval of the City Manager.
i. That the applicant carries public liability in-
surance in a minimum amount of three hundred thousand
dollars for injuries to one or more persons, and for
property damage in the minimum amount of fifty thousand
dollars, and agrees that such policy shall carry an
endorsement protecting the City against any claims or
demands as a result of persons injured or killed or property
damaged as a result of the operation of the ambulance or
ambulances operated by the applicant, a copy of such policy
or policies to be deposited with the City Clerk together
with an endorsement thereon, requiring the carrier to notify
the City ten days in advance of an intended cancellation or
any material change in such coverage.
j. Acknowledge receipt of and agree to comply with
the rules and regulations governing ambulances as provided
by Section 10.84.020.
10.84.070. Public hearing prior to granting of
certificate; notice of time and place to be published.
Upon filing of the fully completed application for the
certificate of public convenience and necessity, the City
Clerk shall fix the time for a public hearing thereon before
the City Council for the purpose of determining whether the
public convenience and necessity require the proposed
ambulance service.
Notice of the time and place of the public hearing
before the City Council shall be published once in a
newspaper of general circulation, circulated in the City,
such publication to be completed at least five days prior to
the date of hearing, and the cost of publication shall be at
the expense of the applicant.
10.84.080. Conditions to be considered by the Council
in the granting of a certificate. In determining whether
public convenience and necessity require the ambulance
service for which the application is made, the City Council
shall investigate and consider:
a. The demand of the public for additional ambulance
or ambulance services.
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b. The adequacy of the existing service, if any.
C. The financial responsibility and experience of the
applicant.
d. The number, make and type of equipment and the
color scheme to be used.
e. The effect which the proposed ambulance service
may have on traffic congestion and parking and whether it
will result in a greater hazard to the public.
10.84.090. Issuance generally. If the City Council
shall, by resolution, declare that public convenience and
wnecessity require the granting of such certificate, a'
certificate of convenience and necessity shall be issued to
the applicant entitled thereto; provided the City Council
may in its discretion determine the character and number of
certificates to be granted, and further provided that no
certificates authorized hereunder shall be issued to any
person who shall not have fully complied with all the
requirements of this chapter.
10.84.100. License fee; expiration of license;
certificate to be vis displayed.
a. Upon the filing of an application for a certi-
ficate of public convenience and necessity, the applicant
shall deposit with the City Clerk the amount of the license
fee provided to be paid in Section 10.84.100, which fee
shall be held by the City Clerk until the City Council has
authorized the granting of the certificate provided for in
this chapter.
b. The annual license fee, as established by reso-
lution of the City Council, shall be in lieu of any other
business license. The license shall expire on December 31
of each year, and no part shall be refundable in event of
cessation of business for any cause.
C. When the City Council has authorized the issuance
of a certificate of public convenience and necessity, the
City Clerk shall issue to the applicant both a permit and
license certificate showing payment of the business license
fee. The permit shall be in such form and as the City
Manager provides. The permit and certificate of public
convenience and necessity shall be affixed to and
prominently displayed on the rear of each vehicle as
designated by the rules.
10.84.110. New certificates to be issued for
replacement ambulances. If an owner sells or transfers
title to a vehicle for which a certificate has been issued,
or in event an ambulance for which a certificate has been
issued has been destroyed, he is entitled, as a matter of
right, upon written application to the City Council made
within fifteen days after such sale, transfer or
destruction, to have a new certificate issued, but for no
greater number than sold, transferred or destroyed; and
provided that such owner has complied with all the
provisions of this chapter.
10.84.120. Cancellation of certificate. If the
service permitted under any certificate of convenience and
necessity is for any reason discontinued by the holder for a
period of thirty days, the certificate shall be auto-
matically cancelled and shall be restored only by the
approval of a new application filed pursuant to the
provisions of this chapter.
10.84.130. Transferability.
certificate of public convenience
the provisions of this chapter be
In no event shall a
and necessity issued under
transferable. Upon any
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sale or transfer of a majority interest in a business, the
certificate shall be automatically cancelled.
