Martinez Municipal Code Ch. 5.36 Ambulances

A.

"Ambulance"

means any motor vehicle used to transport, move or convey a sick or injured person.

B.

"Ambulance business"

means the business of owning, operating, managing or maintaining as principal or agent any ambulance herein defined.

C.

"Ambulance service charges"

means any charge, fare or other consideration for ambulance service.

D.

"Operation within the City of Martinez"

means the receiving, picking up or embarking within the City of Martinez of a sick or injured person for transportation or conveyance to any point within or without the City of Martinez.

E.

"Person"

means individuals, partnerships, firms, corporations and associations of every kind, and their agents, servants or employees.

(Prior code § 6600)

No permit for the operation within the City of any private ambulance shall be granted until the Chief of Police determines that the public convenience and necessity require the operation of such ambulance or ambulances. In making such determination, the Chief of Police may take into consideration all facts which are deemed pertinent and proper. In order to grant such a permit, the Chief of Police must make written findings in support thereof, including a specific finding that an applicant is financially responsible, that the premises and motor vehicles which the applicant proposes to use are fit and suitable for the ambulance business, and that the operation of the ambulances for which a permit is applied is necessary to provide adequate ambulance service to the public.

No permit shall be granted unless all of the findings specified in the previous paragraph are made. If the Chief of Police denies an application for a permit, he/she shall render a decision in writing which contains the findings and reasons for the denial.

(Prior code § 6601; Ord. 1097 C.S. § 1, 1987)

It is unlawful for any person to operate, or cause to be operated, within the City, any ambulance unless a determination of public convenience and necessity therefor shall have first been made as provided in Section 5.36.020 hereof, and unless such person shall thereafter have obtained a permit to do so, as herein provided.

(Prior code § 6602(a))

Applications for permits to operate, manage or maintain within the City private ambulances shall be in writing and submitted to the Chief of Police for the determination provided in Section 5.36.020, and for investigation as provided in Section 5.36.050. Applications shall contain:

A. The business name and address of applicant;

B. A statement as to whether the applicant is a corporation, partnership or individual, and if the last, the residence address of the applicant;

C. The number and description of the motor vehicles proposed to be used as ambulances;

D. The exact nature of the proposed business for which the permit is requested, and the name under which it is to be operated;

E. Whether or not any license or permit to operate ambulances has been revoked or suspended, and if so, the circumstances of such revocation or suspension;

F. The color scheme and characteristic insignia to be used to designate the vehicles of the owner;

G. The address and a description of the premises at and from which it is proposed to maintain and operate such ambulances;

H. A schedule of ambulance service charges which the applicant proposes to charge for operations within the City;

I. Such other relevant facts as the Chief of Police may, prior to the filing of the application, determine by written policy as advisable or necessary.

Within 10 days after the filing of any such application for a permit, the City Clerk shall cause to be posted on the bulletin board at the City Hall, notice of the filing of such application setting forth in the notice the name and address of the applicant, and the date of filing such application.

(Prior code § 6602(b); Ord. 1097 C.S. § 2, 1987)

It shall be the duty of the health officer to cause an investigation to be made of the premises and the motor vehicles named and described in applications for permits for the purpose of determining the fitness and suitability of such premises and motor vehicles from a health and sanitation standpoint. The health officer shall also determine whether the applicant has complied with the laws of the State and the provisions of the ordinances of the City, relating to health, safety and sanitation. Should the health officer determine that such premises and motor vehicles are fit and suitable for such business and that the applicant has complied with the laws of the State and the provisions of the ordinances of the City, relating to health and sanitation, the health officer shall, upon payment by applicant to the Director of Finance of the license fee hereinafter fixed, issue or cause to be issued to such applicant a permit to operate, manage or maintain private ambulances.

A. No permit shall be granted within 40 days after the date of filing of the application with the Chief of Police. The Chief of Police shall cause an investigation to be made of the applicant, and shall within 30 days from the date of filing the application, report his/her findings and render his/her decision in writing and file the same with the City Clerk. If the Chief of Police does not make all of the findings required under Section 5.36.020, of if the report of the Chief of Police finds:

1. That the ambulance(s), or its equipment, proposed to be operated is inadequate or unsafe.

2. That the applicant has been convicted of a felony or the violation of a narcotic law, or of any penal law involving moral turpitude, or during the previous 60 days of any provision of the ordinances of the City or law relating to traffic or use of streets in the City;

3. That the proposed color scheme or characteristic insignia will tend to confuse the identification of the vehicles proposed to be operated with those of another operator operating in the City; or

4. That the name under which the applicant proposes to operate will tend to cause confusion with that of another owner operating in the City, then the application shall be denied.

B. It is provided, however, that in any such event, the applicant may, within 10 days from the date of posting notice of the Chief of Police's decision by the City Clerk, file in writing with the City Clerk an appeal to the City Council from the denial. In which case, at its next regular meeting, following the filing of the appeal, the City Council shall hear the appeal by the applicant, consider the written report and decision of the Chief of Police and such other material evidence as may be presented. After due consideration, the City Council shall by resolution determine whether or not such application shall be granted or denied.

