Brawley Municipal Code Ch. 3A Ambulances

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

Ambulance. Any privately-owned vehicle equipped or used for transporting the wounded, injured, sick or dead, and shall include, but is not restricted to, emergency vehicles used for such purposes but shall not include funeral coaches or hearses.

Attendant. An employee of the certificate holder assigned to assist the operator in the transportation and caring for wounded, injured or sick.

Certificate Holder. Any person, firm or corporation to whom a certificate of public convenience and necessity has been issued under the provisions of this chapter and which certificate has not been revoked.

Chief of police. The chief of police of the City of Brawley.

City. The City of Brawley, a municipal corporation of the State of California.

City administrator. The city administrator of the City of Brawley.

Operation. 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, except (1) the transportation from hospitals, licensed nursing homes and certified extended care facilities located in the city to points outside the city, or (2) receiving, picking up or embarking within the city of a sick or injured person during any disaster or during any emergency declared by any person duly authorized to so declare.

Operator. The driver of such ambulance.

Person. Any person, firm, partnership, association, corporation, company or organization of any kind.

(Ord. No. 635, § 2.)

(a) No person shall engage in the business of operating any ambulance within the city without first having obtained a certificate of public convenience and necessity from the city council of the city and a license to conduct such business. This provision shall not prohibit any civil defense, hospital accreditation or disaster exercise without a certificate of public convenience and necessity.

A certificate of public convenience and necessity to operate an ambulance service within the city shall be issued by the city clerk upon the application of any holder of a valid current permit issued by the county allowing the applicant to operate an ambulance service in the county adjacent to the city. Application for such certificate may be made by filing a copy of the valid current county permit together with a completed application for a city business license with the city clerk. Such certificate of public convenience and necessity issued by the city clerk shall provide for the expiration of such certificate upon the expiration date of the county permit held by applicant. Renewal of the certificate of public convenience and necessity granted hereunder may be obtained by submitting to the city clerk satisfactory proof of the renewal of the county permit, and upon the further condition that such applicant is in good standing with reference to the city business license tax requirements.

(b) An application for a certificate of public convenience and necessity to operate an ambulance service within the city by a person not holding a current permit to conduct an ambulance service within the county adjacent to the city shall be filed with the city clerk upon forms provided by the city, which shall be verified and shall contain the following information:

(1) The name, business address, and business telephone number of the applicant.

(2) If the applicant proposes to conduct business under a fictitious name, the application shall state the name, address and telephone number of each person owning a financial interest in the business.

(3) The name, address and telephone number of the person or persons who will have general management responsibility for the applicant's business.

(4) A financial statement prepared by a certified public accountant showing the financial status of the applicant during the past two years preceding the application.

(5) A statement of the experience of the principals in the business of operating an ambulance service.

(6) The year of manufacture, make, model, motor number, state license number and patient capacity of each ambulance which the applicant proposes to use in the operation of its business.

(7) The addresses and a description of the facilities at each fixed location within the city which applicant proposes to use in connection with its operations.

(8) A complete schedule of fees which the applicant proposes to charge for its services.

(9) Such other information as the city clerk may reasonably require.

(c) Immediately upon the filing of such an application, the city clerk shall cause a notice to be published in a newspaper of general circulation within the city, which notice shall set forth the fact that application has been filed for a certificate of public convenience and necessity to operate an ambulance business, the name of the applicant and any other information the city administrator feels necessary. Such notice shall be published once, at least ten days before a public hearing on the application. On filing the application, the applicant shall pay to the city clerk the sum of twenty-five dollars to cover the costs and expenses of advertising.

(d) The city council shall consider all relevant evidence and any objections and protests and in conducting its hearing shall have the right to call such witnesses as it may see fit. In all such hearings the burden of proof shall be upon the applicant to establish by clear and convincing evidence, which shall be satisfactory to the council, that public convenience and necessity require the granting of such application.

(e) The city council, in determining whether or not public convenience and necessity exist, shall take into consideration all facts which it may deem pertinent and proper.

(f) In reaching a decision, the city council shall consider the following factors:

(1) Whether the applicant is financially responsible.

(2) Whether the applicant is of good moral character or that the officers of the applicant are of good moral character.

