Mariposa County Municipal Code § 8.52 Health And Safety

It is the intent of this chapter to protect the public from unsafe and/or unsanitary operation of ambulance services and from disruption or the abrupt cessation of ambulance services.

HISTORY

Adopted by Ord. 997 Sec. IV on 10/28/2003 Amended by Ord. 1185 Sec. I on 5/16/2023 8.52.020 Definitions

1. Except as otherwise required by the context of this chapter, words and phrases shall have meanings as set forth below:

2. "Advanced Life Support" or "ALS" means an ambulance staffed by a minimum of one (1) paramedic and one (1) EMT to provide ALS services.

3. "Ambulance" means a vehicle constructed and equipped specifically for the purpose of transporting sick, injured, convalescent, infirm or otherwise incapacitated persons. Ambulance does not mean any vehicle staffed and used to provide first aid or stabilizing medical aid while awaiting the arrival of an ambulance, such as those vehicles retained to provide such stabilizing services at sporting and entertainment events.

4. "Ambulance staff" means people who have been adequately trained and certified or licensed to work on an ambulance, minimally certified as an emergency medical technician ("EMT").

5. "Backup ambulance" means an ambulance available, operational, equipped and staffed such that it can function as an emergency ambulance vehicle with no advanced warning should any other ambulance be unavailable to respond.

6. "Basic Life Support" or "BLS" means an ambulance staffed by a minimum of two (2) EMT's to provide BLS services.

7. "Board of supervisors" means the board of supervisors of Mariposa County.

8. "Critical Care Transport" or "CCT" means the transport of a patient by ambulance between medical facilities where it has been determined by the patient's physician that such transport requires medical supervision beyond the scope of the practice of a paramedic.

9. "Dispatch agency" means the agency responsible for dispatching ambulances and ambulance services as designated by the local emergency medical services agency.

10. "Dispatch time" means the time elapsed from notification of ambulance staff of an emergency call until the ambulance is en-route to that emergency.

11. "Emergency Medical Dispatch Protocol Reference System" or "EMD" means a LEMSA approved dispatch system that includes the protocol used by an emergency medical dispatcher in an EMD provider agency to dispatch aid to medical emergencies.

12. "Emergency medical services" or "EMS" means the service performed in response to an emergency call. 13. "License" to operate an ambulance service in Mariposa County shall mean a formal license issued pursuant to chapter 8.52 of the county code. A contract entered into by and between the county of Mariposa or the LEMSA and an ambulance provider shall also constitute a "license" pursuant to chapter 8.52 of the county code.

13. "Local EMS agency" or "LEMSA" means an EMS agency designated by the Mariposa County board of supervisors as the EMS agency for Mariposa County.

14. Mobile Intensive Care Nurse" or "MICN" means a registered nurse who is functioning pursuant to Section 2725 of the Business and Professional Code, and who has been authorized by the LEMSA Medical Director to issue instructions to prehospital emergency medical care personnel within Mariposa County according to the Prehospital Treatment Guidelines developed by the LEMSA.

15. "Quick Response Vehicle" means a vehicle staffed by a minimum of one (1) paramedic to provide ALS services.

16. "Standby" means the same thing as "backup." (Ord. 997 Sec. IV, 2003)

HISTORY

Adopted by Ord. 997 Sec. IV on 10/28/2003 Amended by Ord. 1185 Sec. I on 5/16/2023

1. No person (either as owner, agent or otherwise) shall furnish, operate, conduct, maintain, or otherwise engage in or advertise, offer or profess to engage in the provision of ambulance service in Mariposa County unless that person has a currently valid license to do so issued by Mariposa County or the LEMSA and is, and remains at all times in compliance with the provisions of this chapter except as set forth in subsection "B" below.

2. Notwithstanding anything to the contrary contained herein, there shall be no license required to operate an ambulance in the following areas of Mariposa County:

   1. Yosemite National Park, including areas of private inholding within Yosemite National Park.

   2. The area served by State Highway 140 from the border of Yosemite National Park through and including the confluence of the Merced River and the South Fork of the Merced River.

