Madera Municipal Code Ch. 7 Operation of Ambulances

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

AMBULANCE. Any vehicle meeting the requirements of the State Administrative Code that is specifically constructed, modified, equipped, designed, and used and operated for transporting sick, injured, convalescent, infirm, or other incapacitated persons.

AMBULANCE ATTENDANT. Any person whose duty it is to care for any person being transported in an ambulance.

AMBULANCE SERVICE. The transportation for hire of the sick, injured, convalescent, infirm, or other incapacitated persons or entity other than a governmental agency.

DRIVER. Any person who drives an ambulance.

EMERGENCY MEDICAL TECHNICIAN. An individual trained in life support in accordance with standards set forth in the State Administrative Code and who holds a valid certificate issued pursuant to the code. Emergency Medical Technician may be classified as Emergency Medical Technician-I (EMT- I), Emergency Medical Technician-II (EMT-II). or Emergency Medical Technician-Paramedic (EMT-P).

LICENSE. A business license issued by the Director of Finance.

NON-EMERGENCY MEDICAL TRANSPORTATION. Transportation for hire of persons with stable medical conditions which may require the use of a litter, gurney, or other equipment, and which can be provided in a vehicle not routinely equipped with the medical equipment or personnel required for the specialized care provided in an ambulance.

OPERATOR. The person, persons, or entity which owns or otherwise controls the operation of an ambulance service.

('61 Code, § 4-7.01) (Ord. 144 C.S., passed 3-18-70; Am. Ord. 402 C.S., passed 1-20-83; Am. Ord. 414 C.S., passed 8-1-83)

The provisions of this chapter shall not apply to the operation of any vehicle used for the limited purpose of delivering passengers or patients within the city from some point outside the city, to any ambulance picking up a patient within the city when such ambulance operator shall have been informed by the person requesting such service that no certificate holder hereunder is willing or able to render such service and the Police Department of the city is then notified that such pickup shall be made, or to any ambulance when such services shall have been summoned or requested by any police, fire, or civilian defense authority.

('61 Code, § 4-7.02) (Ord. 144 C.S., passed 3-18-70; Am. Ord. 402 C.S., passed 1-20-83; Am. Ord. 414 C.S., passed 8-1-83)

No person shall operate, cause, permit, or allow to be operated any ambulance service in the city without having first obtained a certificate of public convenience and necessity from the City Council; provided, however, in the event there is no ambulance service of any kind serving the city at the time of making an application for such certificate, the City Administrator is authorized to issue an interim certificate of public convenience and necessity allowing immediate operation of the service pending a hearing by the Council, provided there is full compliance with all other terms and conditions of this chapter.

('61 Code, § 4-7.03) (Ord. 144 C.S., passed 3-18-70; Am. Ord. 402 C.S., passed 1-20-83; Am. Ord. 414 C.S., passed 8-1-83)

An application for a certificate of public convenience and necessity shall be filed with the City Clerk upon forms provided by the city, accompanied by a fee of $25. Such application shall contain at least the following information: the name and address of the applicant and the street number and exact location of the place of business, the name if the insurance carrier who has or is prepared to provide insurance required by this chapter, evidence that the vehicles to be used as ambulances have met the requirements of state law, and such other additional information that may be specified by the city.

('61 Code, § 4-7.04) (Ord. 144 C.S., passed 3-18-70; Am. Ord. 402 C.S., passed 1-20-83; Am. Ord. 414 C.S., passed 8-1-83)

Upon filing of such application, the City Clerk shall fix a time and place for a public hearing thereon not less than ten, nor more than 30, days after the filing of the application. Notice of such hearing shall be given to the applicant five days before such hearing by mail at the address set out in the application. Any interested person may file with the Council a memorandum in support of, or in opposition to, the issuance of a certificate of public convenience and necessity.

('61 Code, § 4-7.05) (Ord. 144 C.S., passed 3-18-70; Am. Ord. 402 C.S., passed 1-20-83; Am. Ord. 414 C.S., passed 8-1-83)

(A) At the time set for the hearing of such application, the Council may examine the applicant and all persons interested on the matters set forth in the application. The Council may by resolution or minute order, direct the Director of Finance to issue a certificate of public convenience and necessity in accordance with the application, subject to the filing and approval of evidence of insurance as provided in this chapter and upon such conditions as may be designated by the City Council.

