Lancaster Municipal Code Ch. 5.48 Ambulances

It is the intent of this chapter to establish general operating procedures and standards for medical transportation services operating within the city in both emergency and other situations and to provide a fair and impartial means of allowing responsible private operators to provide such services in the public interest.

(Ord. 901 § 1 (Exh. A (part)), 2008)

For purposes of this chapter, the following terms are defined:

"Ambulance" means a motor vehicle specifically constructed, modified, equipped, or arranged for the purpose of transporting sick, injured, convalescent, infirm, or otherwise incapacitated persons, authorized by the state as an emergency vehicle, and used, or having the potential for being used, in emergency service to the public. For the purpose of this chapter, the term "ambulance" also includes an ambulette, but does not include a helicopter or air ambulance.

"Ambulance service" means the activity, business or service, for hire, profit, or otherwise, of transporting one or more persons by ambulance; provided, however, ambulance service shall not include the transportation by ambulance by an employer of his or her own employees in an ambulance owned and operated by the employer solely for this purpose.

"Ambulance service operator" means any person who operates or owns an ambulance service.

"Ambulette" means a motor vehicle specifically constructed, modified, equipped, or arranged for the purpose of transporting sick, injured, invalid, convalescent, infirm, or otherwise incapacitated persons whose medical condition requires transportation services but does not require emergency services or equipment during transport.

"Business license" means a business license issued by the city pursuant to Chapter 5.04 of the Lancaster Municipal Code.

"Business license ordinance" means Chapter 5.04 of the Lancaster Municipal Code.

"City" means the city of Lancaster, California.

"City council" means the city council of the city of Lancaster, California.

"City manager" means the city manager of the city of Lancaster, California, or his or her designated representative.

"County" means the county of Los Angeles, state of California.

"Emergency" means a sudden, unforeseen event giving rise to a need for ambulance service with basic or advanced life-support services and is a condition in which an individual has a need for immediate medical attention, or where the potential for such need is perceived by emergency medical personnel or a public safety agency.

"Emergency service" means ambulance service performed in response to an emergency.

"Fire chief" means the fire chief of the Los Angeles County Fire Authority.

"Licensee" means an ambulance service operator which has been granted a license under this chapter to provide ambulance service.

"Medical services" means services provided by health care professionals licensed pursuant to the California Business and Professions Code or as specified by regulations adopted pursuant to this chapter.

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

"Person" means any individual, firm, corporation, partnership, association, or other group or combination acting as a unit.

"Public safety agency" means any public law enforcement agency, fire protection agency, or forest ranger operating in the county.

(Ord. 901 § 1 (Exh. A (part)), 2008)

A. It shall be unlawful for any person to be an ambulance service operator, or to act in such a capacity, either directly or indirectly, within the city without first having obtained a license issued pursuant to Chapter 7.16 or Chapter 7.17 of the Los Angeles County Code, as applicable, and a business license.

B. A business license shall not be required for, and the provisions of this chapter shall not apply to, any of the following:

1. A public agency acting as an ambulance service operator;

2. Ambulances operated at the request of a public safety agency during any "state of war emergency," "state of emergency," or "local emergency," as defined in the Government Code;

3. Ambulance service transporting a patient from a location outside of the city, regardless of destination;

4. Ambulance service transporting a patient by helicopter or a fixed-wing airplane.

(Ord. 901 § 1 (Exh. A (part)), 2008)

No business license issued to an ambulance service operator can be transferred by operation of law or otherwise. The following shall be considered transfers for purposes of this section:

A. Any change in the business structure of a licensee, including, but not limited to, changes from or to:

1. A sole proprietorship,

2. A partnership, including any change in the partners, and

3. A corporation, including any change in the shareholders, whether by operation of law or otherwise;

B. Bankruptcy, an assignment for the benefit of creditors, or the appointment of a receiver;

C. A sale or transfer of over ten (10) percent of the assets of a licensee.

A licensee may apply to the city manager for an amendment to the terms of its business license, which request shall be processed in the same manner as an original application. Notwithstanding anything in this section to the contrary, a business license issued to an ambulance service operator may be suspended, revoked, or terminated prior to the expiration date, pursuant to the provisions of this chapter.

(Ord. 901 § 1 (Exh. A (part)), 2008)

A. Each application for a business license submitted by or on behalf of an ambulance service operator shall be accompanied by an application fee, if any, set by the city council, and be made upon forms prescribed by the city manager pursuant to Section 5.04.030 of the Lancaster Municipal Code.

B. In addition to the information required in order to complete the application forms prescribed by the city manager pursuant to Section 5.04.030 of the Lancaster Municipal Code, an application for a business license submitted by or on behalf of an ambulance service operator shall contain or be accompanied by the following:

1. Proof that the applicant has been issued a license pursuant to Chapter 7.16 or Chapter 7.17 of the Los Angeles County Code, as applicable, and proof that such license is current and valid;

2. Such other information as the city manager may require in regulations adopted pursuant to this chapter.

C. Renewal applications shall be submitted in the same form and require the same materials as original applications.

(Ord. 901 § 1 (Exh. A (part)), 2008)

Upon receipt of a completed application and the required fee, if any, the city manager shall make, or cause to be made, such investigation as the city manager deems necessary to determine if:

A. The applicant is a responsible and proper person to conduct, operate, or engage in the provision of ambulance services;

B. The applicant meets the requirements of this chapter and of other applicable laws, ordinances, or regulations.

(Ord. 901 § 1 (Exh. A (part)), 2008)

A. The city manager shall issue a business license to an applicant if the city manager, after completing any investigation required pursuant to this chapter, determines the following: (i) that all requirements of this chapter have been met; (ii) that the applicant has been issued and possesses a current and valid license pursuant to Chapter 7.16 or Chapter 7.17 of the Los Angeles County Code; as applicable, and (iii) that the business license fee, if any, set by the city council, has been paid.