C. If, however, the Chief of Police grants the application, any citizen of the City may, likewise within said 10 day period file in writing with the City Clerk, objections to the granting of the application; then, at its next regular meeting after the filing, the City Council shall review the application, the report and decision of the Chief of Police, the objections filed, and such other material evidence as may be presented. After due consideration, the City Council shall, by resolution, determine whether or not the application shall be granted or denied.

D. If no appeal of the Chief of Police's granting of the permit is taken, or if an appeal is taken of the Chief of Police's decision to the City Council and the City Council grants the permit, the applicant shall be issued the necessary permits.

E. Within two days after the filing of the Chief of Police's decision with the City Clerk, the City Clerk shall post on the bulletin board at the City Hall, notice of the Chief of Police's decision and the right of any person dissatisfied therewith to appeal same to the City Council within ten days.

(Prior code § 6602(c); Ord. 1097 C.S. § 3, 1987)

The City Council may, by resolution, and after 10 days' written notice to an owner, and a public hearing at a regular meeting thereof following the notice, suspend or revoke an owner's permit (1) for any of the grounds specified as grounds for denial as set forth in Section 5.36.050 of this chapter, (2) in the event of a violation of any of the provisions of this chapter, or (3) for a failure to pay any judgment for damages arising from the operation of the applicant's ambulances, or any of them, for which the permit was issued.

(Ord. 1097 C.S. § 4, 1987)

A. Any person holding a permit to operate one or more ambulances as provided in this chapter, who desires to add to the number of such vehicles, shall do so only upon obtaining a permit therefor, which shall be granted only upon application made in the same manner and under the same proceedings as are required in this chapter in the instance of obtaining the original permit.

B. Any person holding a permit to operate one or more ambulances, as provided in this chapter, who desires to substitute a different vehicle for a vehicle operated under such permit, shall do so only upon obtaining a permit therefor, which shall be granted only upon application made in the same manner and under the same proceedings as are required in this chapter in the instance of obtaining the original permit, a temporary permit shall be issued to make a substitution, provided the written application has been filed, which temporary permit shall be valid only until the Chief of Police renders his/her written decision. The Chief of Police shall have the same authority in granting or denying the application for permission to add to or substitute as is herein in this chapter vested in him/her, in the matter of the original application when presented to him/her, and shall be a written decision, grant or deny the petition as she/he may determine advisable after due consideration of the application.

(Ord. 1097 C.S. § 5, 1987)

No person to whom a permit has been issued hereunder to engage in the ambulance business within the City shall charge for ambulance service within the City any amount in excess of the schedule of ambulance service charges set forth in such permittee's application without first obtaining a written authorization from the City Manager to do so.

(Prior code § 6602(d))

All permits hereafter issued shall expire on the 30th day of June next following date of issuance of such permit. Applications for permits to become effective on the 1st day of July of any year may be made at any time during the 60 days prior to such date.

(Prior code § 6602(e))

A. No person shall operate or permit to be operated any ambulance within the City unless there is in full force and effect at all times a policy of insurance insuring such ambulance, in a company authorized to do business in the State, insuring such person against loss by reason of injury or damage that may result to any person or to property by the operation of such ambulance; the policy of insurance shall be limited to not less than $1,000,000.00 per occurrence, combined single limit liability for bodily injury or death; and the insurance policy shall name the City as a co-insured to the extent of any insurable interest, obligation or risk; shall be primary insurance; and shall contain cross-liability and waiver of subrogation clauses.

B. Such policy of insurance shall also provide insurance to the extent of $500,000 for damage to or destruction of any property of third persons; and the policy of insurance shall provide that it shall not be cancelled except upon 30 days' prior written notice to the City Manager; and a certificate of insurance showing compliance with this Section shall be filed in the office of the City Clerk and approved by the City Attorney.

(Prior code § 6603; Ord. 1097 C.S. § 6, 1987)

It is unlawful to drive or operate any ambulance in the City, unless the owner thereof has obtained an insurance policy or policies as provided in this chapter. In the event, during the term of a permit issued hereunder, such liability insurance policy so filed becomes ineffective by reason of its expiration or cancellation, or the corporation issuing the same becomes irresponsible or insolvent, the owner shall obtain a new policy or policies meeting the foregoing requirements to replace the ineffective policy, and file certificate thereof with the City Clerk, as aforesaid. The City Council may at any time require an owner to replace any such policy within 10 days from the date of notice requiring the same, with a policy and certificate thereof, both in accordance with the provisions of this chapter, then, at the termination of 10 days, the owner's permit for the ambulance covered by such policy, shall be, by such failure, automatically suspended until such time as the requirement is complied with.

(Ord. 1097 C.S. § 7, 1987)

Each certificate required under the provisions of this chapter shall certify that the issuer thereof has issued an insurance policy or policies insuring the owner named in the certificate, and that each of the policies contains each of the provisions required to be therein as provided by this chapter. Each of the certificates shall be conclusive evidence against the issuer thereof that its contents are true and correct. All such certificates shall be subject to the approval of the City Attorney.

(Ord. 1097 C.S. § 8, 1987)

Prior to issuance of any permit to operate a private ambulance within the City, the Chief of Police shall obtain from the person to be issued the permit an agreement, in a form approved by the City Attorney, indemnifying and holding harmless the City from any loss or liability arising out of that person's operation of the ambulance or conduct of such ambulance business.

(Ord. 1097 C.S. § 9, 1987)