8-30 AMBULANCE SERVICES. [2]

2 Editor’s Note: This section was adopted by Ord. No. 15, §1[3].

• a. Title . This section shall be known as the “Ambulance Ordinance of the Town of Danville.”

• b. Purpose . The purposes of this section is to:

1. Enact formal policies and regulations for licensing and regulating the operation of ambulances;

2. Protect the public by assuring that ambulances operate safely; and

3. Assure that adequate ambulance services will be provided in all areas of the Town.

c. Exemptions .

1. This section shall not apply:

(a) To vehicles operated as ambulances and to persons engaged in the ambulance service where ambulance services are rendered at the request of the County Communications Center or at the request of any public protection agency during any state of “local emergency,” “local disaster,” or “local peril,” as defined in the Military and Veterans’ Code, in state of “disaster” or “extreme emergency,” as declared by the Governor;

(b) To vehicles operated as ambulances and to persons engaged in the ambulance service where ambulance services are rendered exclusively to patients who become in need of ambulance service while on or in the place of business of the person and where no charge is made for the ambulance services rendered, provided however that if the vehicle is going to travel Code 3 or its equivalent, the County Communications Center shall be so notified of this fact.

2. This section shall not prevent any peace officer, fireman, or physician licensed to practice medicine in this State, from arranging for the transportation of an individual in need of emergency medical care when no ambulance with a compliance card is available and such transportation is required immediately for the preservation of life.

Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this section:

Ambulance shall mean any privately owned vehicle specifically constructed, modified, equipped, or arranged and operated for ambulance service, and which responds or may respond to emergency calls in the Town.

Ambulance service shall mean the activity, business or service, for hire, profit, or otherwise, of transporting one (1) or more patients by ambulance on or in any of the streets, roads, highways, alleys, or any public way or place in the Town.

Attendant shall mean a trained and/or qualified individual who, regardless of whether he also serves as driver, is responsible for the care of ambulance patients and who has met all license and other requirements in applicable State laws and regulations.

Driver shall mean an individual who drives an ambulance and who has met all license and other requirements in applicable State laws and regulations.

Emergency response area list(s) shall mean that list of permittee(s) for each emergency response area who have entered into an ambulance service agreement with the Town and who will be contacted by the County Communications Center in accordance with regulations adopted by the Permit Officer to respond to calls for emergency ambulance services which it

receives. Copies of the emergency response area list(s) shall be kept on file in the offices of the Danville Police Department and the City Clerk.

Emergency response areas shall mean the areas shown on the map entitled “Emergency Response Areas of the Town of Danville” on file in the office of the Danville Police Department and the City Clerk, and as it may be changed from time to time by the Permit Officer after public hearing. Notice of public hearing shall be given as required by statutes.

Health Officer shall mean the Health Officer, or other official designated by the Council to perform his functions under this section.

Medical Director shall mean the Medical Director of the Contra Costa County Hospital, or other official designated by the Council to perform his functions under this section.

Patient shall mean a person who is ill, sick, injured, wounded, infirm, incapacitated, helpless or otherwise in need of ambulance service.

Permit Officer shall mean the Health Officer.

Police Department shall mean the Danville Police Department.

a. Required . No person (either as owner, agent of otherwise) shall furnish, operate, conduct, maintain or otherwise engage in, or advertise, offer or profess to engage in the ambulance service unless he holds (and is entitled to hold) a currently valid ambulance service permit.

b. Application Forms . Each application for an ambulance service permit shall be made upon forms prescribed by the Permit Officer.

• c. Application; Required Data . Each application shall show the following data:

1. The name(s) and address(es) of the applicant(s) and of the owner(s) of the ambulance(s) and the business or any interest therein;

2. The applicant’s training and experience in the transportation and care of patients;

3. The name(s) under which the applicant has engaged, does, and/or proposes to engage in ambulance service;

4. A description of each ambulance, including the make, model, year of manufacture, motor and chassis numbers, current State license number, the length of time the ambulance has been in use; and the color scheme, insignia, name, monogram and other distinguishing characteristics of the ambulance(s);

5. That the applicant has obtained all licenses and/or permits required by State laws or regulations for ambulances and ambulance operators;

