Guadalupe Municipal Code Ch. 5.08 Ambulances

"Ambulance operator"

means any person who for any monetary or other consideration, or as an incident to any other occupation, transports or engages in the business of transporting in one or more ambulances one or more persons to or from any hospital or other place giving first aid or medical treatment, or other destination, regardless of the location of such hospital or other place.

"Ambulance operator"

does not include a person who maintains ambulances for the use of his or her own employees in connection with the operation by such person of a plant hospital or first aid station for such employees.

(Ord. 102 §§1, 2, 1967)

Every ambulance operator shall first obtain from the City Clerk:

A. An ambulance operator's license for which he or she shall pay $100.00 per calendar year, which may be prorated on a quarterly basis during the first year;

B. A separate ambulance license for each ambulance for each year, as follows: $36.00 for each calendar year, which may be prorated on a quarterly basis for the first year.

(Ord. 102 §3, 1967)

A. Every application for an ambulance operator's license shall be referred to the Chief of Police for investigation of the character and moral fitness of the applicant.

B. Every application for an ambulance driver's license shall be referred to the Chief of Police. The Chief of Police shall ascertain whether the applicant has a valid and current license of the appropriate class and a current and valid American Red Cross Advanced First Aid Card, and a valid and current ambulance driver's certificate issued by the Department of Motor Vehicles.

(Ord. 102 §5, 1967)

The City Clerk shall issue a license plate of an appropriate size and design for each ambulance licensed under this chapter. Such license plate shall be affixed to the ambulance in such a manner that it will be plainly visible from the rear of the ambulance.

(Ord. 102 §4, 1967)

A. Every ambulance attendant in an ambulance which is in use shall first procure a license from the City Clerk and pay a fee therefor in an amount per year established by resolution of the City Council.

B. Every ambulance driver shall first procure a license from the City Clerk, for which license there shall be no fee.

(Ord. 102 §6, 1967; Ord. 2013-414 §4)

Every ambulance attendant shall have, at the time of his or her application, and possess during the period for which such ambulance attendant's license is issued, and carry on his or her person while in an ambulance transporting a sick or injured person, a valid and current American Red Cross Advanced First Aid Card.

(Ord. 102 §8, 1967)

Every application for a license as ambulance attendant shall be referred to the Chief of Police. The Chief of Police shall ascertain whether the applicant has a valid American Red Cross Advanced First Aid Card.

(Ord. 102 §7, 1967)

A. All applications for licenses under this chapter shall be on forms provided by the City Clerk, and all applicable questions on such forms shall be answered by the applicant. All applications for an original license shall be referred to the Chief of Police, who shall make his or her investigation and furnish his or her report and recommendations to the City Clerk.

B. The City Clerk shall deny the application for a license if any of the grounds specified in subparagraph (a), Section 1105, Title 13 of the Administrative Code exist. The City Clerk may deny the application for a license if any of the grounds specified in subparagraph (b), Section 1105, Title 13 of the Administrative Code exist, which would substantially affect the applicant's qualifications for the particular license.

C. The Chief of Police's report and recommendations shall be confidential records.

(Ord. 102 §9, 1967)

The City Clerk shall not issue any ambulance license unless the applicant files with him or her a policy of liability insurance on such ambulance. The maximum amount of recovery in such policy shall not be less than the following sums:

A. For the injury to any one person or the death of any one person in any one accident, $100,000.00;

B. For the injury to 2 or more persons or the death of 2 or more persons, or the injury to one person or more, and the death of one person or more in any one accident, $300,000.00;

C. For the injury or destruction of property in any one accident, $50,000.00.

(Ord. 102 §13, 1967)

In place of one insurance policy, the applicant may file not more than 2 insurance policies, one a policy of primary insurance and the second a policy of excess insurance, if the total insurance resulting from such policies is equal to or greater than that required by Section 5.08.090.

(Ord. 102 §14, 1967)

Each policy of insurance shall include, as a part thereto, an endorsement in substantially the following form:

Notwithstanding any inconsistent expressions in this policy to which this endorsement is attached or in any other endorsement now or hereafter attached thereto or made a part thereto or made a part thereof, the protection afforded this policy (as supplemented by Policy No.…):

(1) Covers any liability arising out of the operation of the ambulances insured and resulting from any cause whatsoever in connection therewith, which may be imposed by law upon the insured for damage because of bodily injury or death to a person or persons, or destruction or property.

