Montclair Municipal Code Ch. 4.16 Ambulances

A. Required. It is unlawful for any public or private agency or any person, either as owner or agent, to operate, conduct, or otherwise engage in the business or service of the transportation of patients upon the streets, or any public way or place without complying with State, County, and local regulations and without possessing a valid permit to do so from the City.

B. Exceptions. The permit provisions of this chapter shall not apply to ambulances operated for or by any agent or agency of the United States government, the State of California, or any government agency authorized by the local EMS agency.

(Ord. 99-791 Exh. A (part); prior code § 4-7.02)

Ambulance permit application fees shall be established by the City Council in the Business License Fee resolution. It is provided, however, that the City Treasurer may adjust fees in a manner consistent with the provisions of this chapter or the laws of the State of California Such fee adjustments shall be established to aid in the administration of this chapter. Fee adjustments shall be incorporated into the body of rules, regulations and fee adjustments known collectively as the "City of Montclair Business License Policies and Procedures" and shall be placed in written form and approved by the City Manager before becoming effective. All permits shall be issued to expire on June 30th each year. Permit fees shall not be prorated. Permit fees may be waived by the City Council if required by public need and convenience.

(Ord. 99-791 Exh. A (part); prior code § 4-7.03, 1999)

Applicants for permits or the renewal of permits required by this chapter shall file with the City Manager an application in writing on a form furnished by the City, which shall set forth the following information:

A. The applicant's name;

B. The business address and residence address of the applicant,

C. The trade, firm name, or d.b.a. as recorded of the company applying for a permit;

D. If a corporation, joint venture, partnership, or a limited partnership, the names of all partners or corporate officers, their addresses, and their percentages of participation or ownership in the business;

E. A statement of facts showing the experience of the applicant(s) in the operation of an ambulance service and a statement that the applicant(s) is (are) qualified to render efficient ambulance service. A photocopy of the license issued by the Commissioner of the California Highway Patrol to privately owned ambulance companies (in accordance with Section 2501 of the Vehicle Code of the State) shall be attached to the application;

F. A statement that the applicant operates an ambulance or ambulance fleet that is in good mechanical condition, possesses the required equipment to adequately conduct an ambulance service in the City and owns, or has access to, suitable facilities for maintaining all such equipment and vehicles under the control of the applicant in a clean and sanitary condition;

G. A list of all ambulance vehicles operated by the applicant, including each Vehicle Identification Number (VIN), general description, patient capacity, and a copy of its most recent Ambulance Inspection Report issued by the California Highway Patrol shall be attached to the application. This list shall be amended, as required, during the year to reflect any changes, substitutions or additions to the applicant's ambulance fleet;

H. An affirmation that each ambulance operated by the applicant and its appurtenances conform to all applicable provisions of this chapter, the California Vehicle Code and the California Administrative Code;

I. A statement that the applicant employs sufficient personnel adequately trained in accordance with the California Health and Safety Code and the requirements of the local EMS agency to deliver ambulance services of good quality at all times in the applicant's service area;

J. A list giving a description of the EMT training for each employee in the applicant's ambulance operations and a copy of each certificate or license issued by the State or County establishing the qualifications of such personnel. This list shall be amended, as required, during the year to reflect any employee changes, substitution or additions;

K. A schedule of all proposed rates to be charged by the applicant for ambulance services provided under this chapter;

L. A statement that shows to the satisfaction of the City that the local County Health Officer or local EMS agency has properly designated the applicant as a primary or secondary service provider of emergency medical services for the City and any surrounding communities in compliance with exclusive operating-area assignments provided for by the County Health Officer or local EMS agency. If the County Health Officer or local EMS agency issues a certificate to an applicant regarding the applicant's designation as a provider of ambulance services for the exclusive operating area that includes the City, such certificate shall be attached to the application;

M. A statement signed by the applicant or person with legal authority to speak for the applicant that, as a condition of the City issuing a permit to provide ambulance services, the applicant agrees to appear and defend all actions against the City arising out of the exercise of such permit; that the applicant, shall indemnify and hold the City, its officers, employees and agents harmless of and from all claims, demands, actions, or causes of action of every kind and description resulting directly or indirectly, arising out of, or in any way connected with the exercise of the permit; and that the applicant shall provide the City with evidence of the same;

N. Such other facts or information as required by the City Manager.

(Ord. 99-791 Exh. A (part); prior code § 4-7.04)

A. Duty to Investigate. Upon the receipt of a completed application, the City Manager shall evaluate the qualifications of the applicant to determine compliance with State and County requirements.