   3. All areas of Mariposa County adjacent to Highway 41 from Oakhurst to the entrance of Yosemite National Park.

   4. The community contiguous to Yosemite National Park known as "Yosemite West".

3. Licenses for ambulance service in Mariposa County are non-transferable and, upon change in ownership of any licensed ambulance service, application for a new license must be made to the county.

HISTORY

Adopted by Ord. 997 Sec. IV on 10/28/2003 Amended by Ord. 1185 Sec. I on 5/16/2023

1. Application for a license to provide ambulance service shall be made on a form and in a manner prescribed by the local EMS agency.

   1. Names and addresses of the applicant(s), registered owner(s), director(s) and controlling shareholder(s) of the ambulance company.

   2. Documentation of the applicant's training and experience in ambulance service.

   3. The name of the ambulance company under which the applicant proposes to engage in ambulance service in Mariposa County.

   4. A standard financial statement for the current and previous fiscal year, prepared by a certified public accountant, as a representation of the applicant's financial viability.

   5. A description of the ambulances to be utilized in the ambulance service in Mariposa County, including make, model, year of manufacture, vehicle identification number, current state license number, and the length of time the vehicle has been in use.

   6. A description of the proposed operation of the ambulance service within Mariposa County, including number of vehicles to be supplied, location where the vehicles will be based, staffing pattern, and backup plans for provision of ambulance service in case of equipment failure or inability to provide personnel at any given time.

   7. A description of the applicant's program for maintaining the vehicles.

   8. A description of the number, type, and frequency of the private line of the vehicle's radios.

   9. A description of the location from which ambulance service will be offered, noting the hours of operation and the number of ambulance units to be deployed on each shift.

   10. A current list, amended as necessary, giving the name and certification level of all staff or reasonable proof of ability to hire the required number of adequately certified staff.

   11. A description of the company's training and orientation program for ambulance staff.

   12. A statement of the legal history of the applicant(s), including criminal and civil convictions, judgments or liens.

   13. A description of the applicant's ability to provide ambulance service within the required areas of the county twenty-four (24) hours a day, seven (7) days a week, year-round.

   14. All current and proposed service charges and the rate structure of the applicant.

   15. Affirmation that the applicant possesses and maintains currently valid California Highway Patrol Inspection Reports for each vehicle listed in the application.

   16. Evidence of insurance coverage which meets or exceeds that required by the California Vehicle Code and meets or exceeds coverage of one million dollars ($1,000,000) of professional liability insurance, per occurrence, with Mariposa County named as additional insured.

2. Documentation of any experience of the applicant in the operation of ambulance service or emergency medical service, including any prior governmental sanctions imposed against the applicant(s), including but not limited to, revocation of prior permits to provide ambulance service.

3. Documentation of a business office location or proposed business office location within Mariposa County and location of the ambulances and documentation that these locations will not cause significant traffic congestion.

4. Documentation of the proposed painting scheme of the ambulances.

5. A description of the proposed method for maintaining ambulance staff clinical proficiency when assigned to low call volume areas.

HISTORY

Adopted by Ord. 997 Sec. IV on 10/28/2003 Amended by Ord. 1185 Sec. I on 5/16/2023

• 8.52.050 Standards For Ambulance Service

The following standards shall be maintained at all times by all holders of a license to provide ambulance service within Mariposa County. At the time of application for said license, the applicant shall provide to the LEMSA documentation of how these standards will be met and maintained.

1. Twenty-four hours a day/one year service: Ambulance service shall be provided within the required areas of Mariposa County by each holder of a license for ambulance service in the county, on a twentyfour (24) hour a day, seven (7) day a week basis for a period of time not less than one year, from the date that the license is initially granted.

2. Minimum ambulance requirements shall be one of the options below:

   1. Option 1: Two (2) Basic Life Support (BLS) ambulances with one (1) stationed in North County and one (1) stationed in South County. One (1) Advanced Life Support (ALS) Quick Response Vehicle (QRV) stationed in Bear Valley. Basic Life Support (BLS) ambulances dispatched to all calls and the Advanced Life Support (ALS) Quick Response Vehicle (QRV) dispatched to EMD calls triaged for Advance Life Support (ALS).

