Chapter 112 — AMBULANCES

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AMBULANCE. Any privately-owned vehicle equipped or used for transporting the wounded, injured, or sick and shall include, but is not restricted to, emergency vehicles used for such purpose.

AMBULANCE OPERATOR. Any natural person, firm, partnership, association, company, corporation, or organization engaged in the business of carrying or transporting wounded, injured, or sick persons for hire over and along public streets. ('63 Code, § 6-2.01) (Ord. 2858, passed 2-7-61)

The provisions of this chapter shall be supplemental to the provisions of any other pertinent laws of the city. ('63 Code, § 6-2.24) (Ord. 2858, passed 2-7-61)

PERMITS AND LICENSES

It shall be unlawful for any person to engage in the business of operating an ambulance service in the city without first securing a permit so to do from the city according to each and every requirement of this chapter and without complying with each and every regulation contained in this chapter pertaining to the business of carrying or transporting wounded, injured, or sick persons for hire; provided, however, no permit shall be required of any person who delivers, but does not pick up, wounded, injured or sick persons in the city.

('63 Code, § 6-2.02) (Ord. 2858, passed 2-7-61; Am. Ord. 163-C.S., passed 4-2-71) Penalty, see § 10.99

(A) Application. An applicant for an ambulance operator's permit shall file his application with the Council, which application shall be signed and verified by the applicant, be accompanied by the fee required, and set forth the following information:

• (1) The name, business, and residence address of the applicant;

(2) The fictitious name, if any, under which such applicant does business or proposes to do business;

(3) The number and type, age, condition, and patient capacity of each ambulance proposed to be operated by the applicant, stating the make, year of manufacture, special equipment installed or proposed to be installed in each such ambulance, and whether such ambulances are or will be operated as authorized emergency vehicles;

(4) The color scheme, insignia, name, monogram, or other distinguishing characteristics to be used to designate the private ambulances of the applicant;

(5) The schedule of rates proposed to be charged for ambulance service;

(6) The experience of the applicant in the transportation and care of wounded, injured, and sick persons;

(7) The financial status of the applicant, including the amounts of unpaid judgments against the applicant, and the nature of the transaction or acts giving rise to such judgments; and,

(8) Any facts which the applicant believes tend to prove that the public convenience and necessity require the granting of a permit, and such other information as the Council may require.

('63 Code, § 6-2.03)

(B) Application hearing. Upon the filing of a fully completed application for a permit to engage in the business of operating an ambulance, the City Clerk shall fix a time for a public hearing thereon before the Council for the purpose of determining whether

the public convenience and necessity require the proposed service. No permit shall be granted until the 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. ('63 Code, § 6-2.04)

(C) Application; notice of hearing. Notice of such hearing shall be given to all persons to whom permits for the operation of ambulances have been theretofore issued. Due notice of the time and place of the public hearing before the Council shall also be given to the general public by causing a notice of such hearing to be published twice in a newspaper of general circulation in the city, the first publication to be made at least ten days before the hearing and the second publication to be made at least five days before the hearing.

('63 Code, § 6-2.05)

(D) Fee. The fee which shall be submitted with the application for an ambulance operator's permit shall be in the sum of $50 to cover administrative and other costs incident to such application. The required application fee shall not be returned in the event the permit applied for is refused, revoked, or suspended as provided for in this chapter. ('63 Code, § 6-2.08)

(Ord. 2858, passed 2-7-61) Penalty, see § 10.99

(A) Issuance. Upon completing its investigation and hearing, the Council shall grant the applicant a permit if it finds: (1) That the vehicles described in the application and proposed to be used are adequate and safe for the purpose of carrying or transporting wounded, injured, or sick persons;

(2) That the color scheme, insignia, name, monogram, or other distinguishing characteristics proposed to be used upon such ambulances are not in conflict with and do 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;

(3) 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 services and to conform to the provisions of this chapter and such rules and regulations as may be promulgated by the Council. In making such finding, the 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. ('63 Code, § 6-2.06)

(B) Form. If the Council, by resolution, shall find and declare that the public convenience and necessity require the proposed ambulance service or will admit additional ambulance service, a permit to such effect shall be issued to the person entitled thereto by having complied with the requirements of this chapter and all the requirements of this chapter having been met. The 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 which may be operated under the permit, and the date of issuance thereof. No such permit authorized shall be issued to any person who shall not have fully complied with all the requirements of this chapter.