(B) The following may constitute grounds for denial of the request for issuance of a certificate:

(1) The application is not in the form, or does not contain the information, required;

(2) The location of the place of business as stated in the application is such as to congest or interfere with travel on any public street or located in an area of the city from which response time to calls for ambulance services within the city would be inadequate;

(3) The applicant has at some prior time had a certificate of public convenience and necessity for the operation of an ambulance revoked for reason;

(4) Investigation by the Police Department discloses conviction of a felony, addiction to alcohol or narcotics, or other adverse characteristics of the applicant; or

(5) There is an existing ambulance service in the community and the Council finds and determines that because of the economic conditions attendant to the operation of such service, the issuance of an additional certificate of public convenience and necessity cannot be sustained.

('61 Code, § 4-7.06) (Ord. 144 C.S., passed 3-18-70; Am. Ord. 402 C.S., passed 1-20-83; Am. Ord. 414 C.S., passed 8-1-83)

(A) A certificate of public convenience and necessity issued pursuant to this chapter may be suspended or revoked by the City Council upon recommendation of the County Service Provider Review Committee, to whom all injuries and complaints concerning ambulance service shall be referred after the issuance of the certificate of public convenience and necessity, or where a certificate holder has abandoned its operation for a period of five or more days, provided however, acts of God, labor disputes, and other acts beyond the control of a certificate holder which cause abandonment or limitation of service shall not be considered an abandonment within the meaning of this section.

(B) No suspension or revocation shall be effective until after a hearing is held by the City Council and the certificate holder has been given not less than five days notice of such hearing by certified mail, setting forth the grounds of such proposed revocation, and providing that holder shall be afforded any and all reasonable opportunity to present such evidence as the holder may have in connection therewith. Nothing in this section shall be deemed to limit the authority of the City Council on its own motion, or recommendation of the City Administrator or the Chief of Police, to revoke or suspend a certificate of public convenience and necessity.

('61 Code, § 4-7.07) (Ord. 144 C.S., passed 3-18-70; Am. Ord. 402 C.S., passed 1-20-83; Am. Ord. 414 C.S., passed 8-1-83)

No person shall be entitled to receive a business license to operate an ambulance service without first having received a certificate of public convenience and necessity.

('61 Code, § 4-7.08) (Ord. 144 C.S., passed 3-18-70; Am. Ord. 402 C.S., passed 1-20-83; Am. Ord. 414 C.S., passed 8-1-83)

Before the issuance of a certificate of public convenience and necessity, the applicant shall file with the City Clerk policies of insurance, or certificates evidencing issuance of policies, issued by an insurance company authorized to do business in the state in a form acceptable to the City Administrator, evidencing insurance coverage in amounts fixed by the City Administrator providing for general liability, automobile liability, and professional malpractice liability. Such insurance policy shall be maintained as long as the certificate of public convenience and necessity is in force. The City shall be named as additional insured on all policies and all such policies shall contain an endorsement requiring 30 days written notice to the City Clerk before cancellation, modification, or reduction of the limits of the policy by the insurer.

('61 Code, § 4-7.09) (Ord. 144, C.S., passed 3-18-70; Am. Ord. 402 C.S., passed 1-20-83; Am. Ord. 414 C.S., passed 8-1-83; Am. Ord. 463, C.S., passed 7-7-86)

The following rules and regulations shall be observed by all persons operating any ambulance service:

(A) All ambulances shall be kept in good mechanical condition and inspected and approved for operation by the State Highway Patrol. All ambulances shall be kept clean and sanitary and be available for inspection by the Chief of Police.

(B) Two ambulances shall be available for operation at all times. Subject to weather, traffic, safety considerations and other pertinent factors, all reasonable efforts shall be made to be able to respond to calls for an ambulance within the city limits of the city within five minutes. Operators shall be required to make every effort to ensure that response time with a secondary or backup ambulance shall be as prompt as possible, with personnel available at the ambulance office within ten minutes after the first call.

(C) A proficiency test of all ambulance drivers covering their knowledge and locations of various streets and how to get from one location to another shall be conducted every six months by the Police Department.

(D) Each ambulance shift must have at least one EMT-II on duty. All attendants must be certified unless exempted by the City Health Officer.

('61 Code, § 4-7.10) (Ord. 144 C.S., passed 3-18-70; Am. Ord. 402 C.S., passed 1-20-83; Am. Ord. 414 C.S., passed 8-1-83)