   2. Option 2: One (1) Basic Life Support Ambulance (BLS) stationed in South County, one (1) Advanced Life Support (ALS) ambulance stationed in North County and One (1) Advanced Life Support (ALS) Quick Response Vehicle (QRV) stationed in South County. Basic Life Support (BLS) ambulance will be dispatched to all calls in South County and to calls identified through the EMD process as Basic Life Support (BLS) in North County. Advanced Life Support (ALS) ambulance dispatched to all calls in North County and Advanced Life Support (ALS) Quick Response Vehicle (QRV) dispatched to EMD calls triaged as Advanced Life Support (ALS) in South County.

   3. Option 3: One (1) Basic Life Support ambulance in South County. Two (2) Advanced Life Support ambulances, one (1) in North County and one (1) in South County. Advanced Life Support (ALS) ambulances dispatched to calls as needed to meet response time requirements and Basic Life Support (BLS) ambulance dispatched to EMD calls triaged for Basic Life Support (BLS).

3. Unless directed by a treating physician for an interfacility transfer or authorized by an EMS dispatch center trained in the Emergency Medical Dispatched Protocol Reference System to respond with an ambulance staffed and equipped at the BLS or CCT level, the level of response to ambulance requests shall be by ALS ambulance.

4. Response standards: Licensee shall respond to all emergency calls assigned to licensee. If licensee is unable to respond to any given emergency call, licensee shall immediately so inform the dispatch agency and subsequently (but no later than the next working day) provide written documentation to the LEMSA, explaining why licensee was unable to respond to the emergency call.

5. Vehicle standards: All ambulances utilized for ambulance service shall be adequately maintained in a safe condition such as to comply with all state and county requirements as documented by the California Highway Patrol. All vehicles shall be stocked with required supplies and equipment as defined by the LEMSA.

6. Dispatch time: Ambulances shall respond to emergency calls within a dispatch time specified by the LEMSA.

7. Local orientation: All staff to be utilized in responding to emergency ambulance calls shall, in addition to possessing current certification as an EMT, EMT-II, or EMT-P, or MICN in the State of California, have adequately completed a local orientation to Mariposa County as documented by the LEMSA.

8. Policies: Licensee shall, at all times, follow all policies regarding emergency medical service applicable within Mariposa County.

HISTORY

Adopted by Ord. 997 Sec. IV on 10/28/2003 Amended by Ord. 1185 Sec. I on 5/16/2023

1. The LEMSA shall, within ninety (90) days of receiving all required information of an applicant for an ambulance service license, notify the applicant in writing of its decision either to grant a license, or to deny a license.

2. Cause for denial of an ambulance license shall include, but not be limited to, the following:

   1. Inadequacy of the vehicles proposed to be utilized as ambulances.

   2. Evidence of a permit to operate ambulance service having previously been revoked in any other jurisdiction or any significant negative action having been taken against the owner(s) or applicant(s) for the license with regard to operation of emergency ambulance service in a previous jurisdiction.

   3. Documentation, upon review of references of the ambulance service or owner(s) or operator(s) thereof, that there is a significant question regarding the ability of the applicant to provide quality emergency ambulance service.

   4. Evidence that the proposed place of business would cause significant traffic congestion.

   5. Evidence that the proposed paint scheme on the ambulance would cause confusion with regard to identification of the ambulance sufficient to disrupt safe operation of the ambulance service or some other similar emergency service within the county.

   6. Any other reason or combination of reasons which leads to the determination by the local EMS agency that the applicant does not, or will not, meet all requirements within this chapter.

3. Appeal of denial: If agreement cannot be reached between the applicant and the LEMSA within thirty (30) days of the initial notification of denial of a license, applicant may file an appeal with the county board of supervisors. A hearing on the request shall be scheduled before the board of supervisors within ninety (90) days from the receipt of written request for an appeal hearing. Hearing may be held before a hearing officer designated by the board of supervisors, at the direction of the board of supervisors. The decision by the board of supervisors, or their designated hearing officer, shall be final.

