Chula Vista Municipal Code Ch. 5.10 Ambulances

***** For statutory provisions concerning ambulance licenses and permits, see Veh. Code § 2500, et seq.; for provisions concerning municipal ambulance contracts, see Gov. Code § 38794; for provisions concerning community ambulance service districts, see Gov. Code § 61600.

For the purpose of this chapter, unless otherwise expressly stated, the following words and phrases shall have the meanings respectively ascribed to them by this section:

• A. “Ambulance” means any privately owned vehicle used for the transportation of wounded, injured or sick Persons, on a for-hire basis, which is operated on or over the streets of the City;

B. “Ambulance driver” means any Person in charge of or operating any ambulance, as herein defined, either as agent, employee, or otherwise of Owner; as Owner; or under the direction of the Owner as herein defined;

C. “Ambulance Owner” means any Person, firm or corporation having use or control of any ambulance as herein defined, whether as Owner, lessee or otherwise;

• D. “Certificate” means a certificate of public convenience and necessity;

E. “Street” means any place commonly used for the purpose of public travel within the City. (Ord. 3221 § 1, 2012; Ord. 886 § 1; prior code § 31.50).

No Person shall engage in the business of operating an ambulance or ambulances for profit on a for-hire basis within the City without first having obtained a certificate of public convenience and necessity from the Council of the City; provided, however, that ambulances conveying emergency medical transportation teams for the handling of urgent special medical cases shall be exempt from the said requirement. Such ambulances which are necessary for the handling of such cases shall be manned by a team including a medical doctor. It shall be required that any such ambulance providing a medical team shall advise the Police Department prior to their operation in the City that such a unit is entering the City and properly identify it so that there will be no stopping of such vehicles by units of the Police Department. Such an ambulance service shall be subject to a business license tax as provided in this title. (Ord. 3221 § 1, 2012; Ord. 2408 § 1, 1990; Ord. 1374 § 1, 1971; Ord. 886 § 1; prior code § 31.51).

All Persons applying to the City Council for a certificate for the operation of one or more ambulances shall file with the Council a sworn application therefor on forms provided by the Council and containing information as follows:

A. The name of the Applicant and trade name, if any, under which he intends to conduct his business; and if the Applicant be a partnership, the name of each member thereof, whether a limited or general partner, and the name under which the partnership business is to be conducted; and if the Applicant be a corporation, the name of the corporation and the name of each of its officers, directors and stockholders;

B. The business address and residence address of the Applicant; and if the Applicant be a partnership, the business address of the partnership and the residence address of each partner thereof, whether he be a limited or general partner; and if the Applicant be a corporation, the address of the corporation and the residence address of each one of its officers, directors and stockholders;

C. The number of ambulances actually owned and/or leased, and the number of ambulances actually operated by such Applicant on the date of application, if any;

D. A description of each such ambulance, including the make, model, year of manufacture, and license number by the state of California;

• E. The location or station address of each such ambulance;

• F. A photograph of each such ambulance, the photograph having dimensions of at least eight inches by 10 inches and showing a lengthwise view of such ambulance;

G. A description of the proposed color scheme, insignia, trade style and/or any other distinguishing characteristics of the proposed ambulance design;

H. Such other information as the Council may, in its discretion, require. (Ord. 3221 § 1, 2012; Ord. 886 § 1; prior code § 31.51.1).

No certificate shall be granted until the City Council shall declare by resolution that the public convenience and necessity require the proposed ambulance service.

In determining whether the public convenience and necessity require the operation of an ambulance or ambulances for which an application is made, the Council shall hold such public hearings as may be necessary to determine that fact. (Ord. 3221 § 1, 2012; Ord. 886 § 1; prior code § 31.51.3).

Before any application is acted upon, the Chief Administrative Officer shall cause an investigation to be made and shall report his findings in writing to the Council on the following:

• A. The demand of the public for ambulance service or additional ambulance service;

• B. The adequacy of existing ambulance service;

• C. The financial responsibility and experience of the Applicant;

• D. The compliance or noncompliance of the Applicant with the provisions of CVMC 5.10.080 through 5.10.100;

• E. Such other relevant facts as the City Council may deem advisable or necessary. (Ord. 3221 § 1, 2012; Ord. 886 § 1; prior code § 31.51.4).