B. Issuance. The City Manager or designated representative shall issue a permit to the applicant to provide ambulance service upon finding that the applicant satisfactorily completed the permit application process and that the applicant meets all the requirements of this chapter.

C. Denial. If it is determined that the applicant does not properly comply with State and County requirements, the City Manager shall formally notify the Count Health Officer or the local EMS agency of the unsuitability of the applicant to provide ambulance services in the City. The City Manager shall request the County Health Officer or local EMS agency to require the applicant to satisfactorily address the deficiencies identified in the evaluation, or designate an alternate ambulance provider to serve as the City's primary or secondary service provider, as appropriate. In the event that the County Health Officer or local EMS agency is unable to obtain compliance from the applicant, or designate an alternate primary provider of ambulance services, the City Council may direct the City Manager to apply to the County Health Officer or local EMS agency to designate the City as the primary provider for ambulance services and, if necessary and appropriate. designate the City as the primary transporter of patients.

(Ord. 99-791 Exh. A (part); prior code § 4-7.05)

A. Each ambulance service provider permitted under this chapter shall obtain and keep in force during the term of the permit general liability insurance issued by a company authorized to do business in California, insuring the owner and also naming the City and its officers, employees and agents as additional insureds against loss by reason of injury or damage that may be inflicted upon persons or property from routine or negligent operation, defective construction or maintenance of any ambulance, or any equipment used in connection therewith; from violations of this chapter or of any other law or regulation of the United States, State of California, or County government; or from any other cause. Such policy shall be in the sum of not less than Two Million (2,000,000) Dollars for personal injury to or death of any one person in any single occurrence, and the limits shall not be less than One Hundred Thousand (100,000) Dollars for damage to or destruction of property in any one occurrence. Workers' Compensation Insurance shall be carried covering all employees of the permit holder. Before the City Manager shall issue a permit, copies of general liability insurance policies and their "hold harmless" provisions, or certificates evidencing such policies and provisions, shall be filed with the City Manager. All policies shall contain a provision requiring a 30-day written notice to be given to the City prior to cancellation, nonrenewal, modification, or reduction of limits. The amounts of public liability insurance for bodily injury, property damage and personal injury shall be subject to periodic review and adjustment by the City Council. It is provided, however, that the City Manager may adjust liability insurance requirements in a manner consistent with the provisions of this chapter or the laws of the State of California. Such adjustments shall be established to protect the City and residents and aid in the administration of this chapter. Insurance liability adjustments shall be incorporated into the body of rules, regulations, and fee adjustments known collectively as the "City of Montclair Business License Policies and Procedures" and shall be placed in written form and approved by the City Manager before becoming effective.

B. Exceptions. Except as otherwise specified in any agreement for ambulance services, ambulance services operated by the County, municipalities, board-governed special districts, or other self-governing districts shall be exempt from the insurance requirements of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 4-7.06)

Permit shall be renewed annually by the City Manager upon submission of an application by the permit hodler and upon the City Manager's satisfactory evaluation of the permit application, and provided that the applicant meets all the requirements of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 4-7.07)

A. The City Manager, after conducting an evaluation of the permittee's application, shall immediately inform the County Health Officer or the local EMS agency of the permittee's failure to satisfactorily comply with applicable State, County and City regulations and requirements. The City Manager shall request the County Health Officer or local EMS agency to require the permittee to satisfactorily address the deficiencies identified in the evaluation or designate an alternate ambulance provider to serve as the City's primary or secondary service provider. In the event that the County Health Officer or local EMS agency is unable to obtain compliance from the permittee or designate an alternate primary provider of ambulance services, the City Council may direct the City Manager to apply to the County Health Officer or local EMS agency to designate the City as the primary responder for ambulance services and, if necessary and appropriate, designate the City as the primary transporter of patients.