('63 Code, § 6-2.07)

(Ord. 2858, passed 2-7-61)

Ambulance operator's permits issued pursuant to this chapter shall continue to be valid from the date of issuance unless the same have been changed, suspended, or revoked for any of the causes set forth in this chapter. ('63 Code, § 6-2.09) (Ord. 2858, passed 2-7-61)

(A) After proper notice and an opportunity of hearing given to the holder thereof, the Council may at any time revoke, suspend, or change a permit granted if the ambulance operator and/or driver or attendant fails to operate an ambulance authorized pursuant to this chapter in accordance with the provisions of this chapter.

('63 Code, § 6-2.10)

(B) All permits which shall have been suspended or revoked by the Council shall be surrendered to the City Clerk, and the operation of all ambulances covered by such permits shall cease, and the continued operation thereof shall thereafter constitute a violation of the provisions of this chapter.

('63 Code, § 6-2.11)

(Ord. 2858, passed 2-7-61)

If the ambulance operator to whom an ambulance operator's permit has been issued desires to sell or transfer his business, the interested buyer or transferee shall make application for an ambulance operator's permit as required by this chapter, accompanied by an affidavit of the seller of his intention to surrender and cancel the permit held by such ambulance operator conditionally upon, and concurrently with, consummation of such sale and issuance of a permit in the name of the buyer. If a buyer-applicant or transferee-applicant for a permit meets all the standards set forth in this chapter for the issuance of an ambulance operator's permit, the Council shall issue a new permit to the buyer-applicant and concurrency therewith cancel the seller's permit. ('63 Code, § 6-2.12) (Ord. 2858, passed 2-7-61)

Any person holding a permit to operate one or more ambulances who desires to change or amend such permit to substitute a different vehicle for a vehicle operated under such permit shall do so only upon obtaining permission from the City Manager 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.

('63 Code, § 6-2.13) (Ord. 2858, passed 2-7-61)

No owner or operator shall drive or operate an ambulance, or cause the same to be driven or operated, in the city and no permit for the operation thereof shall be granted until there is on file with the City Clerk, and in full force and effect at all times while such ambulance is being operated, a policy of insurance approved by the City Attorney and the Director of Finance, insuring the owner and operator of such ambulance (such ambulance being designated by number and state license number) and the city, as coinsured to the extent of any insurable interest, obligation, or risk of the city, against loss by reason of injury or damage which may result to persons or property from the faulty or negligent operation or defective construction or condition of such vehicle, or from any other cause whatsoever. Such policy shall be limited to not less than $50,000 for the injury or death of one person, and $100,000 for the injury or death of two or more persons in the same accident, and $10,000 for injury or destruction of property. Each policy shall contain a stipulation that any cancellation or revocation of such policy shall be without effect unless and until the city is notified thereof in writing 30 days prior to the cancellation thereof. At any time such policy or insurance is canceled by the company issuing the same, or the authority of the company to do business in the state shall cease, the owner shall replace such policy with another policy satisfactory to the City Attorney and the Director of Finance, and in default thereof, the owner's permit to operate shall be revoked. The failure of any owner to notify the City Clerk of any such cancellation or cessation shall constitute a violation of this chapter and subject such owner to the penalty provided for violation of this code. ('63 Code, § 6-2.14) (Ord. 2858, passed 2-7-61) Penalty, see § 10.99

No operator, driver, or attendant of any ambulance having a permit issued by the city shall fix, charge, or collect for ambulance service a rate or tariff more than the rate or tariff fixed in the following manner, and all operators of ambulances shall take such action as necessary to cause rates or tariffs for the ambulances owned or operated by them to be fixed in the following manner: (A) Flat rate, zone, or special service rate schedule. All owners or operators of ambulances shall operate on a flat rate or zone basis, or time, mileage, or special service basis, or a combination thereof, and shall file with the City Clerk reasonable and uniform

rates or a schedule of charges. Such rates or schedule of charges shall be reviewed and approved by the Council before becoming effective.

(B) Council review. All rates or the schedule of charges established shall remain effective and shall not be amended or varied from except with the consent of, or by the order of, the Council, and the Council may from time to time review such rates or schedule of charges, and may, in its discretion, require the operator to substantiate by factual evidence and auditable records the reasonableness and uniformity of such rates or schedule of charges, and may, based upon its findings on the question of

reasonableness and uniformity, order changes which shall be complied with.

(C) Posting and filing schedule. All owners and operators shall keep posted in a conspicuous place in the interior of each ambulance operated the rates or schedule of charges approved as to form by the City Manager and chargeable for the use of such ambulance.

('63 Code, § 6-2.15) (Ord. 2858, passed 2-7-61) Penalty, see § 10.99

No person shall operate an ambulance on the streets of the city, and no ambulance operator to whom a permit has been issued shall permit it to be so driven at any time, for hire unless the driver of such ambulance shall have first obtained and shall have then in force a current chauffeur's license issued by the state.

