Coachella Municipal Code Art. II Permit

It is unlawful for any person to operate, conduct, advertise, or otherwise engage in or profess to be engaged in an ambulance service within the incorporated territory of the city, except in conformance with a current, unrevoked permit issued pursuant to the provisions of this chapter.

(Prior code § 3½-11)

The provisions of Sections 8.16.050 and 8.16.060 of this chapter relating to permits and fees shall not apply to:

A. Ambulances operated by a public entity.

B. Vehicles operated as ambulances at the request of local authorities during any "state of war emergency," duly proclaimed "state of emergency" or "local emergency," as defined in Section 8558 of the Government Code.

With the exception of permits and fees, all other provisions of this chapter shall be applicable to such entities and vehicles.

(Prior code § 3½-12)

A. Permits shall be issued to expire at the end of the calendar year, and the annual fee therefor shall be two hundred fifty dollars ($250.00), plus fifty dollars ($50.00) for each ambulance to be operated under a permit, which may be prorated on a quarterly basis for the first year.

B. Temporary permits shall be issued in accordance with the provisions contained in Section 8.16.140 of this chapter, and the fee therefor shall be twenty-five dollars ($25.00), plus five dollars ($5.00) for each ambulance to be operated under a permit.

C. The provisions of this section shall not be applicable to nonprofit volunteer ambulance services.

(Prior code § 3½-13)

Applications for a permit or renewal thereof to operate an ambulance service shall be made to the health officer upon the form provided by the health department, which shall include the following information:

A. Name, business and residence address of the applicant, and the fictitious name, if any, under which the applicant proposes to do business.

B. If the applicant is a corporation, joint venture, partnership or limited partnership, the name of all corporate officers, joint venturers or partners, their business and residence addresses and their percentage of participation in such organization.

C. A statement of facts showing the experience of the applicant in the operation of an ambulance service and that the applicant is qualified to render efficient twenty-four-hour ambulance service. With respect to an application for renewal, copies of current valid emergency vehicle permits issued by the California Highway Patrol for each ambulance to be operated by the applicant.

D. The class or classes of service which the applicant proposes to provide.

E. The ambulance service area for which the applicant is requesting a permit, and all facts which the applicant believes will prove that the public health, safety, welfare, convenience and necessity require the granting of a permit to operate an ambulance service in the proposed service area.

F. A statement that the applicant will own or will have under its control equipment to adequately conduct an ambulance service in the service area for which it is applying, which meets the requirements established by the Vehicle Code and Title 13, California Administrative Code, and that the applicant owns or has access to suitable and safe facilities in order to maintain its ambulance service in a clean and sanitary condition.

G. A complete description of each ambulance to be operated by applicant, including an itemization of the equipment therein, the patient capacity thereof, and with respect to an application for renewal, a copy of the most recent ambulance inspection report issued by the California Highway Patrol for each vehicle.

H. An affirmation that each ambulance to be operated by the applicant, and the equipment therein, conform to all the applicable provisions of this chapter, the vehicle code, the California Administrative Code and other state of California, county of Riverside and city directives.

I. A statement that the applicant shall employ sufficient personnel adequately trained and available to deliver ambulance services of good quality at all times within the applicant's proposed service area.

J. With respect to application for renewal, a list containing the description of the level of training for each ambulance employee and a copy of each certificate or license issued by the state and the county establishing qualifications of such employees in ambulance operation.

K. The schedule of rates to be charged by the applicant for its ambulance services.

L. A statement signed by the applicant that as a condition of the city's issuing a permit, the applicant shall indemnify and hold the city, its officers, agents and employees free and harmless from any liability whatsoever, based or asserted upon any act or omission of applicant, its officers, agents or employees, relating to or in anywise connected with or arising from the operation of its ambulance service under such permit, and the applicant shall defend at its expense, including attorney fees, the city, its officers, agents and employees in any legal action based upon such alleged acts or omissions.