The following shall be prima facie grounds for denial of a certificate, as required by CVMC 5.10.020:

A. The Applicant or one of the partners, if the Applicant be a partnership, or one or more of the officers of the corporation, if the business be a corporation, or one or more of the directors or of the stockholders, if the policy of such corporation will be directed, controlled or managed by any stockholder or stockholders, has been convicted of a felony or crime involving moral turpitude in this state or in any other state or jurisdiction, unless at least two years shall have elapsed since his discharge from a penal institution or probation or concluded parole, during which period of time his record shows there is no evidence of the probable commission of other felonies or crimes involving moral turpitude;

B. The Applicant or one of the partners, if the Applicant be a partnership, or one or more of the officers, directors or stockholders of the corporation, if the business be a corporation, has an existing proprietary interest in an ambulance business for which a certificate of public convenience and necessity, as described in CVMC 5.10.020, has been issued or applied for;

C. The ambulance or ambulances for which such certificate is applicable appear to be unsafe, inadequate or improperly equipped as required herein;

D. The existing ambulance service, available to the public within the City, is adequate to meet the public demand for such service;

• E. The Applicant is unable to establish a degree of financial responsibility required herein;

• F. The Applicant is unable to demonstrate the extent of experience in the operation of ambulances required herein;

G. The Applicant has failed to otherwise comply with all the requirements of this chapter pertaining to ambulances prior to the commencement of operation of the proposed service. (Ord. 3221 § 1, 2012; Ord. 886 § 1; prior code § 31.51.5).

Each ambulance to be operated under a certificate of public convenience and necessity as described herein shall be safe, adequate and mechanically sound. Such condition shall be evidenced by a report of inspection satisfactorily passed in all respects for said ambulance, issued by an inspection station duly authorized for such purpose by the state of California. For the purposes of this section, such inspection must have been made within 30 days of the application referred to in CVMC 5.10.020. For the purposes of this section, no ambulance shall be considered safe, adequate or mechanically sound which is older than five years, counting the year of chassis manufacture as the first year, or which has more than 250,000 miles. The body of each such ambulance shall be so designed and constructed as to accommodate the driver and an attendant in the front or the driver’s compartment, and accommodation for at least two stretcher patients and an attendant in the rear or passenger compartment, with such additional space provided as is required for the necessary equipment as set forth in this chapter. (Ord. 3221 § 1, 2012; Ord. 886 § 1; prior code § 31.52).

No certificate shall be issued unless and until the Fire Chief or his designated officer or agent has determined upon Personal inspection that each one of the ambulances to be operated under the certificate contains all of the following:

A. Equipment and supplies required by California Health and Safety Code Division 2.5, Section 1797.204, as may be amended from time to time, and additional equipment and supplies as may be required by the Fire Chief;

• B. All authorized and prescribed equipment required for vehicles of such class by the California Vehicle Code;

• C. A rate schedule for services posted in a conspicuous place in each ambulance. (Ord. 3221 § 1, 2012; Ord. 886 § 1; prior code § 31.52.1).

Each ambulance shall have painted, in a conspicuous place on the rear panel of such ambulance, the following:

• A. The company’s name as it appears on the certificate, painted in not less than one and one-half-inch letters;

• B. The certificate number, in not less than one-half-inch letters. (Ord. 3221 § 1, 2012; Ord. 886 § 1; prior code § 31.52.2).

Repealed by Ord. 2506 § 2, 1992.

Each certificate issued pursuant to CVMC 5.10.020 through 5.10.070 shall be separate and distinct from all others and shall not be transferable from the Person, firm or corporation to whom issued to any other Person, firm or corporation. (Ord. 3221 § 1, 2012; Ord. 886 § 1; prior code § 31.54).

Whenever an Owner sells or transfers title to, or assigns the lease of or subleases, an ambulance or ambulances, and within 30 days after such sale, transfer, assignment or sublease, purchases or leases another ambulance or a like number of other ambulances, then said Owner shall, as a matter of right, upon written application to the Chief Administrative Officer within 30 days of such purchase or lease, be issued a new certificate for the operation of no greater number of ambulances than those operated prior to the sale, transfer, assignment or sublease; and provided, said Owner has complied with all the provisions of this chapter relating to ambulances. (Ord. 3221 § 1, 2012; Ord. 886 § 1; prior code § 31.54.1).

Any Owner whose ambulance or ambulances have been destroyed, voluntarily or otherwise, shall, as a matter of right, upon written application to the Chief Administrative Officer within 30 days after such destruction, and upon satisfactory evidence presented therewith of such destruction, be issued a new certificate for the operation of no greater number of ambulances than those operated prior to the destruction of any ambulance or ambulances; provided, said Owner has complied with all the provisions of this chapter relating to ambulances. (Ord. 3221 § 1, 2012; Ord. 886 § 1; prior code § 31.54.2).

Every Owner shall report any change in the information required by CVMC 5.10.020 through 5.10.070 to the City Manager within five days after the change has occurred. (Ord. 3221 § 1, 2012; Ord. 2408 § 1, 1990; Ord. 886 § 1; prior code § 31.54.3).

Whenever a certificate has been suspended or revoked by the City Council, the Owner of the ambulance or ambulances for which such certificate was issued shall forthwith surrender such certificate to the City Manager, and the operation of such ambulance or ambulances shall cease. (Ord. 3221 § 1, 2012; Ord. 2408 § 1, 1990; Ord. 886 § 1; prior code § 31.54.4).

