Modesto Municipal Code Ch. 9 Licensing and Regulation of Nonemergency Transport

(a) "Nonemergency transport" means any nonemergency transport by a privately owned commercial vehicle, including transport by ambulances or other vehicles providing nonemergency services and/or wheelchair transfer and nonemergency transport by an emergency transport ambulance or other vehicle.

(b) "Nonemergency" means the routine or scheduled transportation of a nonemergency patient where time is not critical, and the request is not made in response to a sudden need for medical attention or advanced life support as defined in California Health and Safety Code Section 1797.52.

(Added by Ord. 2928-C.S., § 1, effective 11-10-94)

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

(Added by Ord. 2928-C.S., § 1, effective 11-10-94)

An applicant for a nonemergency transport permit shall file his or her application with the Finance Director, or the Director's designee, on a form to be provided by the Finance Director. The application shall be signed and verified by the applicant and accompanied by the fee required and shall set forth the following:

(a) Name, business, and residence address of the applicant.

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

(c) The number, type, age, condition and patient capacity of each nonemergency transport vehicle, including each emergency transport vehicle used for nonemergency transport, proposed to be operated by the applicant, stating the make, year of manufacture, vehicle identification number and special equipment installed or proposed to be installed in each such nonemergency transport vehicle.

(d) The color scheme, insignia, name, monogram or other distinguishing characteristics to be used to designate the applicant's nonemergency transport vehicle(s).

(e) Proof of current, valid California Highway Patrol ambulance equipment/vehicle certification or safety inspection certificate for each vehicle covered by the permit.

(f) Proof of two way radio communications with a link to emergency response in each nonemergency transport vehicle covered by the permit.

(g) The experience of the applicant in the transportation and care of injured and sick persons, including evidence of certification as an emergency medical service provider in Stanislaus County, if applicable.

(h) A list of every person who will be operating a nonemergency transport vehicle under this permit, which shall include the following information for each person listed:

(1) The name, including all aliases, by which the person is or has ever been known.

(2) The person's present residence address and the residence addresses and dates thereof for the three (3) years immediately preceding the date of the application.

(3) Proof of current, valid California Drivers License with appropriate Class certification to operate the nonemergency transport vehicle(s) for which the permit is being requested.

(4) The person's social security number, if any.

(5) Proof of current, valid ambulance driver certification issued by the California Department of Motor Vehicles.

(6) Proof of current, valid emergency medical technician certification, Level 1 or higher, or Level 1A or higher if a proposed nonemergency transport vehicle is an ambulance, or medical license.

(7) Whether the person has ever been convicted of:

(aa) An offense involving conduct which requires registration pursuant to Section 290 of the Penal Code.

(ab) An offense involving the use of force and violence upon the person of another that amounts to a felony.

(ac) An offense involving sexual misconduct with children.

(ad) An offense involving theft of property.

(ae) An offense as defined in California Penal Code Sections 311, 315, 316, 318, 266, 266a, 266b, 266d, 266e, 266f, 266g, 266h, 266i, 647 subdivision (a) 647 subdivision (b), 647 subdivision (d), or 647a, or as these Sections may hereafter be amended or renumbered.

(af) Any offense requiring registration under the provisions of Section 11590 of the California Health and Safety Code; any felony offense involving the possession, possession for sale, transportation, furnishing, giving away of a controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code, or as those sections may hereafter be amended or renumbered.

(ag) Conspiracy to commit or an attempt to commit any of the aforesaid offenses.

(ah) The equivalent of any of the aforesaid offenses in a jurisdiction outside the State of California.

(i) Proof of liability insurance as required by Section 3-9.10 of this chapter.

(j) Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a permit.

(k) Addresses of all locations where any nonemergency transport vehicle is housed or posted between calls.

(l) Such other relevant information as may be required by the City Manager.

