Chapter 5.12 — AMBULANCE SERVICE

State Law reference— For statutory provisions on ambulance licenses and permits, see Vehicle Code §2500 et seq.

It is declared that public convenience and necessity require the operation of an ambulance service by other than the city and in lieu of the ambulance service heretofore rendered by the city.

(Ord. 266 §1, 1968)

A.

In such situations contained in this chapter as are covered by California State Codes including, but not limited to the Vehicle Code, compliance with such state codes shall suffice.

B.

By way of illustration, the nature and form of license, and the training and qualifications of the operators of an ambulance, and the condition and equipment and maintenance of an ambulance shall be deemed sufficient and proper if in compliance with the provisions of a California State Code.

(Ord. 266 §17, 1968)

For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows:

A.

"Ambulance" means any vehicle certified by the California Highway Patrol that is specifically constructed, modified, equipped, designed, and used and operated for transporting sick, injured, convalescent, infirm, or otherwise incapacitated persons.

B.

"Convalescent transport vehicle" means any vehicle that is specifically constructed, modified, equipped, designed and used and operated for transporting patients not requiring emergency services.

C.

"Licensee" means any person or business entity having a valid license issued by the county to operate an ambulance and/or a convalescent transport vehicle within a defined area of the county.

D.

"Patient" means a wounded, injured, sick, invalid, convalescent or otherwise incapacitated person.

E.

"Person" means any individual, corporation, partnership, association, trust or estate.

F.

"Service area" means the geographic area in the county in which a licensee is licensed by Tulare County to provide ambulance and/or convalescent transport service.

(Ord. 266 §2, 1968; Ord. 436 §1, 1981)

It is unlawful for any person, either as an owner, agent, employee or otherwise, to operate, conduct, or otherwise be engaged in the business of providing ambulance services or convalescent transport services in the city, or to transport patients in the city by means of an ambulance or convalescent transport vehicle or to operate the same upon the public streets within the city, without having a license or permit issued by the county authorizing the licensee or permittee to provide such services within the service area of the county, within which the city is located.

(Ord. 266 §3, 1968; Ord. 436 §2, 1981)

Any ambulance service or convalescent transport service operating within the city pursuant to a license or permit issued by the county shall, at all times, conform to and be in compliance with the Tulare County Ordinance Code Chapter pertaining to ambulance and convalescent transport services.

(Ord. 264 §4, 1968; Ord. 436 §3, 1981)

Any licensee of the county may provide ambulance or convalescent transport services within the city under the following circumstances:

A.

Upon request by any person, public safety agency, or other licensee, when an ambulance or convalescent transport vehicle licensed by the county for the service area in which the city is located, is not immediately available;

B.

To provide ambulance or convalescent transport service to any person from a point outside the city to a point inside the city;

C.

To provide return ambulance or convalescent transport service to any person who initially used the licensee's services for transportation to a destination inside of the city from a point outside the city;

D.

To provide standby ambulance or convalescent transport services on a contract basis for special events of limited duration, including, but not limited to circuses, carnivals, outdoor festivals, fairs, rodeos, and athletic events.

(Ord. 266 §5, 1968; Ord. 436 §4, 1981)

This chapter shall not apply to the following:

A.

Any person or organization providing ambulance or convalescent transport services on a nonprofit volunteer basis;

B.

Ambulance or convalescent transport services supplied by a political subdivision of the state of California or the United States;

C.

Ambulance or convalescent transport service from a location outside the county, regardless of destination;

D.

Any ambulance or convalescent transport service during any "state of war emergency," "state of emergency," or "local emergency," as those terms are defined in the Government Code of the State.

(Ord. 266 §5, 1968; Ord. 436 §5, 1981)

It is declared to be the opinion of the city council that the best interests of the city will be served if there is not competition between two or more ambulance or convalescent transport businesses. This is because of the size of the city and the extent of the need for ambulance and/or convalescent transport services. Before authorizing additional ambulance and/or convalescent transport services within the city, the city council shall conduct one or more public hearings, after proper publication of notice of the time and place of such hearing, to determine whether public convenience and necessity requires such additional services. The council's determination of this issue shall be final.

(Ord. 266 §19, 1968; Ord. 436 §7, 1981)

Any organization which has been issued a license or permit by the county to provide ambulance or convalescent transport services within the service area of the county within which the city is located may petition the city council to request that a public hearing be held pursuant to Section 5.12.200 to determine if public convenience and necessity require additional ambulance and/or convalescent transport services within the city. Such petition shall set forth in detail all arguments justifying the need for such additional services and must further be accompanied by sufficient supporting data.

(Ord. 266 §20, 1968; Ord. 436 §8, 1981)

The ambulance business shall be subject to the same city license fee as provided by the city law for professional and semiprofessional operations.

(Ord. 266 §21, 1968)

Any person, firm, or corporation who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than three hundred dollars, or by imprisonment for not to exceed six months.

(Ord. 266 §22, 1968)