HISTORY

Adopted by Ord. 997 Sec. IV on 10/28/2003

Amended by Ord. 1185 Sec. I on 5/16/2023 8.52.070 Bond Required

To protect the interest of the citizens of Mariposa County and to maintain stability of ambulance service in the county, the owner of the licensed ambulance service shall post a performance bond, or other performance security acceptable to the LEMSA, with a value of no less than one hundred and twenty-five thousand dollars ($125,000.00). In the event that the licensee fails to adequately perform its obligations under this chapter, Mariposa County will have the right to call upon the bond for damages resulting from the failure to perform.

HISTORY

Adopted by Ord. 997 Sec. IV on 10/28/2003 Amended by Ord. 1185 Sec. I on 5/16/2023 8.52.080 Subsidy By County

Nothing herein, shall be deemed to require the county to pay such a subsidy to any holder of a license of ambulance service in the county.

HISTORY

Adopted by Ord. 997 Sec. IV on 10/28/2003 Amended by Ord. 1185 Sec. I on 5/16/2023 8.52.090 Assigning Emergency Calls

In the event that there are ambulance services which overlap in any geographical area of the county, a system to divide calls for emergency ambulance service among or between the ambulance services shall be devised by the LEMSA and executed by the dispatch agency. In devising this system, the health and safety of the citizens of Mariposa County shall be the primary concern; financial equitability by distribution of calls shall be a secondary concern.

HISTORY

Adopted by Ord. 997 Sec. IV on 10/28/2003 Amended by Ord. 1185 Sec. I on 5/16/2023 8.52.100 Temporary Licenses

The county health officer may grant a temporary license for ambulance service to cover the period of time during which formal processing of an application for a license is taking place. To do so, the health officer must find that it is in the best interest of the citizens of the county that such a temporary license be granted, and that the ambulance service to which the temporary license is granted has reasonably demonstrated its ability to provide ambulance service at a level necessary to protect the public health and safety.

HISTORY

Adopted by Ord. 997 Sec. IV on 10/28/2003 Amended by Ord. 1185 Sec. I on 5/16/2023 8.52.110 Revocation Or Suspension Of License/Fine

Any licensee who violates any section of this chapter may be subject to revocation or suspension of its license to operate ambulance service.

HISTORY

Adopted by Ord. 997 Sec. IV on 10/28/2003 Amended by Ord. 1185 Sec. I on 5/16/2023

Fees may be set by the board of supervisors from time to time by resolution.

HISTORY Adopted by Ord. 997 Sec. IV on 10/28/2003 Amended by Ord. 1185 Sec. I on 5/16/2023 8.56 Medical Marijuana Cultivation 8.56.010 Findings 8.56.020 Purpose And Intent 8.56.030 Relationship To Other Laws 8.56.040 Definitions 8.56.050 Medical Marijuana Cultivation Prohibited 8.56.060 Prohibited Medical Marijuana Cultivation Declared A Public Nuisance 8.56.070 Penalties For Violation 8.56.080 Abatement 8.56.090 Investigation 8.56.100 Keeping Premises Free From Creating A Public Nuisance 8.56.110 Notice To Abate And Penalties For Unlawful Marijuana Cultivation 8.56.120 Contents Of Notice 8.56.130 Service Of Notice 8.56.140 Administrative Appeal 8.56.150 Liability For Costs 8.56.160 Abatement By Owner Or Occupant 8.56.170 Enforcement 8.56.180 Accounting 8.56.190 Notice Of Hearing On Accounting; Waiver By Payment 8.56.200 Hearing On Accounting 8.56.210 Modifications 8.56.220 Special Assessment And Lien 8.56.230 Enforcement By Civil Action 8.56.240 Summary Abatement 8.56.250 Administrative Penalty And Purposes 8.56.260 Administrative Penalty 8.56.270 Procedures 8.56.280 Request For Appeal Of Administrative Penalties 8.56.290 Advance Deposit Hardship Waiver 8.56.300 Right To Petition For Writ 8.56.310 Board Of Supervisors Hearing To Establish Civil Penalties 8.56.320 Amount Of Administrative Penalty 8.56.330 Payment And Collection 8.56.340 Administrative Hearing Fees 8.56.350 Remedies Cumulative 8.56.360 No Duty To Enforce 8.56.370 Supplementation, Clarification Or Modification Of Procedural Rules For Hearings