M. Such other facts or information as the health officer may require.

(Prior code § 3½-14)

Upon the receipt of a completed application, the health officer shall conduct an investigation to determine if the public health, safety, welfare, convenience and necessity require the granting of a new permit for the ambulance service area for which the application has been made and shall further determine if the applicant meets all the requirements of this chapter. Upon completion of his or her investigation, the health officer shall recommend to the city council that a permit be granted or denied for the requested ambulance service area. No permit shall be issued by the health officer until the city council has determined that the public health, safety, welfare, convenience and necessity require the granting of a new permit for the particular ambulance service area.

(Prior code § 3½-15)

If the city council determines that a permit shall not be issued, the applicant shall have the right to demand a hearing thereon.

A request for a hearing shall be made in writing to the city clerk of the city within fifteen (15) calendar days following the decision of the council to deny the permit. Upon receipt of a written request, the city clerk shall set the matter for hearing on a date not more than sixty (60) days following receipt of the written request. At the hearing, the applicant shall have the burden of proof to show facts that the public health, safety, welfare, convenience and necessity require the granting of a permit for the requested service area and that the applicant owns or controls equipment meeting the requirements of this chapter, and that the applicant otherwise meets all the requirements of this chapter.

(Prior code § 3½-16)

Upon approval by the city council of the granting of a permit for a specific ambulance service area, the health officer shall not issue the permit until:

A. The first year's fee, or prorated portion thereof, is paid;

B. The permittee delivers to the health officer copies of the most recent ambulance inspection report issued by the California Highway Patrol for each ambulance to be operated by the permittee;

C. The permittee delivers to the health officer copies of current, valid emergency vehicle permits issued by the California Highway Patrol for each ambulance to be operated by the permittee;

D. The permittee delivers to the health officer copies of policies or certificates of insurance as required by the provisions contained in Section 8.16.200; and

E. The permittee delivers to the health officer a list containing the description of the level of training for each ambulance employee and a copy of each certificate or license issued by the state, county and city establishing qualifications of such employees in ambulance operations.

(Prior code § 3½-17)

A permit shall specify the date of issuance and an expiration, the geographical limits of the territory within which the permittee may provide ambulance service, the number of ambulances to be used by the permittee, the class or classes of service to be provided, and any special conditions regarding communications, equipment, personnel or waiver of requirements deemed appropriate by the state of California.

(Prior code § 3½-18)

Permits to operate an ambulance service may be renewed annually by the health officer, upon application by a permittee, if the health officer determines that the permittee remains in compliance with the provisions of this chapter.

(Prior code § 3½-19)

A. Upon written request by the permittee, the health officer may amend the contents of the permit relating to class or classes or service, equipment or personnel.

B. Upon written request by the permittee, the health officer may amend the contents of the permit other than as specified in Section 8.16.200(A) of this chapter, if the health officer finds that such amendment will be in substantial compliance with the provisions of this chapter; provided, however, that no such amendment shall be valid for more than thirty (30) days unless approved by the city council.

(Prior code § 3½-20)

No permit shall be transferred to another person except upon prior approval of the city council, upon recommendation of the health officer.

(Prior code § 3½-21)

The health officer may issue a temporary permit to an ambulance service based and properly licensed by the California Highway Patrol outside the incorporated territory of the city for a period not to exceed thirty (30) days. Such temporary permit shall include the contents required by Section 8.16.110 of this chapter and such additional conditions as deemed appropriate by the health officer.

(Prior code § 3½-22)

An application for a permit, or a renewal thereof, may be denied and an existing permit may be revoked or suspended for any of the following grounds:

A. The permittee or applicant has knowingly made a false statement or fails to disclose facts in a material matter either in its application or in any reports or other documents furnished by it to the city.

B. The permittee does not maintain and operate its ambulances and other equipment in the manner and in the condition required by this chapter.

C. The permittee knowingly employs employees who do not meet the standards or requirements or have the licenses required by this chapter.

D. The permittee or applicant is not the real party in interest in the business.

E. Any other grounds or conduct which materially affect permittee's or applicant's ability or qualifications to properly operate an ambulance service or serve the public.

