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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. f� i 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: �n Chapter 10.84. Ambulance Service Lu Article 1. In General w a c� a 10.84.010. Definitions. For the purposes of this a chapter, the following words have the meanings respectively o o W ascribed to them in this section: m 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 -1- 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. i 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. -2- 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 -3- 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. 1XII: 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 -5- 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 -7-