Modesto Municipal Code Ch. 8 Licensing and Regulation of Ambulances

Ambulance means any privately owned vehicle equipped or used for transporting those who are wounded, injured, or sick, and shall include, but is not restricted to, emergency vehicles used for such purposes.

(Added by Ord. 132-C.S., effective 1-3-57)

No person shall engage in the business of operating an ambulance upon the streets of the City without first obtaining a license as provided in this chapter and paying the business license fees provided in Title 6.

(Added by Ordinance 132-C.S., effective 1-3-57)

An applicant for an ambulance operator's permit shall file his application with the Director of Finance, which application shall be signed and verified by the applicant, and accompanied by the fee required and shall set forth the following:

(1) Name, business, and residence address of the applicant;

(2) The fictitious name, if any, under which said applicant does business and proposes to do business;

(3) The number, type, age, condition and patient capacity of each ambulance proposed to be operated by the applicant, stating the make, year of manufacture and special equipment installed or proposed to be installed in each such ambulance and whether such ambulances are or will be operated as authorized emergency vehicles;

(4) The color scheme, insignia, name, monogram or other distinguishing characteristics to be used to designate the private ambulance or private ambulances of the applicant;

(5) The schedule of rates proposed to be charged for ambulance service;

(6) The experience of the applicant in the transportation and care of wounded, injured, and sick persons;

(7) The financial status of the applicant, including the amounts of unpaid judgments against the applicant and the nature of the transaction or acts giving rise to said judgments; and

(8) Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a permit and such other information as the Council may require.

(Added by Ord. 132-C.S., as amended by Ord. 465-C.S., effective 6-27-61)

An application as required by this chapter shall be accompanied by a filing fee of Five and no/100ths ($5.00) Dollars for one private ambulance and Two and 50/100ths ($2.50) Dollars for each additional private ambulance for which application for a license is made, to cover administrative and other costs incident to such application.

(Added by Ord. 132-C.S., effective 1-3-57)

No certificate shall be granted until the Council shall, after hearing, declare by resolution that the public convenience and necessity require the proposed ambulance service.

(Added by Ord. 132-C.S., as amended by Ord. 465-C.S., effective 6-27-61)

In determining whether the public convenience and necessity require the operation of an ambulance service for which application is made, the Council shall hold such public hearing as may be necessary to determine that fact.

(Added by Ord. 465-C.S., effective 6-27-61)

Upon the filing of a fully completed application for the permit to engage in the business of operating an ambulance, the City Clerk shall fix a time for a public hearing thereon before the Council for the purpose of determining whether the public convenience and necessity require the proposed service. Before any application is acted upon by the Council, the City Manager shall cause the Chief of Police to make an investigation and shall report his findings, in writing, to the Council on those matters set forth in Section 3-8.05.4 hereof. No permit shall be granted until the Council shall, after investigation and hearing, declare by resolution that the public convenience and necessity require the proposed service and that the same will promote the convenience, safety and welfare of the general public.

(Added by Ord. 465-C.S., effective 6-27-61)

Written notice of such hearing shall be given to all persons to whom permits for operation of ambulances have been theretofore issued. Due notice of the time and place of the public hearing before the City Council shall also be given to the general public by causing a notice of such hearing to be published in a newspaper of general circulation of the City at least ten (10) days before the hearing.

(Added by Ord. 465-C.S., effective 6-27-61)

Upon completing its investigation and hearing, the Council shall grant the applicant a permit if it finds:

(1) That the vehicles described in the application and proposed to be used are adequate and safe for the purpose of carrying or transporting wounded, injured or sick persons;

(2) That the color scheme, insignia, name, monogram or other distinguishing characteristics proposed to be used upon such ambulance or ambulances is not in conflict with and does not imitate any color scheme, insignia, name, monogram or other distinguishing characteristics used by any other person, in such manner as to mislead or tend to mislead, deceive, or defraud the public; and

(3) That further ambulance service in the City is required by the public convenience and necessity and that the applicant is fit, willing and able to perform ambulance service and to conform to the provisions of this chapter, and such rules and regulations as may be promulgated by the Council. In making such findings, the Council shall take into consideration the number of ambulances already in operation, whether existing ambulance service is adequate to meet the public need, the probable effect of increased ambulance service on local traffic conditions, and the character, experience and responsibility of the applicant.

