Anderson Municipal Code Ch. 5.76 Ambulance Services

For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:

A. "Ambulance" means any motor vehicle used to transport, move or convey a sick or injured person.

B. "Ambulance business" means the business of owning, operating, managing or maintaining as principal or agent any ambulance as defined in subsection A.

C. "Ambulance service charge" means any charge, fare or other consideration for ambulance service.

D. "Certificate holder" means any person to whom a certificate of public convenience and necessity has been issued under the provisions of this chapter, which certificate has not been revoked.

E. "Operation within the city" means the receiving, picking up or embarking within the city of a sick or injured person for transportation or conveyance to any point within or without the city.

F. "Person" means individuals, partnerships, firms, corporations and associations of every kind, and their agents, servants or employees.

(Prior code § 3A.1)

No person shall engage in the ambulance business without first obtaining a certificate of public convenience and necessity as hereinafter provided from the city council, and this certificate shall be in addition to any business license required by Chapters 5.04 through 5.44, 5.52 and 5.56 and Sections 5.48.010 through 5.48.030, 5.68.010 and 5.64.030. A violation of the provisions of this section shall constitute a misdemeanor punishable as set forth in Section 1.20.010.

(Ord. 444 § 5(2), 1981; prior code § 3A.2)

Any person desiring to obtain a certificate of public convenience and necessity shall make application therefor upon forms available from the office of the city clerk. Each application shall be accompanied by a policy of insurance in the amount provided for in Section 5.76.110.

The application shall include the following information:

A. The name of the applicant and trade name, if any, under which he intends to conduct his business; or if a corporation, its name, date and place of incorporation, the address of its principal place of business and the names of its principal officers, together with their respective residence addresses; or if a partnership, association or unincorporated company, the names of the partners or of the persons comprising such association or company and the business and residence address of each partner or person;

B. A description of each ambulance or other vehicle used or proposed to be used by the applicant, together with the name of the manufacturer, engine and serial number, state motor vehicle license number and the number of the emergency vehicle permit issued by the California Highway Patrol;

C. The address and a description of the premises at and from which it is proposed to maintain and operate such ambulance;

D. The applicant shall furnish any and all additional information as the city clerk may in his discretion require;

E. An application fee of ten dollars shall be submitted with each application. The application fee shall be in addition to any business license fee which the applicant shall be required to pay.

(Prior code § 3A.3)

It shall be the duty of the chief of police to cause an investigation to be made of the premises and the motor vehicle described in the application for the purpose of determining the fitness and suitability of such premises and motor vehicles for the ambulance business. The health officer shall also determine whether the applicant has complied with the laws of the state and the ordinances of the city relating to health, safety and sanitation.

(Prior code § 3A.4)

A. Upon the filing of an application, the city clerk shall fix a time and place for public hearing thereon.

B. Ten days' written notice of such hearing shall be given to the applicant by registered mail and to all persons to whom certificates of public convenience and necessity have previously been issued. Notice shall be given to the general public by posting the time and place of such hearing in the City Hall.

C. Any interested person may file with the city clerk a memorandum in support of or in opposition to the issuance of a certificate.

(Prior code § 3A.5)

The city council shall not issue a permit hereunder unless it finds that:

A. The applicant is financially responsible;

B. The applicant is of good moral character or the officers of the applicant are of good moral character;

C. The applicant has satisfied the requirements of this chapter and has complied with all laws of the state and ordinances of the city applicable to the proposed business operation;

D. Insurance policies as required by Section 5.76.110 have been procured;

E. Each private ambulance described in the application is adequate and safe for the purpose for which it is to be used and is equipped as required by this chapter and the laws of the state. It shall have passed inspection by the Department of Motor Vehicles of the state, and there shall be exhibited in each ambulance a permit for such use duly issued by the Commissioner of the State Highway Patrol;

F. The public convenience and necessity require the operation of such private ambulance business within the limits of the city.

(Prior code § 3A.6)

The city clerk shall give the applicant written notice of the city council's decision to grant or deny a certificate of public necessity and convenience and shall state the reasons for its decisions.

(Prior code § 3A.7)

No certificate of public convenience and necessity granted pursuant to this chapter shall be transferable.