Every Person engaged in the occupation of driving or serving as attendant of any ambulance shall pay a license tax as presently designated, or as may in the future be amended, in Section 5.10.230 of the master tax schedule in CVMC 5.07.030. (Ord. 3221 § 1, 2012; Ord. 2408 § 1, 1990; Ord. 886 § 1; prior code § 31.55).

The Fire Chief of the City or any officer designated by him is authorized and empowered to inspect any ambulance for the purpose of ascertaining whether the provisions of CVMC 5.10.080 through 5.10.100 are being observed and complied with. No Person shall obstruct or interfere with any such inspection. (Ord. 3221 § 1, 2012; Ord. 886 § 1; prior code § 31.55.1).

No Person shall own, operate or direct the operation of any ambulance unless there shall be filed with the City Clerk a policy of insurance executed and delivered by a company authorized to carry on an insurance business in the state of California, by the terms of which said insurance company assumes responsibility for death or injuries to Persons or damage to property caused by the operation of said ambulance in the minimum amounts required by state law and/or established, and kept on file with the City’s Risk Manager. (Ord. 3221 § 1, 2012; Ord. 886 § 1; prior code § 31.55.2).

No certificate shall be issued for the operation of any ambulance or ambulances, as required in this chapter, unless and until the ambulance Owner concerned shall have fully complied with all the applicable provisions and requirements thereof relative to the ambulances. (Ord. 3221 § 1, 2012; Ord. 886 § 1; prior code § 31.56).

The City Council shall have the power to suspend any certificate upon receipt of information indicating that the ambulance Owner concerned is not complying fully with all the applicable provisions of this chapter relative to ambulances. (Ord. 3221 § 1, 2012; Ord. 886 § 1; prior code § 31.56.1).

Whenever the City Council shall suspend the certificate for an ambulance or ambulances, as provided in this chapter, the Owner of said ambulance or ambulances shall have a right to a hearing before the Council to determine whether such suspension shall be continued or terminated. (Ord. 3221 § 1, 2012; Ord. 886 § 1; prior code § 31.56.2).

Upon the conclusion of such hearing, the Council may, based upon its findings, terminate such suspension and restore the certificate or continue such suspension for a time certain and so specified, or in the alternative, may revoke such certificate. (Ord. 3221 § 1, 2012; Ord. 886 § 1; prior code § 31.56.3).

No application for the issuance of a certificate by an Owner whose certificate has been previously revoked shall be accepted until the expiration of one year from the date of such revocation. (Ord. 3221 § 1, 2012; Ord. 886 § 1; prior code § 31.56.4).

The City may elect to provide itself or to enter into an exclusive contract with one ambulance operator for the provision of emergency medical care and transport services within the City in response to emergency medical calls received through 911 and/or public safety dispatch and communication centers. (Ord. 3221 § 1, 2012; Ord. 1022 § 2; prior code § 31.57).

The City shall select, designate and contract with one ambulance operator to provide emergency medical services provided pursuant to CVMC 5.10.310. This shall be provided in compliance with state law, including Emergency Medical Services System and Pre-hospital Emergency Medical Care Personnel Act (California Health and Safety Code Section 1797 et seq.), and/or any related or successor legislation. Any and all ambulance operators not so selected and designated are hereby prohibited from engaging in such emergency work; provided, however, that the patient involved in an emergency situation may designate any ambulance service to be called if said service is operating within the City pursuant to the permits required by this chapter. (Ord. 3221 § 1, 2012; Ord. 1022 § 2; prior code § 31.57.1).

If the City elects to contract for emergency medical care and transport services it shall do so in accordance with state law, and such other policies consistent therewith as may be adopted by City Council by resolution. If consistent with state law, contracts without competitive bidding may be approved; provided, that the City Council makes the findings provided in CVMC 2.56.070(B)(3) or (4). (Ord. 3221 § 1, 2012; Ord. 1022 § 2; prior code § 31.57.2).

The company so designated pursuant to CVMC 5.10.310 through 5.10.340 shall submit a rate schedule in conjunction with the contract. The maximum rate schedule shall be strictly adhered to and shall be maintained in the office of the City Clerk and shall not be changed or modified during the term of the contract without the approval of the City Council. In addition, all companies operating under a certificate of convenience and necessity in the City shall file their rate schedules in the office of the City Clerk. (Ord. 3221 § 1, 2012; Ord. 1022 § 2; prior code § 31.57.3).

It is unlawful to intentionally fail to comply with any of the requirements established by this chapter pertaining to ambulances. (Ord. 3221 § 1, 2012; Ord. 2506 § 1, 1992; Ord. 886 § 1; prior code § 31.58).