B. Indicators of noncompliance may include:

1. Violations of an section of this chapter or any rules or regulations of the State, County or City which relate to the permittee's activities;

2. Felony convictions, misdemeanor convictions involving moral turpitude, or convictions related to the sale or transportation of illegal narcotics;

3. Falsification or misrepresentation of material information on the permit application;

4. Acts of dishonesty, fraud or deceit committed against the public during the conduct of business authorized under the permit;

5. Charging ambulance service rates greater than rates established by City Council resolution;

6. Failure to maintain and keep records regarding business transactions and activities in the City, and failure to make such records available to the City upon demand for inspection by the City Manager, and failure to maintain and keep such records for a period of three years after the completion of any business transaction or activity in the City to which the records refer;

7. Failure to accept an emergency call when the permittee is able to provide the requested service and/or failure to advise or inform the person making the emergency call that the permittee will not respond to the request for service.

8. Accepting an emergency call when the permittee is unable or unwilling to provide the requested service and/or failure to advise or inform the person making the emergency call of any delay in service.

9. Failure to provide adequate or proper care for or transportation for a patient.

10. Interfering with calls for service not directed to the permittee.

(Ord. 99-791 Exh. A (part); prior code § 4-7.08, 1999)

In the event of a change in ownership of any kind or nature, any interruption of service, or any substantial change in staffing or equipment of the ambulance service which causes the ambulance service to be carried out differently than specified in State, County or City regulations and requirements, the permittee shall notify the City immediately, stating the facts of such change. If the City Manager determines that such change is not in substantial compliance with State, County and City regulations and requirements, the City Manager shall immediately submit a formal request to the County Health Officer or local EMS agency to designate an alternate ambulance service provider. In all cases when a change of ownership occurs in an ambulance service, an application for a new permit shall be filed with the City within 30 days.

(Ord. 99-791 Exh. A (part); prior code § 4-7.08.1)

In compliance with the County emergency medical system and emergency medical plan, each permittee designated as an ambulance provider within the exclusive operating area for the City shall provide basic life support or advanced life support services, as required by the local EMS agency on a continuous 24-hour per day basis. If for any reason a permittee stops basic life support or advanced life support service on a continuous 24-hour per day basis, the permittee shall immediately notify the City.

(Ord. 99-791 Exh. A (part); prior code § 4-7.10)

A. Each permittee shall establish and maintain the capability of making radio contact between its base station and each ambulance unit, base station hospital, or base hospital physician as provided by the local EMS agency, City police and fire dispatch services, and any other agency as required by the local EMS agency. During a dispatch and response by an ambulance unit, the ambulance's base station shall be able to make immediate ratio contact with the ambulance unit, base station hospital or base hospital physician, City police and fire dispatch services, and any other agency as required by the local EMS agency.

B. Each permittee receiving a request for emergency ambulance services from a source other than the Montclair Police Department indicating a reasonable belief that aid or assistance is requested in the event of a traffic accident, gunshot or knife wound, or other intentionally inflicted injury, drug overdose, or other call of a similar nature, shall immediately relay the information received to the Montclair Police Department.

(Ord. 99-791 Exh. A (part); prior code § 4-7.11)

Upon receiving a call for emergency medical services, the permittee shall dispatch an ambulance immediately. Dispatch and response protocols for ambulances responding to emergency medical service calls shall be in accordance with those protocols established by the County Health Officer and/or the local EMS plan.

(Ord. 99-791 Exh. A (part); prior code § 4-7.12)

It is unlawful for a permittee to dispatch an ambulance as a result of monitoring or hearing police or fire radio communications. An emergency response shall be upon the request of a law enforcement or other governmental agency having jurisdiction or upon the request of any person calling for emergency ambulance service. The permittee shall allow the City Manager to examine company records to verify the origin of emergency medical service calls.

(Ord. 99-791 Exh. A (part); prior code § 4-7.13)

Ambulances shall be maintained at all times in good mechanical repair and in a clean and sanitary condition.

A. Minimum Equipment. All ambulances shall be equipped with all safety and emergency equipment required for ambulances by the California Vehicle Code, the California Health and Safety Code, the County Health Officer, the County emergency medical services system, and rules and regulations of the City.

B. Advanced Life Support Ambulances. In addition to the equipment and supplies required to be carried on basic life support ambulances, advanced life support ambulances shall be equipped with and as required by the rules and regulations of the State, County and City.

C. Maintenance of Emergency Equipment and Supplies. Medical supplies and equipment used for the care and treatment of patients shall be protected so that they are sterile when ready for use. Provisions shall be made to ensure autoclaving or resterilization of emergency equipment when required.