(2) Guarantees payment within 30 days to every plaintiff securing final judgment against the assured of the portion of said payments thereby awarded, within the applicable limits of liability above specified.

(3) Provides that it shall be continuing undertaking notwithstanding and unaffected by any action or recovery hereunder.

(4) Stipulates that it shall not be contingent upon the financial responsibility of the insured or upon any act or omission on his or her part; provided, however, that nothing herein contained shall affect any right of the insurer against the insured.

(5) Provides that it shall not be subject to cancellation except after notice to the City Clerk by registered mail, at least 30 days prior to the date of such cancellation.

(6) Covers all vehicles owned or operated by or for the named insured in the County of Santa Barbara or pursuant to any license, permit or contract granted by this endorsement.

(Ord. 102 §15, 1967)

The insurance policy required before an ambulance operator's license is issued shall not provide for the cancellation thereof unless it provides that not less than 30 days' written notice of such cancellation shall first be given to the City Clerk.

(Ord. 102 §16, 1967)

If any City officer, employee or department is informed of any change or cancellation of any insurance policy, which policy is required as a condition to receiving an ambulance license, such officer, employee or department shall inform immediately the City Council, the City Clerk and the Chief of Police of such change or cancellation.

(Ord. 102 §17, 1967)

The Chief of Police shall not approve and the City Clerk shall not issue an ambulance license or renewal thereof for any ambulance which at the time of application:

A. Would cost at retail new, without equipment, and without extras, less than $3,000.00, exclusive of any sales or use tax;

B. Is more than 6 years old.

(Ord. 102 §18, 1967)

The City Clerk shall not issue any ambulance license or renewal until he or she is informed by the Chief of Police or the California Highway Patrol that the ambulance has been inspected and that it complies with all of the provisions of this chapter, State laws and Administrative Code regulations, and of all safety regulations approved by the City Council.

(Ord. 102 §19, 1967)

An ambulance operator shall not, and an ambulance driver shall not transport any sick or injured person in any ambulance unless there is present in such ambulance an ambulance driver and an ambulance attendant, both of whom possess the appropriate license.

(Ord. 102 §10, 1967)

An ambulance operator shall not, and an ambulance driver shall not transport any sick or injured person in any ambulance unless, in addition to the ambulance driver there is also present in such ambulance an ambulance attendant who possesses and carries on his or her person a current American Red Cross Advanced First Aid Card.

(Ord. 102 §20, 1967)

The City Council may adopt such regulations on the type of ambulance and type of equipment used and on such other matters as the City Council finds are necessary for the preservation of the health and safety of the patients of an ambulance operator and those using the highways.

(Ord. 102 §24, 1967)

A. An ambulance operator shall charge the following rates, no more, for one patient:

1. Response to call: $28.00;

2. Mileage Rate. Each mile or fraction thereof: one dollar;

3. Time Rate. Except where an ambulance is hired on a standby basis to provide service in case a person should become ill or injured, for each 15-minute period or fraction thereof waiting time or standby time at the request of the person hiring the ambulance: $3.00;

4. Requests for service after 6:00 p.m. and before 6:00 a.m. of the next day will be subject to an additional charge of $5.00;

5. Cases requiring oxygen shall be subject to an additional maximum charge per tank of oxygen of $3.00;

6. Cases requiring special handling shall be subject to an additional charge of $5.00 to $25.00;

7. Cases requiring use of resuscitator shall be subject to an additional charge of $15.00.

B. This section does not apply to any contract with the County.

(Ord. 102 §11, 1967)

A. An ambulance operator may and shall charge for each additional patient carried at the same time one-half of the base rate and one-half of the mileage rate for one patient.

B. No charge shall be made for uninjured or well persons who accompany a patient.

C. For group loads from the same origin to the same destination, the ambulance operator shall divide the total charges equally among the patients.

D. This section does not apply to any contract with the County.

(Ord. 102 §12, 1967)

The total charge shall be the sum of the appropriate "base rate" plus the "mileage rate" applied to the distance actually traveled, plus the "time rate" applied to requested waiting or standby time which apply. All rates are to be computed from the time the ambulance arrives for hire until the ambulance is discharged by the patient or his or her authorized representative, or the patient is delivered to his or her destination.

(Ord. 102 §26, 1967)

An ambulance operator shall not give, directly or indirectly, or cause to be given, any rebates, commissions, reserve rebates or cash discounts to any person or persons, or groups of any nature, except as provided in this chapter.