6. That the applicant has or is making application for an ambulance compliance card for each ambulance listed in the application;

7. Evidence of financial responsibility or insurance coverage as may be required by the Permit Officer in regulations issued by him;

8. Whether the applicant has or desires an ambulance service agreement with the Town, and if so, the emergency response area list(s) the applicant would like to be placed on;

9. All facts proving that the public health, safety, welfare, convenience and necessity require the granting of the permit as requested; and

10. Such other information as the Permit Officer reasonably deems necessary to a fair determination of compliance with this section.

d. Applicant; Investigation . Upon receipt of a completed application and the required fee, the Permit Officer shall make or cause to be made such investigation as he deems necessary to determine if:

1. The public health, safety, welfare, convenience and necessity require the desiring of a permit;

2. The applicant is a responsible and proper person to conduct, operate or engage in this ambulance service;

3. The applicant meets the requirements of this section and of all other applicable laws, ordinances and regulations.

e. Applicant; Additional Investigation . Where the application states that the applicant has or desires an ambulance service agreement with the Town and desires to be placed on one (1) or more emergency response area list(s) the Permit Officer shall make or cause to be made such additional investigation as he deems necessary to determine if:

1. A valid ambulance service agreement exists between the Town and the applicant; and

2. The public health, safety, welfare, convenience and necessity require that the applicant be placed on the emergency response area list(s) requested.

f. Issuance . The Permit Officer shall issue an ambulance service permit to the applicant if he determines that the requirements contained in paragraphs d. and e. (if applicable) have been satisfied and complied with.

g. Term . Permits shall be valid for a period of one (1) year, beginning on January 1 and ending on December 31, unless earlier suspended, revoked or terminated.

h. Temporary; When Issued . The Permit Officer may issue a temporary permit for a period of not over ninety (90) days, renewable for cause expressed in writing by the Permit Officer.

i. Application; Change of Data . The applicant and permittee shall report to the Permit Officer any change in the data required in paragraph c. within ten (10) days of the effective date of the change, except that any change in the data required in paragraph c, 1. and c, 5. shall be reported immediately.

j. Termination . Any change of ownership of a permitted ambulance service terminates the permit.

k. Limited Number of Permits . Effective on December 19, 1980, no more than one (1) ambulance service permit shall be issued under this section for ambulance service in any one (1) emergency response area.

a. Required . Every ambulance shall carry a valid ambulance compliance card.

b. Application . Each application for an ambulance compliance card shall be made upon forms prescribed by the Permit Officer, and shall show:

1. The data required by subsection 8-30.3c, 1., 4., 10.; and

2. That the ambulance contains or will contain a radio installed pursuant to a radio maintenance agreement with the Town or a radio installed pursuant to regulations adopted by the Permit Officer.

c. Investigation . Upon receipt of a completed application and the required fee, the Permit Officer shall make or cause to be made such investigation as he deems necessary to determine if:

1. The ambulance is suitable for the transportation of patients from the standpoint of health, sanitation and safety;

2. The ambulance is maintained in suitable premises;

3. The ambulance and its required equipment conform with the standards, requirements and regulations of this section;

4. The ambulance is equipped with all safety and emergency equipment required for ambulances by the California Vehicle Code and the California Administrative Code as now written or amended hereafter;

5. The ambulance contains a radio installed pursuant to a radio maintenance agreement with the Town or a radio installed pursuant to regulations adopted by the Permit Officer, and that the radio is in good working order;

6. The ambulance complies with all rules, regulations and requirements of the Permit Officer issued under this section.

d. Inspection; General Requirements . Each ambulance, its equipment and the premises designated in the application and all records relating to its maintenance and operation shall be open to inspection during regular working hours by the Permit Officer or his designated representative.

e. Issuance . The Permit Officer shall issue an ambulance compliance card if he determines that the requirements contained in paragraph c. have been satisfied and complied with.

f. Term . Ambulance compliance cards shall be valid for a period of one (1) year, beginning on January 1 and ending on December 31, unless earlier suspended, revoked or terminated.

• g. Inspection; Day; Notice .

1. Annual Date. The Permit Officer may annually or as necessary schedule an inspection day during which ambulances may be brought to a place designated by him to be inspected to determine if they qualify for an ambulance compliance card.