(Added by Ord. 465-C.S., effective 6-27-61)

If the Council, by resolution, shall find and declare that the public convenience and necessity require the proposed ambulance service or will admit additional ambulance service, a permit to that effect shall be issued to the person or persons entitled thereto by having complied with the requirements of this chapter and all the requirements of this chapter having been met; and the Council in its discretion shall determine the total number of ambulances which may be operated under such permit. The permit when issued shall state the name and address of the applicant, the number of ambulances that may be operated under said permit, and the date of issuance thereof. No permit authorized hereunder shall be issued to any person who shall not have fully complied with all the requirements of this chapter.

(Added by Ord. 465-C.S., effective 6-27-61)

Each ambulance operator to whom the Council has issued a Certificate of Public Convenience and Necessity shall cause an authenticated copy of the certificate to be posted on the dashboard of the ambulance in a position clearly visible, or in some other area approved by the Council.

(Added by Ord. 465-C.S., effective 6-27-61)

Each ambulance operator permittee shall provide the Finance Director with evidence of insurance coverage in the amount and form as approved by the City's Risk Manager. Such amounts shall be set forth from time to time by resolution of the City Council.

(Added by Ord. 132-C.S., amended by Ord. 2897-C.S., § 1, and Ord. 3416-C.S., § 1, effective 10-5-06)

No license for the operation of an ambulance may be sold, assigned, mortgaged, or otherwise transferred without the consent of the Council.

Application for transfer of any license for an ambulance shall be subject to the same terms, conditions, and requirements as is the application for an original license.

(Added by Ord. 132-C.S., amended by Ord. 465-C.S., effective 6-27-61)

The Council may at any time revoke, suspend or change a permit granted the ambulance operator after proper notice to and opportunity of hearing given to the owner thereof if he fails to operate an ambulance authorized hereunder in accordance with the provisions of this chapter as now constituted or as the same may be hereafter amended.

(Added by Ord. 465-C.S., effective 6-27-61)

All permits which have been suspended or revoked by the Council shall be surrendered to the City Clerk, and the operation of all ambulances covered by such permits shall cease; and the continued operation thereof shall thereafter constitute a violation of this chapter.

(Added by Ord. 465-C.S., effective 6-27-61)

(a) Prior Inspection - Equipment Required. Prior to the initial use and operation of any vehicle as an ambulance, said vehicle and the premises from which it is to be operated shall be thoroughly examined and inspected by the Health Officer for safety and sanitation and thereafter its licensee shall be required to comply with such reasonable rules and regulations relating to safety and sanitation as may be prescribed by the Health Officer. Such rules and regulations shall specify among other things such safety and sanitary equipment and regulatory devices as the Health Officer shall deem necessary.

(b) Periodic Inspections. Every ambulance, as well as the premises from which it is operated, shall be periodically inspected by the Health Officer and Chief of Police at such times as shall be designated by them.

(c) Unsafe Ambulances. No ambulance which is unsafe or in any way unsuitable for ambulance service shall be operated.

(Ord. 132-C.S., amended by Ord. 1170-C.S., effective 2-16-72)

(Repealed by Ord. 465-C.S., § 15, effective 6-27-61)

Any person holding a license to operate one (1) or more ambulances as provided in this chapter, who desires to add to the number of such vehicles, shall do so only by obtaining a license therefor from the Council, which shall be granted only upon application made in the same manner and under the same proceedings as are required in the instance of obtaining the original license as required by this chapter.

(Added by Ord. 132-C.S., amended by Ord. 465-C.S., effective 6-27-61)

Any person holding a license to operate one (1) or more ambulances as provided in this chapter, who desires to substitute a different vehicle for a vehicle operated under such license, shall do so only upon obtaining from the Chief of Police permission therefor, which shall be granted only upon written application setting forth the particulars of such proposed substitution, and upon otherwise complying with the requirements of this chapter.

(Added by Ord. 132-C.S., amended by Ord. 465-C.S., effective 6-27-61)

No person shall operate an ambulance upon the streets of the City, and no license for operation of an ambulance shall permit it to be so driven at any time, for hire, unless the driver of said ambulance shall have first obtained and shall have then in force a current valid Class 3 driver's license issued by the State of California.