(Ord. 102 §25, 1967)

Each ambulance or ambulance operator must be inspected at least once every 3 months. The ambulances shall be inspected at the City police station or the California Highway Patrol. The result of such inspection shall be reported on forms provided by the City. Such inspection form shall consist of an original and 2 copies, which, upon completion of the inspection, shall be distributed as follows:

A. Original to be retained in the ambulance for the 3-month period of approval;

B. First copy to be forwarded immediately to the City Clerk;

C. Second copy to be retained by the inspecting authority.

(Ord. 102 §21, 1967)

The granting of a license or a renewal thereof may be denied, and an existing license may be revoked or suspended for any of the following grounds, among others:

A. The license holder or applicant is a person unfit to be trusted with the privilege granted by such license.

B. The license holder or applicant has knowingly made a false statement in a material matter either in his or her application or in any reports or other documents furnished by him or her to the City.

C. The license holder or applicant does not maintain and operate his or her ambulances and other equipment in the manner and in the condition required by law and applicable regulations or contracts.

D. The license holder or applicant knowingly employs employees who do not meet the standards or requirements, or have the licenses required by applicable laws, regulations or contracts.

E. The license holder or applicant is not the real party in interest in the business.

F. Any other grounds or conduct which materially affect the license holder or applicant's ability or qualifications to properly operate an ambulance business or serve the public.

G. If the license holder 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 habitforming drugs; or

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

4. Within the 3-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:

a. Failure to stop and render aid in an accident involving injury or death,

b. Driving while intoxicated, or

c. Reckless driving involving bodily injury; or

5. Does not meet the minimum medical standards set forth by the Department of Motor Vehicles in Chapter 29A of the Driver's License Examination Manual or Procedure; or

6. Has wilfully made a false statement or representation, or knowingly failed to disclose a material fact in his or her application;

7. Has been convicted of any offense punishable as a felony, or has been convicted within the 10-year period immediately preceding the crime of theft in either degree; or

8. Has been convicted of any offense involving moral turpitude;

9. Has been involved within the 2 years immediately preceding the application in any motor vehicle accident causing injury or death; or

10. Has been involved in 3 or more motor vehicle accidents within the year immediately preceding the application; or

11. Has operated an authorized emergency vehicle in violation of any of the provisions of the California Vehicle Code relating to the operation of authorized emergency vehicles; or

12. 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 State Highway Patrol.

(Ord. 102 §27, 1967)

If a licensee fails or refuses to deliver an ambulance to a place designated under Section 5.08.230, at least 3 calendar days prior to the expiration date of the current inspection period, the City Clerk shall notify the licensee in writing that his or her license does not cover such ambulance and such ambulance shall not be used as such. The City Clerk shall also recover any County license plates issued for such ambulance. The licensee shall deliver the license plate to the City Clerk.

(Ord. 102 §22, 1967)

No person shall operate any such ambulance as an ambulance at any time after receipt by him or her of notice from the City Clerk pursuant to Section 5.08.250 not to so operate such ambulance.

(Ord. 102 §23, 1967)

Every license granted under this chapter is granted and accepted by all parties with the expressed understanding that the license may be revoked for any cause specified in this chapter by the City Clerk after reasonable notice to the license holder and an opportunity given the license holder to be heard on the matter. If after such hearing the City Clerk finds that grounds for revocation exist, he or she may then revoke or suspend the license.

(Ord. 102 §28, 1967)

If the application for a license or an extension or renewal of a license is denied by the City or licensee may appeal in writing to the City Council. The City Council shall then thereupon set a hearing on the matter and give notice to the applicant and the City Clerk, the Chief of Police and other interested persons of such hearing. At the hearing, the City Council shall hear the applicant and any other interested persons who may present pertinent facts as to whether or not the license should be issued or the revocation sustained. At the conclusion of the hearing shall determine whether or not the license should be issued or the revocation sustained, and shall make its order accordingly.

(Ord. 102 §29, 1967)

Any person guilty of violating any of the provisions of this chapter, or any regulation promulgated pursuant hereto, or performing any act guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine and/or imprisonment in accordance with the general penalty provision then in effect in the City, pursuant to Chapter 1.08 of this code, as amended.

(Ord. 102 §32, 1967; Ord. 86-271 §19)