B. In the event of denial, the applicant shall be informed by the city manager in writing of the reasons therefor.

C. In addition to the grounds for denial stated in Section 5.04.100 of the Lancaster Municipal Code, the failure to meet the requirements of any provision of this chapter shall constitute a sufficient basis upon which an application for a business license submitted by or on behalf of an ambulance service operator may be denied.

(Ord. 901 § 1 (Exh. A (part)), 2008)

A. In addition to the reasons set forth in Section 5.04.170 of the Lancaster Municipal Code, the city manager may suspend or revoke an ambulance service operator's business license for any or all of the following:

1. Failure by the licensee to comply with, and maintain compliance with, or for violation of, any applicable provision, standard, or requirement of state law, or regulation of this chapter, or of any regulations promulgated hereunder;

2. Failure by the licensee to maintain a current and valid license issued pursuant to Chapter 7.16 or Chapter 7.17 of the Los Angeles County Code, as applicable; or

3. Failure by the licensee to comply with, and maintain compliance with, or for violation of, any applicable provision, standard or requirement of Chapter 7.16 or Chapter 7.17 of the Los Angeles County Code, as applicable.

B. Suspension of a license is not a condition precedent to revocation of a license.

C. Before issuing a suspension or revocation, the city manager shall give written notice to the licensee. Said notice shall:

1. Specify the reason(s) for which the proposed action is to be taken;

2. Set a hearing for not more than fifteen (15) days nor less than seven days after the date of the notice;

3. Specify the date, time and place of the hearing; and

4. Be served on the licensee either by delivery to its principal place of business or to its designated agent for service of such notices, if any.

D. If the licensee, subsequent to service of a suspension or revocation notice under this section, remedies some or all of the conditions to which the notice refers, the city manager may rescind the suspension or revocation at any time.

E. At the hearing, the city manager 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 licensee.

F. The city manager may reduce the period of time for hearing under a suspension or revocation notice to no less than twenty-four (24) hours when the city manager 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 proceedings, a license is suspended or revoked, the licensee may request an additional hearing at which the licensee will have the burden of establishing renewed compliance justifying reinstatement of the license. Such additional hearing will be commenced within five days of the licensee's request. The request for, and the scheduling of, an additional hearing shall not stay operation of the suspension or revocation order.

G. Hearings conducted pursuant to this section shall be conducted before a hearing officer designated by the city council. At the conclusion of said hearing, the hearing officer shall expeditiously prepare a written summary of the evidence, findings and conclusion.

(Ord. 901 § 1 (Exh. A (part)), 2008)

In the event of denial, suspension, or revocation of a license, the applicant or licensee may appeal the decision by submitting a notice of appeal in accordance with the uniform appeal procedure set forth in Chapter 2.44 of the Lancaster Municipal Code.

(Ord. 901 § 1 (Exh. A (part)), 2008)

The licensee shall notify the city manager within twenty-four (24) hours after any change in ownership or management of the licensee, or any interruption of service of more than twenty-four (24) hours duration, or any substantial change in staffing or equipment.

(Ord. 901 § 1 (Exh. A (part)), 2008)

A. As to all sections of this chapter, the city manager shall make such rules and regulations as may be necessary to implement this chapter.

B. The city manager or the fire chief or their respective designee(s) may inspect the records, facilities, transportation units, equipment and method of operating of each licensee whenever necessary and, by the city manager, at least annually.

(Ord. 901 § 1 (Exh. A (part)), 2008)

The city, any user, subscriber, public safety agency or consumer who believes, or has reason to believe, that an individual has been required to pay an excessive charge for services, received inadequate services, or services provided were not in compliance with the provisions of this chapter, may file a written complaint with the city manager setting forth such allegations. The city manager shall notify the ambulance service operator of such complaint. The ambulance service operator shall file a written response within fifteen (15) calendar days after receipt of the notification.

(Ord. 901 § 1 (Exh. A (part)), 2008)

The city manager may grant variances from the terms of this chapter if he or she finds such action is necessary to protect the public health, safety, or welfare. Such variances may include the issuance of a temporary license. No temporary license shall exceed one hundred eighty (180) days in duration.

(Ord. 901 § 1 (Exh. A (part)), 2008)

This chapter does not supplant, but supplements the city's business license ordinance. In the event of a conflict between this chapter and the city's business license ordinance, the provisions of this chapter shall control.

(Ord. 901 § 1 (Exh. A (part)), 2008)

Any person violating this chapter shall be guilty of a misdemeanor. In accordance with Chapter 1.12 of the Lancaster Municipal Code, any person convicted of a misdemeanor shall be punished by a fine of not more than one thousand dollars ($1,000.00) or imprisonment in the county jail for a period not exceeding six months, or both such fine and imprisonment. Each day or any portion thereof that a person violates any portion of this chapter shall constitute a separate offense.

(Ord. 901 § 1 (Exh. A (part)), 2008)