(Added by Ord. 132-C.S., amended by Ord. 1671-C.S., § 1, effective 12-21-77)

No person shall drive or serve as an attendant of an ambulance licensed under this chapter without first obtaining a permit in writing to do so from the Chief of Police.

(Added by Ord. 132-C.S., effective 1-3-57)

Applications for permits under Section 3-8.13 shall be made upon blank forms furnished by the City and shall contain:

(a) A statement giving applicant's full name, present residence address, and any other residence address during the past year;

(b) Age, sex, marital status, weight, height, color of eyes and hair, whether or not the applicant has ever been convicted of a felony misdemeanor, giving particulars of each such convictions; and

(c) Whether applicant has previously been licensed as a driver, chauffeur, or attendant, and, if so, when and where, and whether his license has ever been revoked or suspended and for what cause.

(Added by Ord. 132-C.S., effective 1-3-57)

The Police Department shall conduct an investigation of each applicant for a driver's and attendant's permit and a report of such investigation and a copy of the traffic and police record of the applicant, if any, shall be attached to the application.

(Added by Ord. 333-C.S., effective 10-8-59)

The Chief of Police upon consideration of the application and the reports and certificate required to be attached thereto shall approve or reject the application in accordance with the provisions of Section 3-8.16. If the application is rejected, the applicant may request a personal appearance before the Council to offer evidence why his application should be reconsidered.

(Added by Ord. 333-C.S., effective 10-8-59)

Applicants for drivers' and attendants' permits shall pay to the Director of Finance a fee of three dollars ($3.00) for each application. A copy of the receipt for fees paid shall be filed with the Chief of Police.

(Added by Ord. 132-C.S., effective 1-3-57)

(a) The Chief of Police shall issue a permit when he finds that the applicant:

(1) For a driver's permit is of the age of eighteen (18) years or over;

(2) For an attendant's permit is of the age of eighteen (18) years or over;

(3) Is morally fit for the position;

(4) Is able to speak, read and write the English language;

(5) Has minimum first-aid training as required by the Chief of Police in accordance with current accepted standards for ambulance drivers and attendants; and

(6) Has complied with the requirements of this chapter and all other governing laws and ordinances.

(b) No permit shall be issued to any of the following persons:

(1) Any person who has been convicted of a crime involving moral turpitude, use or possession of narcotics, or for operating a vehicle under the influence of intoxicating liquor within the five (5) years immediately preceding application for a permit; or

(2) Any person employed by a funeral home.

(Ord. 132-C.S., amended by Ord. 333-C.S., and Ord. 1358-C.S., effective 6-12-74)

The permit shall be in the form of a card which shall bear the signature, photograph, and fingerprints of the applicant. Such card shall be issued in duplicate, and one copy with the fingerprints, photograph and signature of the applicant shall be placed on file with the Chief of Police. The other card shall be carried on the person of the permittee at all times while driving or serving as an attendant of an ambulance.

(Added by Ord. 132-C.S., effective 1-3-57)

The Chief of Police may revoke any permit issued by him when, in his opinion, the permittee is unfit to serve as an attendant or driver of an ambulance under the qualifications prescribed in this chapter.

(Added by Ord. 132-C.S., effective 1-3-57)

The City Council, after a public hearing, may revoke any license granted pursuant to this chapter on any one or more of the following grounds:

(a) That the license was obtained by fraud or misrepresentation;

(b) That the licensee has failed to operate an ambulance in accordance with the provisions and requirements of this chapter;

(c) That the Council finds that the licensee's past record is unsatisfactory; or

(d) That the license has ceased to operate any ambulance for a period of thirty (30) consecutive days without having obtained permission for cessation of such operation from the Council.

(Added by Ord. 132-C.S., effective 1-3-57)

The provisions of this chapter shall be deemed as supplemental to the provisions of Title 6 relating to the business license tax and any other pertinent laws or ordinances of the City.

(Added by Ord. 132-C.S., effective 1-3-57)

Each person operating a licensed ambulance business in the City on June 1, 1961, shall automatically be granted a Certificate of Public Convenience and Necessity to operate an ambulance business within the City for the number of ambulances then being operated within the City.

(Added by Ord. 465-C.S., effective 6-27-61)