10.84.140. Denial of application.
a. The City Council shall act on an application for a
certificate of public convenience and necessity by
resolution and may deny any such application if, in its
sound discretion, it determines that:
1. The proposed operation is undesirable or
inadequate to meet the needs of the City.
2. There is insufficient public need or demand for
the proposed operation.
3. The vehicles proposed to be operated under such
certificate are inadequate or unsafe.
4. The applicant has been convicted of a felony or
the violation of a narcotic law or of any penal law
involving moral turpitude or of any ordinance relating to
traffic or use of streets in the City.
5. The proposed color scheme or characteristic
insignia will tend to confuse the identification of the
vehicles proposed to be operated with those of another owner
operating an ambulance service in the City.
b. The Council may, by resolution, and after five
days' written notice to an owner, suspend or revoke an
owner's certificate of necessity for any of the grounds for
which it may deny an application, and in addition thereto,
it may suspend or revoke any owner's certificate of
necessity for a violation of any of the provisions of this
chapter, or for a failure to pay any judgment for damages
arising from the operation of the vehicles, or any of them,
for which the certificate of necessity was issued.
10.84.150. Revocation or suspension.
a. The City Manager may at any time revoke or suspend
the certificate granted pursuant to this article if:
1. The owner fails to operate such ambulance or
ambulance service in accordance with the provisions of this
chapter.
2. The owner discontinues or suspends operation of
vehicles for a period of thirty days without permission
first had and obtained.
b. All certificates which shall have been suspended
or revoked shall be surrendered to the City Clerk, and the
operation of all vehicles covered by such certificate shall
cease and be unlawful.
10.84.160. Right of appeal. An owner whose
certificate has been suspended or revoked, pursuant to the
provisions of this article, shall have the right of appeal
from such action to the City Council.* Such appeal shall be
in writing and shall be filed within ten days after the
denial, revocation, or suspension with the City Clerk. Such
appeal need not be in formal language, but shall state
concisely the name of the appellant, the matter complained
of, the name of the officer, employee, or department
complained of, and the date of the denial, revocation, or
suspension. The Clerk shall transmit such appeal to the
Council at its next regular meeting, at which time such
Council shall set a date for hearing and cause the Clerk to
give notice of the time and place of such hearing to the
appellant, who may appear in person or by counsel. The
Council shall determine such appeal within thirty days after
such hearing.
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10.84.170. Schedule of rates for ambulance service.
The City Clerk shall establish and keep on file with the
City Clerk, a maximum rate schedule which may be charged by
the owner of a certificate of public convenience and necessity
hereunder within the City. Such rates may be established by
resolution and may be changed from time to time. Copies of
such rate schedules shall be posted in a conspicuous place
in each ambulance and shall also be posted in the premises
where such ambulances are stationed.
10.84.180. Inspection of vehicles for which a
certificate has been issued. All vehicles for which a
certificate of public convenience and necessity has been
issued shall be inspected by the City Manager or by such
person or agency as may be designated by the City Manager
at least once annually provided that the City Manager may
require inspection more often if deemed necessary or upon
complaint of any citizen.
Upon the failure of any vehicle to pass inspection, the
City Manager shall suspend the right to use such vehicle for
ambulance purposes until such time as the same is brought up
to standard.
Article 3. Ambulance Drivers
10.84.200. Ambulance driver's permit required; form
and contents. It shall be unlawful for any person to drive,
operate or use any vehicle as an ambulance for pay or hire
unless such person is the holder of a valid driver's permit
issued to him in accordance with this article. No such
permit shall be issued to any driver unless such applicant
holds a valid chauffeur's license issued by the State. Such
permit shall be issued by the City Clerk and in the form of
a wallet card with photograph of the permittee and thumb
print affixed, which must be carried by the driver at all
times while operating an ambulance.