F. If the permittee or applicant:

1. Is required to register as a sex offender under the provisions of Section 290 of the California Penal Code;

2. Habitually or excessively uses or is addicted to the use of narcotics or dangerous drugs, or has been convicted of any offense, relating to the use, sale, possession, or transportation of narcotics or habit-forming drugs;

3. Is a habitual user of intoxicating beverages to excess;

4. Within the three-year period immediately preceding the application, has been under suspension, revocation or probation by the department of motor vehicles for a cause involving the safe operation of a motor vehicle, or has been convicted of any of the following offenses: failure to stop and render aid in an accident involving injury or death; driving while intoxicated or under the influence of drugs; or reckless driving involving bodily injury;

5

Has been convicted of any offense involving moral turpitude;

6. Has been convicted of any offense punishable as a felony, or has been convicted within the immediately preceding ten-year period of the crime of theft in either degree;

7. Has been involved within the two years immediately preceding the application in any motor vehicle accident causing death or personal injury;

8. Has been involved in three or more motor vehicle accidents within the year immediately preceding the application; or

9. Has operated an authorized emergency vehicle in violation of the rules and regulations relating to authorized emergency vehicles as promulgated by the commissioner of the California Highway Patrol.

G. The applicant was previously a holder of a permit issued under this chapter which has been revoked or not renewed based on any of the grounds set forth in this section.

H. The permittee has failed to make and retain records showing its transactions, or fails to make such records available for inspection by the health officer.

I. The permittee accepts an emergency call when it is either unable or unwilling to provide the requested service or fails to inform the person requesting such service of any delay and fails to obtain the consent of such person before causing an ambulance to respond from a location more distant than the one to which the request was directed.

J. The permittee or applicant has violated any of the provisions of this chapter of has failed to comply with any of the requirements of this chapter.

(Prior code § 3½-23)

The health officer shall be empowered to deny an application for renewal of a permit or to suspend or revoke a permit on any of the grounds set forth in Section 8.16.150. The health officer shall give the permittee written notice of such denial, suspension or revocation as follows:

A. In the event an application for renewal of a permit is denied the notice shall set forth the reasons for such denial and shall be served as provided in subsection C of this section.

B. In the event a permit is suspended or revoked, the notice shall set forth the reasons for such suspension or revocation and the effective dates thereof, and shall be served as provided in subsection C of this section. Such notice shall not be effective until ten (10) days after service has been made or such later date as the health officer deems appropriate.

C. The notice shall be served personally on the permittee, or sent by registered or certified mail, postage prepaid, return receipt requested, to the permittee at its business address.

(Prior code § 3½-24)

A. In the event an application to renew a permit is denied or a permit has been suspended or revoked, the permittee shall be entitled to a hearing before the health officer, by submitting a written request therefor to the health officer setting forth briefly the reasons why such denial, suspension or revocation is not proper. Such request shall be submitted within ten (10) days after service of the notice of denial, suspension or revocation was made. The hearing shall be held prior to the effective date of the suspension or revocation, or if it relates to a denial, the hearing shall be held within ten (10) days after the request was made. The health officer shall give written notice of the time, date and place of the hearing to the permittee. After the hearing, the health officer may deny the application to renew the permit, or suspend or revoke the permit, if he finds the grounds exist therefor.

B. If the health officer denies the application to renew a permit, or suspend or revoke a permit, after a hearing had been held as provided in subsection A of this section, the permittee may appeal the decision of the health officer by filing with the city clerk of the city, within fifteen (15) calendar days following the date of such decision, a written notice of appeal briefly setting forth the reasons why such denial, suspension or revocation is not proper. Upon receipt of such appeal, the clerk shall set the matter for hearing on a date not more than sixty (60) days following receipt of such appeal and give notice to the appellant and the health officer of the date, time and place for the hearing. At the hearing, the city council shall hear the appellant, the health officer and any other interested person who may present evidence relevant to the decision of the health officer. In conducting the hearing, the city council shall not be limited by the technical rules of evidence. Within thirty (30) days following the conclusion of the hearing, the city council shall issue its order as to whether or not the permit should be renewed or the suspension or revocation sustained.

(Prior code § 3½-25)