(Prior code § 3A.8)

A. A certificate of public convenience and necessity may be revoked by the city council upon the following grounds:

1. The certificate holder knowingly and after written notice from the city council fails to operate his business in accordance with the provisions of this chapter and any and all state and federal laws applicable to the ambulance business;

2. The certificate holder has committed acts or carried on a course of conduct which the city council finds after hearing establishes a lack of good moral character;

3. The certificate holder abandons its operation of the ambulance business for a period of thirty days. Acts of God, labor disputes and other acts beyond the control of the certificate holder which cause abandonment or limitation of service shall not be considered an abandonment within the meaning of this section.

B. No suspension or revocation shall be made effective until a hearing has been held by the city council. The certificate holder shall have not less than ten days' notice of the hearing by registered mail.

(Prior code § 3A.9)

No certificate of convenience and necessity shall be issued unless the chief of police or his designated officer or agent has determined upon personal inspection that the following equipment is contained in each ambulance proposed to be operated:

A. Emergency red lights mounted in front and a siren as authorized and required for emergency vehicles by the State Vehicle Code. Each ambulance shall have passed inspection by the Department of Motor Vehicles of the state and there shall be exhibited in each ambulance a permit for such use duly issued by the Commissioner of the State Highway Patrol;

B. Resuscitator unit with respirator and inhalator, including airways and adult and child-size masks, and one resuscitube;

C. Two blankets for the main stretcher and one for each collapsible stretcher;

D. Emesis basin;

E. Heaters, front and rear;

F. Fire extinguisher, CO-2 type;

G. Flashlight and flares;

H. First aid kit approved by health officer;

I. Restraints;

J. Splints: Two leg splints and one small arm splint;

K. Not less than two pillows;

L. One main stretcher and at least two collapsible stretchers with accessories or as many as the ambulance is equipped for; each stretcher shall be equipped with safety belts;

M. Six complete sets of linen;

N. A sufficient supply of oxygen masks, nasal inhalators and regulators for the administration of oxygen at the minimum rate of eight liters per minute for a period of at least forty-five minutes, for at least two patients;

O. Adequate jacks and wheel wrenches; and

P. One spare tire.

(Prior code § 3A.10)

Before a license for ambulance service is issued or renewed, the applicant shall first satisfy the insurance requirements set forth in Sections 3.60.030, 3.60.060 and 3.60.070 of this code. The liability coverage required therein shall also extend to members of the general public as well as to persons to whom services are being provided.

(Ord. 658 § 3, 1997: prior code § 3A.11)

A. It is unlawful for any person to drive or to operate or to serve as an attendant to an ambulance without first obtaining a written permit from the chief of police or his authorized representative. Each driver or attendant issued a permit shall upon demand of a police officer or passenger exhibit his permit for inspection. Applicants for such permits shall file application with the chief of police. The applications shall contain such information as the chief of police may, in his discretion, require.

B. No permit shall be issued to any of the following persons:

1. Any person under the age of twenty-one years;

2. Any person who has been convicted of reckless driving, driving while under the influence of intoxicating liquor or under the combined influence of intoxicating liquor and any drug;

3. Any person not possessing a valid chauffeur's license issued by the state;

4. Any person who has been convicted of a felony;

5. Any person not possessing adequate knowledge of first aid.

(Prior code § 3A.12)

The chief of police may revoke a driver's or attendant's permit if the permittee has, since the granting of his permit:

A. Been convicted of a felony or been convicted of reckless driving, driving while under the influence of intoxicating liquor or the combined influence of intoxicating liquor and any drug;

B. Had his state operator's or chauffeur's license revoked or suspended or been placed on probation by the Department of Motor Vehicles as a negligent driver.

(Prior code § 3A.13)

All persons holding permits shall take first aid training courses as prescribed by the chief of police. Failure to attend such courses shall be grounds for revocation of the permit required by this chapter.

(Prior code § 3A.14)

Whenever a certificate holder replaces a vehicle, he shall file with the city clerk a description of the vehicle to be abandoned and a description of the vehicle to be placed in use. The certificate holder shall also comply with this section when adding more vehicles to his operation.

(Prior code § 3A.15)

All suspensions, revocations, refusals or denials of certificates of public convenience and necessity and of ambulance driver's and attendant's permits shall be subject to review by the city council. For this purpose, any person aggrieved by a decision of the city clerk or the chief of police may apply to the city council for a hearing within fifteen days after receipt of notice of such decision. The application for review must be in writing and shall be filed with the city clerk. The applicant for review shall be given five days' prior notice by registered mail of the time and place set for such hearing.

(Prior code § 3A.16)