(3) Whether the persons holding permits are under efficient management, earning a fair and reasonable return on their capital devoted to such a service.

(4) Whether persons holding permits or licenses for the operation of an ambulance business, under normal conditions, inadequately serve the public.

(5) Whether applicant has complied with the provisions of all city ordinances and all state and federal laws applicable to the proposed operation.

(6) Whether such additional service will result in a greater hazard to the public.

(g) If the council finds from its investigation and hearing that public convenience and necessity justify the creating of an additional certificate of public convenience and necessity and the granting of permits requested thereunder, it shall notify the applicant of its finding and shall thereupon issue to the applicant a certificate of public convenience and necessity.

(h) If the council finds from such investigation and hearing that public convenience and necessity do not justify the granting of an additional certificate of public convenience and necessity, it shall forthwith notify the applicant of such finding.

(i) Every owner operating an ambulance service from a place of business within the city for six months prior to the effective date of this chapter shall be presumed, in absence of any contrary evidence and finding of the council, to have provided prima facie evidence of public convenience and necessity, and the council, upon application received by the council not later than fifteen days after the effective date of this chapter, shall grant a certificate of public convenience and necessity to such owner.

(j) All persons holding certificates of public convenience and necessity shall regularly and daily operate on a twenty-four-hour basis each day of the license year to the extent reasonably necessary to meet the public demand.

(k) No certificate issued pursuant to the provisions of this chapter shall be transferable, either by assignment, sale, hypothecation, operation of law, or otherwise, without the permission of the city council having been first obtained. Application for transfer of any certificate shall be subject to the same terms, conditions and requirements as in an application for an original certificate. In approving the transfer of an existing certificate, the city council may impose such conditions as it may determine are in the public interest.

(Ord. No. 635, § 3; Ord. No. 639, §§ 1, 2.)

The certificate of public convenience and necessity may be suspended or revoked by the council upon the following grounds:

(a) The certificate holder knowingly and after notice from the city administrator fails to operate his business in accordance with the provisions of this chapter and any and all state and federal laws applicable to his operation.

(b) The operation is being conducted at rates other than those approved by the council.

(c) The company shall abandon its operation for a period of thirty days. Acts of God, and other acts beyond the control of the certificate holder which cause abandonment or limitation of service shall not be an abandonment within the meaning of this section.

(d) The certificate holder has committed acts or carried on a course of conduct which the council finds, after hearing, establishes a lack of good moral character in such certificate holder.

No suspension or revocation shall be made effective until a hearing has been had before the city council, at which time the certificate holder may be present and represented by counsel. The certificate holder shall be given not less than ten days' notice by registered mail of the hearing.

(Ord. No. 635, § 4.)

Every holder of a certificate of public convenience and necessity shall pay the following registration and permit fees of the city.

The sum of twenty-five dollars per year, payable in advance which may be prorated quarterly for the first year. The license shall be issued in the same manner provided by ordinance for other licenses of the city.

(Ord. No. 635, § 5.)

(a) The city council, upon its own motion or upon application of a certificate holder, may set, establish, change, modify or amend the schedule of rates to be charged by holders of certificates of public convenience and necessity. No rates shall be set, established, changed, modified or amended, without a hearing before the city council. Notice of such hearing shall be given to each certificate holder in writing by the clerk of the city council at least ten days before such hearing, and the council may give such notice as it shall deem necessary.

(b) A schedule of rates shall be in each ambulance at all times.

(Ord. No. 635, § 6.)

Ambulances and the equipment of all ambulances used in the emergency service shall comply with the requirements of the Department of California Highway Patrol, the California Vehicle Code and the California Administrative Code, title 13, subchapter 5.

(Ord. No. 635, § 7.)

(a) Before a permit is issued to any owner, the ambulance or ambulances for which such permit or permits are requested shall be delivered to a place designated by the city administrator for inspection, and the city administrator shall designate agents to inspect such ambulance or ambulances and equipment for compliance with the provisions of this chapter.

(b) The chief of police or any member of the police department under his direction shall have the right, at any time after displaying proper identification, to enter into or upon any certificated ambulance for the purposes of ascertaining whether any of the provisions of this chapter are being violated.

