Ceres Municipal Code Ch. 21 Ambulances

For the purpose of this chapter, and except where otherwise expressly defined in another section of this chapter, the following words and phrases shall have the meanings provided in this section. Where words and phrases are not expressly defined under this chapter, they shall be construed as their ordinary meaning within the context which they are used:

Advanced life support means special services designed to provide definitive prehospital emergency medical care, including, but not limited to, cardiopulmonary resuscitation, cardiac monitoring, cardiac defibrillation, advanced airway management, intravenous therapy, administration of specified drugs and other medicinal preparations, and other specified techniques and procedures administered by authorized personnel under the direct supervision of a base hospital as part of a local EMS system at the scene of an emergency, during transport to an acute care hospital, during interfacility transfer, and while in the emergency department of an acute care hospital until responsibility is assumed by the emergency or other medical staff of that hospital.

Ambulance means a motor vehicle constructed, modified, equipped, and used or offered to be used, for the purpose of transporting sick, injured, invalid, convalescent, infirm or otherwise incapacitated persons.

Ambulance service means the activity, business or service, for hire, profit or otherwise, of transporting one or more persons by ambulance.

Ambulance service operator means any person who operates or owns an ambulance service.

Applicant means the person, or business entity that makes application to the City for an ambulance service operator's permit pursuant to the provisions of this chapter.

Basic life support means emergency first aid and cardiopulmonary resuscitation procedures which, as a minimum, include recognizing respiratory and cardiac arrest and starting the proper application of cardiopulmonary resuscitation to maintain life without invasive techniques until the victim may be transported or until advanced life support is available.

Permittee means any ambulance service which possesses a current permit to provide ambulance service within the City of Ceres.

(Ord. No. 2020-1057, § 1, 3-23-2020)

It is the purpose and intent of this chapter to establish general operating procedures and standards for medical transportation services operating within the City in both emergency and other situations. The City Council, in enacting the Ordinance codified in this chapter, intends to provide a fair and impartial means of allowing responsible private ambulance service operators to provide emergency and nonemergency services within the City and to ensure that such service is prompt, efficient, and in the best interest of the citizens of the community. It is the further intent and purpose of the City Council to declare its intention to retain all of its legal right and authority under law to engage in the business of providing such services to the citizens of its community to the exclusion of private providers, should the City determine that its provision of such services is in the best interest of the community and its citizens.

(Ord. No. 2020-1057, § 1, 3-23-2020)

It is unlawful for any person, either as owner, employee or otherwise, to operate an ambulance, or to engage in business as an ambulance service operator, upon the streets or any public way or place in the City without first having secured and maintained a valid permit as required by this chapter, except the provisions of this chapter shall not apply to:

A. Any ambulance operated by or on behalf of the City.

B. Any vehicle operated as an ambulance at the request of local authorities during wartime emergency, duly proclaimed state of emergency or local emergency as defined by the California Emergency Services Act.

C. Ambulance service transporting a patient from a location outside of the City regardless of destination.

(Ord. No. 2020-1057, § 1, 3-23-2020)

An applicant for an ambulance service operator's permit shall file an application with the Fire Chief, which application shall contain at least the following information, and such other information as the Fire Chief may deem proper and necessary to evaluate the applicant's qualifications and proposed operation.

A. The names and the business and residential addresses of each principal having any interest in the ownership or operation of the proposed ambulance service and the percentage financial interest of each such principal.

B. The applicant's training and experience in the transportation and care of patients.

C. All business names presently used by the applicant, all business names used in the past, and all proposed business names regarding the provision of ambulance services.

D. A description of each ambulance including the make, model, year of manufacture, vehicle identification number, current State license number, the length of time the vehicle has been in use, and the color scheme, insignia, name, monogram, and other distinguishing characteristics of the vehicle, a description of the company's program for maintenance of the vehicle, and a description of the vehicle's radio communication system.

E. Proof that the applicant has obtained all licenses and permits required by State or local law or regulation for the type of ambulance service proposed.

F. The names, addresses, and qualifications of each attendant, driver or dispatcher employed, or to be employed, in providing the proposed ambulance service.

G. Proof that the applicant possesses and maintains currently valid California Highway Patrol inspection certificates for each vehicle listed for service.

