Hawthorne Municipal Code Ch. 5.22 Private Ambulance Services

Every person engaging in the business of carrying patients for hire in a private ambulance or invalid coach shall pay a license fee of fifteen dollars per year or on gross receipts basis, whichever is greater; provided, however, that no license or licensee fee shall be required of any person who delivers but does not pick up patients in the city. Anything to the contrary notwithstanding, it is lawful for any person owning or controlling a private ambulance to pick up patients in the city without obtaining a license or paying a license fee, provided such person first ascertains from the person ordering the service that no licensee hereunder is able or willing to render the service requested.

(Ord. 1592 § 12, 1995)

No person required to be licensed to do so shall engage in the business of carrying patients for hire in a private ambulance without a permit to do so and a certificate of public convenience and necessity from the city council.

(Prior code § 6-1201)

Applications for such permit and certificate shall be filed with the director of licensing and code enforcement and shall contain, in addition to the information required by Section 5.06.020 of this code:

A. A description of the motor vehicle or vehicles which the applicant proposes to use as private ambulances, giving the type, name of the manufacturer, factory number and state license number thereof;

B. A schedule of the rates or fares to be charged for carrying patients in such private ambulances;

C. The color scheme, name, monogram or insignia of such private ambulance or ambulances;

D. The financial status of the applicant, including the amounts of all unpaid judgments against the applicant and the nature of the transaction or acts giving rise to said judgments;

E. The experience of the applicant in the transportation of passengers:

F. Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a certificate.

(Prior code § 6-1202.; Ord. 1284 § 1, 1983; Ord. 1903 § 1, 2007)

Upon the filing of such application, the director of licensing and code enforcement shall refer the same to the city council which shall cause an investigation to be made and a hearing to be held in regard thereto, if it deems a hearing to be necessary. Notice of such hearing shall be given to all persons to whom permits and certificates of public convenience and necessity have been theretofore issued. Due notice shall also be given the general public by posting a notice of such hearing in the main lobby of the City Hall. Any interested person may file with the city council a memorandum in support of or opposition to the issuance of permit and certificate. At such hearing, testimony and other evidence may be received, not necessarily limited to the matters contained in the application. The council shall have power to determine all issues relative to the granting or denying of such permits and certificates.

(Prior code § 6-1203.; Ord. 1284 § 1, 1983; Ord. 1903 § 1, 2007)

Upon completing its investigation or hearing, the city council shall grant the applicant a permit and certificate of public convenience and necessity if it finds that further private ambulance service in the city is required by the public convenience and necessity and that the applicant is fit, willing and able to perform such public transportation and to conform to the provisions of this chapter; otherwise the application shall be denied. In making its findings, the council shall take into consideration the number of private ambulances already in operation, whether existing transportation is adequate to meet the public need, the probable effect of increased service on local traffic conditions, and the character, experience and responsibility of the applicant. Every person holding a valid license and permit to engage in the private ambulance business in the city, who was not required to obtain a certificate of public convenience and necessity at the time of obtaining such license and permit, shall be deemed to be providing private ambulance service in the city required by the public convenience and necessity, and shall also be deemed to be fit, willing and able to perform such public transportation and to conform to the provisions of this chapter, and a certificate of public convenience and necessity shall be issued by the director of licensing and code enforcement to such person without application therefor and without a public hearing thereon.

(Prior code § 6-1204.; Ord. 1284 § 1, 1983; Ord. 1903 § 1, 2007)

The applicant shall file, and maintain in full force and effect at all times while such private ambulance is being operated, a surety bond or policy of insurance with the city to be limited to not less than twenty-five thousand dollars for injury or death of one person, fifty thousand dollars for the injury or death of two or more persons in any one accident, and five thousand dollars for injury to or destruction of property in any one accident as the result of ownership, operation or use of each such private ambulance. Such bond or policy of insurance shall set forth therein the manufacturer's name, together with the factory number, motor number and state license number of each such private ambulance, but failure to specifically define any such ambulance in the bond or policy of insurance shall not preclude recovery thereupon. The policy of insurance may consist of a "fleet policy" covering all cars of the owner.

(Prior code § 6-1205)

The city council may, after investigation and hearing upon notice to the permittee, revoke any permit and certificate to engage in the business of carrying patients for hire in a private ambulance if it finds that:

A. The person holding such license, permit and certificate unreasonably fails or neglects to furnish private ambulance service when requested to do so; or

B. The person holding such license, permit and certificate fails or neglects to maintain any of his ambulances in a safe condition mechanically or otherwise.

(Prior code § 6-1206)