Any ambulance which is found, after such inspection, to be unsafe or in any way unsuitable for ambulance service shall be immediately ordered out of service, and before again being placed in service, shall be placed in safe condition.

(c) The interior of every ambulance shall be thoroughly cleaned after each use.

(Ord. No. 635, § 8; Ord. No. 639, § 3.)

Any person holding a certificate of public convenience and necessity to operate an ambulance service within the city shall provide ambulance service on a twenty-four-hour basis, seven days a week.

A certificate holder must respond to a call received within fifteen minutes on normal calls, and five minutes on an emergency call or otherwise inform the requesting party of his approximate delay.

(Ord. No. 635, § 9; Ord. No. 639, § 4.)

(a) It shall be unlawful for any person to drive, to operate or to act as an attendant on an ambulance, without first obtaining a permit in writing so to do from the chief of police, or any person designated by him. Each permit issued will entitle the permittee to work for only that owner whose name appears on the permit. A new permit will be required for each subsequent employment; provided, however, that no application shall be necessary other than to request a ratification of change of employment.

(b) Applicants for such permits shall file application therefor with the chief of police. The application shall contain the following information together with an application fee of five dollars and three recent pictures of the applicant:

(1) Name, marital status, age, residence, last previous address and the length of residence at such last and current address.

(2) The names and addresses of two residents of the city acquainted with the applicant or in the event applicant is not acquainted with two Brawley residents, due to insufficiency of residence, two citizens of the United States satisfactory to the chief of police.

(c) No permit shall be issued to any of the following persons:

(1) Any person under the age of eighteen.

(2) Any person who has been convicted of a felony or a crime involving moral turpitude.

(3) Any person who has been convicted of reckless driving, drunk driving or driving while under the influence of narcotics.

(4) Any person over twenty-one not possessing a valid ambulance driver's certificate issued by the state.

(5) Any person not possessing a valid advanced American Red Cross first aid certificate or an advanced first aid certificate issued by the United States Bureau of Mines.

(6) Any person whom the chief of police, in his discretion, finds lacks sufficient maturity and judgment to respond to any emergency situations.

(7) Any person who has not complied with the requirements of this chapter and all other governing laws and ordinances.

(d) The chief of police may revoke an operator's or attendant's permit if the operator or attendant has since the granting of his permit:

(1) Been convicted of a felony or crime involving moral turpitude, or been convicted of drunk driving, driving while under the influence of narcotics or reckless driving.

(2) Had his state driver's or chauffeur's license revoked or suspended.

(3) Violated any provisions of this chapter.

(Ord. No. 635, § 10.)

(a) As a condition to the issuance of a certificate of public convenience and necessity, each applicant shall file with the city clerk a certificate of insurance certifying that applicant has in force and effect a policy of insurance issued by a company authorized to do business in the state, covering applicant in the operation of such ambulance service with minimum amounts of coverage as follows: One hundred thousand dollars for personal injury to, or death of, any person in any single accident; five hundred thousand dollars on account of personal injuries to, or death of, two or more persons in any one accident; one hundred thousand dollars damage to property.

(b) Such policy of insurance shall contain an endorsement, providing that such insurance shall not be cancelled, except on thirty days' prior written notice to the city, addressed to the City Administrator, City Hall, Plaza Park, Brawley, California 92227. If, at any time, such policy of insurance shall be cancelled for any reason, or the authority of the issuing company to do business in the state be revoked, then the holder of such certificate of public convenience and necessity shall replace such policy with another policy meeting the foregoing provisions, and, in the event of the failure to do so, such holder's certificate of public convenience and necessity shall be revoked.

(Ord. No. 635, § 11; Ord. No. 639, § 5.)

Every owner, operator, director or employee of an ambulance service shall maintain a record of every emergency call responded to by dispatching an ambulance. Such records shall be kept current, retained for a period of not less than three years and shall be available at all reasonable times for review by an authorized representative of the police department for the purpose of enforcing these regulations. Records shall contain the following information and be prepared within eight hours after having responded to the call:

(a) Time and location of call.

(b) Identity of person or agency requesting call.

(c) Whether emergency operation was required.

(d) Identification of the ambulance, the ambulance driver and attendant dispatched in response to the call.

(Ord. No. 635, § 12.)