2. Notice. The Permit Officer shall give notice of the time and place of the inspection at least fourteen (14) days in advance by:

(a) Mailing notice to all persons requesting notice, to all persons holding ambulance service permits, to all persons holding ambulance compliance cards; and

(b) Posting in the lobby of the Town Hall.

a. Permit . A nonrefundable fee in the form prescribed by the Permit Officer shall accompany every application for an ambulance service permit, in accordance with the following:

1. The fee for a nonemergency ambulance service permit, regardless of the number of emergency response areas to be served, shall be established by resolution of the Town Council.

2. The fee for an emergency ambulance service permit shall be such sum per emergency response area to be served as shall be established by resolution of the Town Council.

b. Temporary Permit .

1. Amount. A nonrefundable fee in an amount established by resolution of the Town Council shall be required before the Permit Officer may issue a temporary ambulance service permit.

2. Credit. If a regular ambulance service permit is issued to a temporary permit holder, the regular permit shall be deemed issued as of the date the temporary permit was issued and the permittee shall be entitled to a credit for the amount of the temporary permit fee paid.

c. Payment . The fees required by this section shall be paid to the Permit Officer at the time of application for a permit and shall be forwarded by him/her to the Town.

d. Proration . When an initial permit is issued the permit fee shall be prorated as follows:

• (1) Full fee if issued in January, February or March;

• (2) Three-quarters of the annual fee if issued in April, May or June;

• (3) One-half of the annual fee if issued in July, August or September; and

• (4) One-quarter of the annual fee if issued in October, November, or December.

e. Compliance Card . A nonrefundable fee of ten ($10.00) dollars in the form prescribed by the permit officer shall accompany an application for an ambulance compliance card.

a. Drivers and Attendants . Each person providing ambulance service subject to permit under this section shall:

1. Employ only drivers who possess a valid ambulance driver certificate issued by the California Department of Motor Vehicles;

2. Employ only attendants who have valid certification pursuant to Health and Safety Code Sections 1797 et seq., or regulations promulgated pursuant to those provisions.

b. Uniform and Appearance . Each person providing ambulance service subject to permit under this section shall staff each ambulance with appropriate personnel who shall wear clean uniforms, be neat and clean and comply with the requirements of this section and such other requirements as may be prescribed by the Permit Officer to assure compliance with this section.

c. Dispatchers . Each person providing ambulance service subject to permit under this section shall assign at least one (1) person to be responsible for receiving calls and dispatching ambulances.

Persons holding emergency ambulance service permit(s) under this section shall provide such dispatch services on a twenty-four (24) hour, per-day basis and shall adequately train the dispatcher to radio operation and protocols and to the emergency response area(s) served before the dispatcher begins dispatching emergency calls.

d. Age Restrictions . Each person providing ambulance services subject to permit under this division shall staff each ambulance with a driver and an attendant, at least eighteen (18) years old.

a. Authority . The Permit Officer may suspend or revoke an ambulance service permit for failure to comply with and maintain compliance with, or for violation of, any applicable provisions, standards or requirements of State law or regulation of this section or of any regulations promulgated hereunder. Suspension is not a condition precedent to revocation.

b. Notice of Issuance . Before suspension or revocation, the Permit Officer shall give written notice to the permittee specifying why such action is contemplated and giving the permittee a reasonable period of time (not less than seven (7) nor more than fifteen (15) days) to comply with the provisions in question or to show cause against suspension or revocation and setting a date for hearing thereon.

c. Hearing . At the hearing the Permit Officer has the burden of proof and may present evidence as to why such action should be taken and to answer the evidence presented by the permittee.

d. Emergency Action . The Permit Officer may reduce the period of time for compliance under a suspension or revocation notice to no less than twenty-four (24) hours and set the matter for hearing immediately upon expiration of said period when he/she makes written preliminary findings that such action is necessary to protect the public health, safety and welfare. When as a result of such an emergency proceeding a permit is suspended or revoked, the permittee may request an additional hearing at which the permittee will have the burden of establishing renewed compliance justifying reinstatement of the permit. Such additional hearing will be commenced within five (5) days of the permittee’s request. The request for, or the scheduling of, an additional hearing shall not stay operation of the suspension or revocation order.