H. A description of the applicant's training and orientation programs for attendants, drivers and dispatchers.

I. Such evidence of financial responsibility as may be required by the Fire Chief

J. Identification of the geographical area proposed to be served by the applicant.

K. A list of all of the offices where equipment and personnel are, or will be based, including hours of operation.

L. A description of whether the service proposed by the applicant will include basic life support services or advanced life support services, and, if so:

1. The number of basic life support or advanced life support service units to be deployed on each shift; and,

2. The provision, if any, for continuing education of attendants.

M. Each principal of the proposed applicant shall provide a current fingerprint receipt issued by the Police Chief or by another State agency which is approved by the Director, indicating that each principal of the applicant has undergone a complete criminal history check, followed by a report from the Police Department showing no conviction of crimes which would be in violation of the provision of this chapter.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Upon receipt of a completed application and the required fee, the Fire Chief shall make, or cause to be made, such investigation as he deems necessary to determine if:

A. The applicant is a responsible and proper person to conduct, operate or engage in the provision of ambulance services;

B. The applicant meets the requirements of this chapter and of other applicable laws, ordinances or regulations; and,

C. The public convenience and necessity require the granting of a permit.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Upon the filing of a fully completed application for the permit to engage in the business of operating an ambulance service and the completion of the investigation by the Fire Chief, the City Manager shall fix a time for a public hearing thereon before the City Council for the purpose of determining whether the public convenience and necessity require the proposed service. No permit shall be granted until the City Council shall, after investigation and hearing, declare by Resolution that the public convenience and necessity require the proposed service and that the same will promote the convenience, safety and welfare of the general public.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Written notice of such hearing shall be given to all persons who have been issued permits for operation of ambulances. Due notice of the time and place of the public hearing before the City Council shall also be given to the general public by causing a notice of such hearing to be published in a newspaper of general circulation of the City at least ten days before the hearing.

(Ord. No. 2020-1057, § 1, 3-23-2020)

In addition to the grounds discussed in section 5.21.050, the City Council shall either grant, by simple majority vote, the application if it finds:

A. That the vehicles described in the application and proposed to be used are adequate and safe for carrying or transporting wounded, injured or sick persons;

B. That the color scheme, insignia, name, monogram or other distinguishing characteristics proposed to be used upon such ambulance or ambulances is not in conflict with and does not imitate any color scheme, insignia, name, monogram or other distinguishing characteristics used by any other person, in such manner as to mislead or tend to mislead, deceive or defraud the public; and

C. That further ambulance service in the City is required by the public convenience and necessity and that the applicant is fit, willing and able to perform ambulance service and to conform to the provisions of this chapter, and such rules and regulations as may be promulgated by the City Council. In making such findings, the City Council shall take into consideration the number of ambulances already in operation, whether existing ambulance service is adequate to meet the public need, the probable effect of increased ambulance service on local traffic conditions, and the character, experience and responsibility of the applicant.

D. In evaluating the character, fitness, and responsibility of the applicant, the City Council shall have the discretion to deny the permit if it finds that the applicant, or any principal of the applicant, has engaged in any of the following conduct:

1. Was previously the holder of a permit granted by the City which was revoked or not extended, and the circumstances upon which the revocation or non-extension were based have not been corrected;

2. Is committing or has committed an act which, if committed by the permit holder, would be grounds for suspension or revocation of the permit;

3. Has committed any act involving dishonesty, fraud, or deceit whereby another person was injured or the applicant has unjustly benefitted;

4. has provided or is providing ambulance services within the City without having a permit as required by this chapter;

5. Has entered a plea of guilty to, been found guilty of, or been convicted of a felony, or a crime involving moral turpitude, and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal, irrespective of any order granting probation following such conviction or suspending the imposition of sentence, of a subsequent order under the provisions of Penal Code section 1203.4 allowing such person to withdraw his or her plea of guilty and to enter a plea of not guilty, setting aside the plea of verdict of guilty, or dismissing the accusation or information.

(Ord. No. 2020-1057, § 1, 3-23-2020)

If the City Council, by resolution, shall find and declare that the public convenience and necessity require the proposed ambulance service or will admit additional ambulance services, a permit to that effect shall be issued to the applicant(s). The City Council, in its discretion, shall determine the total number of ambulances which may be operated under such permit. The permit when issued shall state the name and address of the applicant, the number of ambulances that may be operated under the permit, and the date of issuance thereof. No permit authorized hereunder shall be issued to any person who shall not have fully complied with all the requirements of this chapter, specifically including the provision of insurance coverage as required by section 5.21.110.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Each ambulance operator to whom the City Council has issued a permit pursuant to this chapter shall cause a copy of the permit to be posted on the dashboard of the ambulance in a position clearly visible, or in some other area approved by the City Council.