(Ord. 99-791 Exh. A (part); prior code § 4-7.14)

A. Ambulance Drivers. Every person who operates an ambulance within the City while responding to an emergency call shall be at least 18 years of age; hold a valid California Driver's License; and possess a valid ambulance driver's certificate pursuant to Section 2512 of the California Vehicle Code. Ambulance driver certificates shall not be required for persons who operate ambulances in the line of duty as regular full-time employees of State, County or City law enforcement agencies or fire departments. The driver shall be trained and competent in the proper use of all emergency equipment as required by the local EMS agency and the emergency medical services system. If required by the local EMS agency, the driver shall hold a valid certificate as an Emergency Medical Technician-I (EMT-I) or EMT II. EMT certificates shall be issued by the County Health Officer or local EMS agency, and shall be in compliance with provisions of the Emergency Medical Services Authority and emergency medical services system.

B. Ambulance Attendants. An ambulance attendant shall be at least 18 years of age, shall be trained and competent in the proper use of all emergency equipment as required by the local EMS agency and the emergency medical services system. The attendant shall also hold a valid certificate as an Emergency Medical Technician-II (EMT-II). If the vehicle being used is provided by the City's primary ambulance provider, at least one attendant shall hold a certificate as an Emergency Medical Technician-P (EMT-P). EMT certificates shall be issued by the County Health Officer or local EMS agency and shall be in compliance with provisions of the Emergency Medical Services Authority and emergency medical services system.

C. Ambulance Attendants Required. Both a driver and an attendant, as those individuals are designated in this section, shall staff each ambulance operating within the City in response to an emergency. The attendant of an ambulance responding to an emergency shall occupy the patient compartment while transporting any person in apparent need of medical attention.

D. Exception. Except as otherwise required by the Emergency Medical Authority, the local EMS agency, or the emergency medical services system, this section shall not apply during any state of emergency as declared by the County Health Officer or Director of EMS or City emergency as declared by local government authorities.

(Ord. 99-791 Exh. A (part); prior code § 4-7.15)

No permittee shall charge more than the schedule of maximum rates that may be charged for ambulance service as shall be set by City Council resolution. The City Council shall set an ambulance rate resolution for hearing at a meeting subsequent to the meeting at which the proposed rates are submitted to the City Council. The City Council shall not adopt a schedule of maximum rates for ambulance services that is in excess of the maximum schedule of rates established by the County Health Officer. In the event that the maximum schedule of rates for ambulance services adopted by the County Health Officer drops below the maximum schedule of rates adopted by the City Council, the rates adopted by the County shall prevail. In the event that the maximum schedule of rates for ambulance services adopted by the County Health Officer exceed the maximum schedule of rates adopted by the City Council, the rates adopted by the City Council shall prevail.

(Ord. 99-791 Exh. A (part); prior code § 4-7.16)

During any "state of emergency" or "local emergency," as defined in the California Government Code, each permittee shall provide equipment, facilities, and personnel as required by local authorities whenever the City's local Emergency Plan is activated.

(Ord. 99-791 Exh. A (part); prior code § 4-7.17)

Any user or subscriber to an ambulance service contending that he/she has been required to pay an excessive charge for service or that he/she has received inadequate services may file a written complaint with the City Manager setting forth such allegations. The City Manager shall notify the ambulance service of such complaint and shall investigate the matter to determine the validity of the complaint. If the complaint is determined to be valid, the City Manager shall take reasonable and proper actions to secure compliance with the conditions of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 4-7.18)

Nothing in this chanter shall be deemed to render unlawful the conduct of any ambulance service permittee from advertising its service to the public. Each permittee who disseminates printed advertising in any form shall comply with City rules and regulations related to the distribution of advertising material and specifically identify that the advertising is promulgated by the permittee. The permittee shall not identify the City or any agency of the City in its advertising or represent itself as an agent of the City.

(Ord. 99-791 Exh. A (part); prior code § 4-7.19)

The City Manager shall make all necessary and reasonable rules and regulations necessary for the effective administration of this chapter. Such rules and regulations shall be in compliance with State and County rules and regulations and shall be established to clarify provisions of this chanter or aid in their enforcement. The body of such rules and regulations shall be incorporated into and known collectively as the "City of Montclair Business License Policies and Procedures" and shall be placed in written form and approved by the City Manager before becoming effective.

(Ord. 99-791 Exh. A (part); prior code § 4-7.20)