e. Evidence . In hearings conducted pursuant to this subsection, evidence must be relevant, noncumulative, and of such nature as responsible persons are accustomed to rely on in the conduct of serious affairs. Written statements by a municipal officer or employee, an officer or employee of the State of California, or an officer or employee of any law enforcement or fire protection agency acting in the course and scope of their official duties or employment may be accepted as evidence that such fact(s) or condition(s) do or do not exist.

f. Hearing Officer . Hearings conducted pursuant to this subsection shall be conducted before a Hearing Officer designated by the Administrator. The Hearing Officer may issue subpoenas for the production of documents and/or attendance of witnesses. The Hearing Officer shall determine whether oral evidence at the hearing shall be recorded by a court reporter at Town expense. At the conclusion of said hearing, the Hearing Officer shall promptly prepare a written summary of the evidence and proposed findings and conclusions for consideration by the Permit Officer.

g. Decision . The Permit Officer shall issue a written decision within thirty (30) days after conclusion of the hearing.

a. General Requirements . When responding to an emergency call and/or operating “Code 3” or its equivalent, the ambulance driver shall see that the radio is activated; shall notify the County Communications Center that he is responding to an emergency call and/or operating “Code 3” or its equivalent; shall notify the County Communications Center of his destination; and shall comply with all orders and directions given by the County Communications Center.

b. Change of Area Map . The effective date of any changes of the boundaries of the ambulance service areas as contained in the map entitled “emergency response areas of Contra Costa County” shall be the thirtieth (30th) day after the date of the change.

c. Preparation of Area Lists . The Permit Officer shall prepare and keep up to date the emergency response area lists. The Permit Officer shall include on the list(s) those persons complying with the requirements of subsection 8-30.3e.

a. Dispatching .

1. Ambulance Available. Upon receiving a call for an ambulance the permittee shall immediately dispatch an ambulance to the address or place given and the ambulance dispatched shall immediately start a direct run to that address or place and shall complete that run unless directed otherwise by the County Communications Center, or unless diverted to respond to an emergency.

2. Ambulance Unavailable. Upon receiving a call for an ambulance and having no ambulance available to immediately make a direct run to the address or place given, the permittee shall immediately notify the caller of this fact, and if the caller cannot be so notified, the permittee shall immediately notify the County Communications Center.

3. Ambulance Diverted. If an ambulance is directed to make a direct run to an address or place and is thereafter diverted for any reason, the permittee shall immediately notify the caller of this fact, and if the caller cannot be so notified, the permittee shall notify the County Communications Center.

b. Renewal of Permits and Compliance Cards . Renewal of an ambulance service permit or an ambulance compliance card shall require conformance with all requirements of this section as upon issuance of an original permit or card.

a. Authority .

1. Adoption. The Permit Officer, after consultation with, and pursuant to the recommendations of the County Emergency Medical Care Committee, and after public hearing, shall adopt and enforce such reasonable regulations as he determines are necessary for the public health and safety regarding the operation of ambulances and to effectuate the provisions of this section.

2. Notice. The Permit Officer shall give notice of the time and place of the public hearing at least fourteen (14) days in advance by:

(a) Mailing notice to all persons requesting notice, to all persons holding ambulance service permits, to all persons holding ambulance compliance cards; and

(b) Posting in the lobby of the Danville Municipal Building.

b. Investigations .

1. Scope. Whenever in this section the Permit Officer is required to make, or cause to be made, such investigation as the Permit Officer deems necessary to determine if certain fact(s) or condition(s) exist, the Permit Officer may accept a written statement by a municipal officer or employee or an officer or employee of the State of California acting within the course and scope of their official duties or employment as evidence that such fact(s) or condition(s) do or do not exist.

2. Time. Whenever in this section the Permit Officer is required to make, or cause to be made, an investigation with

regard to an application for an ambulance service permit the Permit Officer shall complete the investigation and either approve or deny the application, in whole or in part, within ninety (90) days of the date of application.

c. Violations Prohibited . No person shall do anything forbidden by this section or regulations issued hereunder, nor do anything regulated thereunder in a way contrary to such regulation.