(Added by Ord. 2928-C.S., § 1, effective 11-10-94)

An application as required by this chapter shall be accompanied by a nonrefundable filing fee to cover administrative, investigative and other costs incident to such application. The amount of the filing fee shall be set by resolutions adopted by the City Council from time to time and on file in the offices of the City Clerk and Finance Director.

(Added by Ord. 2928-C.S., § 1, effective 11-10-94)

Upon the filing of a fully completed application for a permit, 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 Police Chief to make an investigation and shall report his findings in writing, to the Council on the following:

(a) The number, kind and type of equipment and the color scheme to be used.

(b) The appropriateness of the vehicles proposed to be used for carrying or transporting injured or sick persons.

(c) The ability, experience, and responsibility of the applicant, including any history of complaints filed against the applicant.

(d) Whether the proposed nonemergency transport service is required by the public convenience and necessity.

(Added by Ord. 2928-C.S., § 1, effective 11-10-94)

Written notice of such hearing shall be given by the City Clerk to all persons to whom permits for operation of nonemergency transport vehicles have been theretofore issued at least ten (10) days before the hearing. Due notice of the time and place of the public hearing before the City Council shall also be given by the City Clerk 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. 2928-C.S., § 1, effective 11-10-94)

A permit may be denied if:

(a) An applicant's vehicle/equipment do not receive CHP certification or lack required equipment.

(b) Any of the proposed nonemergency transport vehicle operators do not possess the certificates required by Section 9-9.03 of this chapter.

(c) If any of the proposed nonemergency transport vehicle operators:

(1) Have been convicted of any of the offenses listed in Section 3-9.03(h)(7) of this chapter or a crime involving narcotics.

(2) Have been convicted of driving a vehicle recklessly within the two (2) years immediately preceding application for the permit.

(3) Have been convicted of driving a vehicle while under the influence of intoxicating liquors within the five (5) years immediately preceding application for a permit.

(4) Does not possess a current, valid California driver's license with appropriate Class Certification to operate the nonemergency transport vehicle(s) for which the permit is being requested.

(5) Does not possess a current, valid ambulance driver certification issued by the California Department of Motor Vehicles.

(6) Does not possess a current, valid emergency medical technician certification, Level 1 or higher, or Level 1A or higher if a proposed nonemergency transport vehicle is an ambulance, or medical license.

(d) The applicant's color, scheme, insignia, name, monogram or other distinguishing characteristic conflicts with or imitates that of another person in a manner which may mislead or deceive the public.

(e) The applicant cannot provide evidence of insurance coverage as required by Section 3-9.10 of this chapter.

(f) The proposed nonemergency transport service is not required by the public convenience and necessity.

In the event that an application for a nonemergency transport permit is denied, Council shall set forth the specific factual grounds on which the denial is based. Denial of an application for a nonemergency transport permit by City Council constitutes a final decision.

(Added by Ord. 2928-C.S., § 1, effective 11-10-94)

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

(a) That the vehicles described in the application and proposed to be used are appropriate for the purpose of nonemergency transport.

(b) That the color scheme, insignia, name, monogram or other distinguishing characteristics proposed to be used upon such nonemergency transport vehicles is not in conflict with and do 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.

(c) That the applicant is fit, willing and able to perform nonemergency transport 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 character, experience, and responsibility of the applicant.

(d) That the proposed nonemergency transport service is required by the public convenience and necessity. In making such finding, the Council shall take into consideration the number of nonemergency transport vehicles already in operation, whether existing nonemergency transport service is adequate to meet public need, and the probable effect of increased nonemergency transport service on local traffic conditions.

(e) None of the factors enumerated in Section 3-9.07 of this chapter exist.

(Added by Ord. 2928-C.S., § 1, effective 11-10-94)

The Council, by resolution, may authorize a nonemergency transport permit 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 nonemergency transport vehicles which may be operated under such permit. The permit when issued shall state the name and address of the applicant, the number of nonemergency transport vehicles 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. 2928-C.S., § 1, effective 11-10-94)

Each person to whom a nonemergency transport permit has been issued shall cause an authenticated copy of the permit to be posted on the dashboard of each nonemergency transport vehicle for which the permit was issued in a position clearly visible or in some other area approved by the Police Chief.