('63 Code, § 6-2.16) (Ord. 2858, passed 2-7-61) Penalty, see § 10.99

(A) Driver's and attendant's permit. No person shall drive or serve as an attendant of an ambulance operated under an ambulance operator's permit issued pursuant to this chapter unless such person is the holder of a valid ambulance driver's or attendant's permit issued to him in accordance with the provisions of this chapter. ('63 Code, § 6-2.17)

(B) Application. An applicant for an ambulance driver's or ambulance attendant's permit shall file his application with the Chief of Police, which application shall be signed and verified by the applicant, be accompanied by the fee required, and set forth the following information:

(1) A statement giving the applicant's full name, present address, and any other residence address during the past year;

(2) The age, sex, marital status, weight, height, color of eyes and hair, and whether or not the applicant has ever been convicted of a felony or misdemeanor, giving the particulars of each such conviction;

(3) Whether the applicant has previously been licensed as a driver, chauffeur, or attendant and, if so, when and where, and whether his license has ever been revoked or suspended and for what cause; and,

(4) Such other information as the Chief of Police may desire.

('63 Code, § 6-2.18)

(C) Investigation of applicant and issuance of permit. The Chief of Police shall conduct an investigation of each applicant for an ambulance driver's or ambulance attendant's permit and may refuse to issue such permit and may suspend or revoke a permit theretofore granted, subject to the applicant's right to request a personal appearance before the Council to offer evidence why his application should not be refused, suspended, or revoked, for any of the following reasons:

(1) If the applicant for a driver's permit is under 21 years of age;

(2) If the applicant for an attendant's permit is under 18 years of age;

(3) If the applicant for a driver's permit does not have in force a current chauffeur's license issued by the state;

(4) If the applicant is not of good moral character;

(5) If the applicant is unable to speak, read, and write the English language;

(6) If the applicant for a driver's permit has been convicted three or more times of a violation of any law regulating the

operation of motor vehicles, excepting violations pertaining to stopping, starting, or parking, within three years of the date of application;

(7) If the applicant is convicted, or has been convicted, of a crime involving moral turpitude, the use or possession of narcotics, or for operating a vehicle under the influence of intoxicating liquors or reckless driving;

(8) If the applicant does not possess an advanced American Red Cross First Aid Certificate or an Advanced First Aid Certificate issued by the United States Bureau of Mines; or,

(9) If the applicant is unable to produce at any time, and not less frequently than once a year, a certificate of a duly licensed physician stating that the applicant is, in the opinion of such physician, free of communicable disease and physical disability. ('63 Code, § 6-2.19)

(D) Fee; term. Applicants for driver's and attendant's permits shall pay to the Director of Finance a fee of $2.50 for each

application. A copy of the receipt for fees paid shall be filed with the Chief of Police. Driver's and attendant's permits shall continue to be valid from the date of issuance until the same have been suspended or revoked pursuant to the provisions of this chapter on any one or more of the grounds set forth.

('63 Code, § 6-2.20)

(E) Form. Driver's and attendant's permits shall be in the form of a card which shall bear the signature, photograph, and fingerprints of the applicant. Such card shall be issued in duplicate, and one copy with the fingerprints, photograph, and signature of the applicant shall be placed on file with the Chief of Police. The other card shall be carried on the person of the permittee at all times while driving or serving as an attendant of an ambulance.

('63 Code, § 6-2.21)

(Ord. 2858, passed 2-7-61)

OPERATING REGULATIONS

It shall be unlawful to operate an ambulance in violation of any of the following rules or regulations:

• (A) Every ambulance shall be equipped with a two-way radio.

• (B) Every ambulance shall contain such equipment as may be specified by resolution of the Council.

(C) No operator, driver, or attendant shall operate, or permit to be operated, any ambulance in the city while some or any of the equipment used therein shall be defective, unsafe, or in an insanitary condition. Every ambulance shall be at all times subject to the inspection of any officer of the city.

('63 Code, § 6-2.22) (Ord. 2858, passed 2-7-61) Penalty, see § 10.99

The City Manager is hereby authorized to issue rules and regulations prescribing and defining the duties and procedures to be observed and complied with by an ambulance operator and by drivers and attendants, which rules and regulations, and any amendments thereto, shall be subject to approval by the Council. Such rules and regulations, and amendments thereto, when approved by the Council by resolution and filed with the City Clerk, shall constitute enforceable provisions of this chapter, and violations thereof shall be subject to the penalty provisions of this code. Copies of such rules and regulations, and any amendments thereto, shall be delivered to each ambulance operator and to each driver and attendant at the time the permit is issued. ('63 Code, § 6-2.23) (Ord. 2858, passed 2-7-61)