(Ord. No. 2020-1057, § 1, 3-23-2020)

No permit for the operation of an ambulance service shall be issued, nor shall such permit be valid after issuance, nor shall any ambulance be operated unless there is at all times in full force and effect, comprehensive automobile liability insurance, comprehensive general liability insurance and professional liability insurance policies issued by a company authorized to do business in the State, acceptable to the Finance Director, insuring the permittee, its officers, agents and employees against loss by reason of personal or bodily injury, sickness, death or damage or destruction of property that may result from operation of the permittee. Comprehensive general liability insurance shall be in the sum of not less than $1,000,000.00 combined single limit, bodily injury and property damage. Professional liability insurance shall be in the sum no less than $1,000,000.00 per person and $2,000,000.00 combined single limit, bodily injury and property damage. Workers' compensation insurance shall be carried covering all employees of the permit holder. All policies shall contain a provision requiring a 30-day written notice to be given to the City prior to cancellation, modification or reduction in limits.

With regard to the policies of insurance providing comprehensive automobile liability insurance and comprehensive general liability insurance, each such policy shall contain an endorsement identifying the City as an additional insured and providing that the ambulance service's insurance coverage shall be primary and that any insurance maintained by the City shall be excess of the ambulance service's insurance and shall not contribute with it.

(Ord. No. 2020-1057, § 1, 3-23-2020)

No permit for the operation of an ambulance service may be sold, assigned or otherwise transferred without the consent of the City, nor shall the holder of any permit alter or change its approved color scheme, insignia, logo, monogram or name without the written consent of the City Manager or designee. Requests for the transfer of a permit, or for a change of the color scheme, insignia, logo, monogram or name, shall be submitted, in writing, to the City Manager, and shall contain all information regarding the proposed transferee as is required for an original application. However, depending upon the nature and circumstances of the transfer or other requested change, the City Manager, shall have discretion to vary from the strict requirements of the Code regarding the submittal of information. The City Manager shall grant such requests, if he finds that the proposed transfer or other change meets all of the requirements of this chapter, otherwise, he shall deny the request.

Any aggrieved party may appeal to the City Council the City Manager's approval or denial of a request made pursuant to this section. The notice of appeal shall be filed with the City Manager, in writing, within ten days of the City Manager's decision. Upon receipt of the notice of appeal, the matter shall be set for hearing before the City Council and shall follow the procedures provided in [business license appeals]. The decision of the City Council shall be final.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. Prior to the initial use and operation of any vehicle as an ambulance, and at least once annually thereafter, the applicant and/or the owner operator of the ambulance service shall provide proof satisfactory to the Fire Chief that the vehicle complies with all applicable rules and regulations relating to safety and sanitation. In this regard, the Fire Chief may require that the applicant and/or the owner operator of the ambulance service secure and provide, at their sole expense, a safety and sanitation inspection report from a qualified inspector approved by the Fire Chief.

B. No ambulance which is unsafe or in any way unsuitable for ambulance service shall be operated.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Any person holding a permit to operate one or more ambulances as provided in this chapter, who desires to add to the number of such vehicles, shall do so only by obtaining a permit therefor from the City Manager. There shall be no requirement of a public hearing regarding such requests. The City Manager may require from the applicant such information as he may deem necessary in order to evaluate the permit application in accordance with the criteria set forth in section 5.28.090; and, after duly considering such information, he shall either grant or deny the application.

Any aggrieved party may appeal to the City Council the City Manager's approval or denial of a request made pursuant to this section. The notice of appeal shall be filed with the City Manager, in writing, within ten days of the City Manager's decision. Upon receipt of the notice of appeal, the matter shall be set for hearing before the City Council. The decision of the City Council shall be final.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Any person holding a permit to operate one or more ambulances as provided in this chapter who desires to substitute a different vehicle for a vehicle operated under such permit shall do so only upon obtaining from the Fire Chief, permission therefor, which shall be granted only upon written application setting forth the particulars of such proposed substitution, and upon otherwise complying with the requirements of this chapter.

(Ord. No. 2020-1057, § 1, 3-23-2020)