(Added by Ord. 2928-C.S., § 1, effective 11-10-94)

Each permittee for the operation of nonemergency transport 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. 2928-C.S., § 1, amended by Ord. 3416-C.S., § 1, effective 10-5-06)

No permit for the operation of a nonemergency transport service may be sold, assigned, mortgaged, or otherwise transferred without the consent of the Council.

Applications for transfer of any permit for a nonemergency transport service shall be subject to the same terms, conditions, fees, and requirements as in the application for an original permit.

(Added by Ord. 2928-C.S., § 1, effective 11-10-94)

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

(Added by Ord. 2928-C.S., § 1, effective 11-10-94)

All permits which have been suspended or revoked by the Council shall be surrendered to the Police Chief and the operation of all nonemergency transport vehicles covered by such permits shall cease and the continued operation thereof shall thereafter constitute a violation of this chapter.

(Added by Ord. 2928-C.S., § 1, effective 11-10-94)

Should there be any sale, destruction, addition, replacement or material change in any nonemergency transport vehicle covered by the above-described permit, the permittee must apply to the police department within thirty (30) days of such change for an amendment of the permit. The amendment shall be granted upon receipt of written particulars concerning the change and proof that any new, substitute or materially altered vehicle meets the above-described requirements of this chapter.

(Added by Ord. 2928-C.S., § 1, effective 11-10-94)

Permittee shall ensure that the nonemergency transport service authorized hereunder is operated in accordance with the provisions of this chapter, that all personnel operating a nonemergency transport vehicle covered by the permit maintain all of the certifications required by Section 9-9.03 of this chapter, and that no personnel who have been convicted of any of the offenses listed in Section 3-9.06 of this chapter are allowed to operate any nonemergency transport vehicle covered by the permit.

In conjunction with its annual business license renewal pursuant to Title 6, the permittee shall submit a copy of current, valid California Highway Patrol ambulance equipment/vehicle certification or safety inspection certificate for each vehicle covered by the permit and an affidavit certifying under penalty of perjury that all personnel operating such vehicles are in compliance with the requirements of this chapter. In addition, the permittee shall review the last application made to the City under Section 3-9.03, and any supplements or amendments to such application, and report any changes in the factors listed in Section 3-9.03 in a form approved by the Finance Director or the Director's designee.

(Added by Ord. 2928-C.S., § 1, effective 11-10-94)

Each nonemergency transport vehicle shall bear a number on the outside of the vehicle at such places and of the type and design prescribed by the Police Chief, or the Police Chief's designee.

(Added by Ord. 2928-C.S., § 1, effective 11-10-94)

The Finance Director, or the Director's designee, is hereby authorized to examine, audit, and inspect such books and records of any permittee as may be necessary in the Director's judgment to ascertain whether such permittee is complying with the provisions of this chapter.

All permittees, applicants for permits, and persons engaged in business in the City are hereby required to permit an examination of such books and records for the purpose aforesaid. It shall be unlawful for any person to fail, neglect or refuse to produce such books and records for examination by the Director, or the Director's designee, when requested to do so.

(Added by Ord. 2928-C.S., § 1, effective 11-10-94)

Any person who has an active permit issued by the City of Modesto for operation of a limited ambulance as of the effective date of this chapter shall be entitled to a nonemergency transport permit without filing a new application with the City if, within sixty (60) days of the effective date of this chapter, he or she:

(a) Provides all of the information and documentation listed in Section 3-9.03 of this chapter to the Finance Director or the Director's designee in a form approved by the Director; and

(b) None of the factors enumerated in Section 3-9.07 of this chapter exist.

(Added by Ord. 2928-C.S., § 1, effective 11-10-94)

A violation of any provision of this chapter shall be punishable as a misdemeanor, or as provided under any remedy available at law.

(Added by Ord. 2928-C.S., § 1, effective 11-10-94)