10.84.210. Conditions for issuance. No ambulance
driver's permit shall be issued to any person unless such
person shall:
a. Be twenty-one years of age or over;
b. Be of sound physique, good eyesight and not subject
to epilepsy, vertigo, heart trouble, color blindness or
other infirmity of body or mind, which might render him
unfit for the safe operation of an ambulance;
C. Be able to speak, read and write the English
language;
d. Not have been convicted within a period of one
year prior to application of the offense of reckless driving
and/or driving while under the influence of intoxicating
liquor, as these offenses are defined by the Vehicle Code of
the State;
e. Not be addicted to the use of intoxicating liquor
or narcotics;
f. Submit to fingerprinting by the Sheriff's
Department and furnish full -face and profile photographs,
two inches square, which shall be affixed to the application.
10.84.220. Application; permit fee; expiration.
Application for a driver's permit shall be made to the
Sheriff's Department and no permit shall be granted until
the permit fee established by resolution of the City Council
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has been paid to the City Clerk. Driver's permit shall
expire on December 31 of each year.
10.84.230. Revocation or suspension. Any driver's
permit issued pursuant to the provisions of this article
shall be revoked or suspended by the City Manager either
temporarily or permanently upon proof that the holder has
been convicted of an offense involving driving a vehicle
while under the influence of intoxicating liquor or while
under the influence of a narcotic, or for reckless driving,
as the same is defined by the Vehicle Code of the State, or
while actually operating such ambulance while under the
influence of intoxicating liquor or a narcotic drug, or any
other offense defined as a felony by the Vehicle Code of the
State.
10.84.240. Operator of ambulance must be qualified
to administer first aid No holder of a certificate of
public convenience and necessity as provided herein shall
permit the operation of any ambulance in emergency service
unless either the operator thereof or an attendant on duty
therein possesses a current advanced American Red Cross
first aid certificate and is trained in the use of all
resuscitation equipment installed in the ambulance.
10.84.250. Ambulance Personnel. No permittee shall
allow an ambulance to be operated in service unless:
a. The driver meets the qualifications and training
required by the California Administrative Code, as the same
is now written or hereafter amended. The driver shall be
trained and competent in the proper use of all the safety
and emergency equipment and supplies as required by the
Vehicle Code, the California Administrative Code and the
regulations prescribed by the Health Officer, as the same
are now written or hereinafter amended. The driver shall
hold a certificate as an Emergency Medical Technician lA
(EMT-lA), unless the permittee has been specifically exempted
from this requirement by the State and the County.
b. The driver is accompanied by an attendant, unless
the permittee has been specifically exempted from this
requirement by the Health Officer. The ambulance attendant
shall be trained and competent in the proper use of all
safety and emergency equipment and supplies as required by
the Vehicle Code, the California Administrative Code, and
the regulations prescribed by the Health Officer, as the
same are now written or hereinafter amended.
C. At lease one attendant holds a certificate as a
MIC paramedic issued by the Health Officer, if the vehicle
is being used as an ALS ambulance.
d. At least one attendant holds a certificate as an
EMT 11, if the vehicle is being used as a LALS ambulance.
10.84.260. Ambulance Personnel -Exceptions.
a. An ambulance driver or ambulance attendant who is
a California licensed physician or an MIC nurse certified by
the Health Officer shall be exempt from the emergency medical
training requirement set forth in 10.84.250 of this ordinance.
b. The provisions of Section 10.84.250 of this ordinance
shall not apply during any -"state of war emergency", duly
proclaimed "state of emergency" or "local emergency" as
defined in Section 8558 of the Government Code.
Section 2. The City Clerk shall certify to the passage
and adoption of this ordinance and shall cause the same to
be publisedh once in The Palm Desert Post, a newspaper of
general circulation, printed, published and circulated in
the City of Palm Desert and the same shall be in full force
and effect thirty (30) days after its adoption.
,.� PASSED, APPROVED and ADOPTED this llth day of March,
1982, by the following vote:
AYES: Newbrander, Snyder & Wilson
NOES: None
ABSENT: McPherson & Pulugi
ABSTAIN: None ,' i 7
OY, LSON, Mayor
'ty o Palm Desert, C ifornia
ATTEST:
SHEILA R. G LLIGAN, ty Clerk
City of Palm Desert, California
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