Morgan Hill Municipal Code Ch. 5.08 Ambulances

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

A. "Ambulance" means any privately owned vehicle equipped or used for transporting the wounded, injured or sick and includes, but is not restricted to, emergency vehicles used for such purposes.

B. "Ambulance operator" means any natural person, firm, partnership, association, company, corporation or organization engaged in the business of carrying or transporting wounded, injured or sick persons for hire along or over public streets.

C. "Person" means any natural person, firm, partnership, association, company, corporation or organization of any kind.

(Ord. 282 N.S. § A (part), 1970)

No person shall engage in the business of operating an ambulance upon the streets of the city, other than a governmental agency, without first having obtained a certificate of public convenience and necessity from the city council and paying an annual business license fee in the sum of fifty dollars for the first vehicle so owned and operated by him and twenty-five dollars for each additional ambulance owned and operated by him.

(Ord. 282 N.S. § A (part), 1970)

An applicant for an ambulance operator's license shall file his application with the city council, which 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 such applicant does business or proposes to do business;

C. The number and 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;

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

E. The schedule of rates proposed to be charged for ambulance service;

F. The experience of the applicant in the transportation and care of wounded, injured or sick persons;

G. 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 such judgments;

H. Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a license and such other information as the city council may require.

(Ord. 282 N.S. § A (part), 1970)

Upon the filing of a fully completed application for the license to engage in the business of operating an ambulance, the city administrator shall fix a time for a public hearing thereon before the city council for the purpose of determining whether the public convenience and necessity require the proposed service. No license 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.

(Ord. 282 N.S. § A (part), 1970)

Notice of such hearing shall be given to all persons to whom licenses for operation of ambulances have been heretofore 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 twice in a newspaper of general circulation of the city, the first publication to be made at least ten days before the hearing, the second publication to be made at least five days before the hearing.

(Ord. 282 N.S. § A (part), 1970)

Upon completing its investigation and hearing, the city council shall grant the applicant a license if it finds:

A. 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;

B. That the color scheme, insignia, name, monogram or other distinguishing characteristics proposed to be used upon such ambulance or ambulances are 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 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 section, and such rules and regulations as may be promulgated by the city council. In making such finding, the city 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.

(Ord. 282 N.S. § A (part), 1970)

A. The fee which shall be submitted with the application for an ambulance operator's license shall be the sum of fifty dollars to cover administrative and other costs incident to such application. If the license is granted this fee shall be applied on the license fee required by Section 5.08.020 of this chapter. In the event the license applied for is refused, the application fee shall not be returned.

B. Ambulance licenses issued under this chapter shall continue to be valid from the date of issuance, unless the same has been changed, suspended or revoked for any of the causes set forth in this chapter.

(Ord. 282 N.S. § A (part), 1970)

If the city council, by resolution, finds and declares that public convenience and necessity require the proposed ambulance service or will admit additional ambulance service, a license to that effect shall be issued to the person or persons entitled thereto by having complied with the requirements of this chapter, and all of the requirements of this chapter having been met; and the city council in its discretion shall determine the total number of ambulances which may be operated under such license. The license when issued shall state the name.

(Ord. 282 N.S. § A (part), 1970)

If the ambulance operator to whom an ambulance operator's license has been issued desires to sell or transfer his business, the interested buyer or transferee shall make application for an ambulance operator's license as required by this chapter, accompanied by an affidavit of seller of intention to surrender and cancel the license held by such ambulance operator conditioned upon and concurrently with consummation of such sale and issuance of a license in the name of the buyer. If a buyer-applicant or transferee-applicant for a license meets all the various standards set forth in this chapter for issuance of an ambulance operator's license, the city council shall issue a new license to the buyer-applicant and concurrently therewith cancel the seller's license. The public hearing set forth in Sections 5.08.040, 5.08.050 and 5.08.060 of this chapter need not be held.

(Ord. 282 N.S. § A (part), 1970)

Any person holding a license to operate one or more ambulances as provided in this chapter, who desires to change or amend such license to substitute a different vehicle for a vehicle operated under the license, shall do so only upon obtaining from the city administrator 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.

(Ord. 282 N.S. § A (part), 1970)

A. The city council may at any time revoke, suspend or change, after proper notice to and an opportunity of hearing given to the holder thereof, a license granted if the ambulance operator and/or driver or attendant fails to operate an ambulance authorized under this chapter in accordance with the provisions of this chapter as now constituted or as the same may be hereafter amended.

B. All licenses which shall have been suspended or revoked by the city council shall be surrendered to the city clerk and the operation of all ambulances covered by such licenses shall cease and the continued operation thereof shall thereafter constitute a violation of this chapter.

(Ord. 282 N.S. § A (part), 1970)

No owner or operator shall drive or operate an ambulance or cause the same to be driven or operated in the city and no license for the operation thereof shall be granted unless and until there is on file with the city clerk and in full force and effect at all times while such ambulance is being operated, a policy of insurance approved by the city attorney and by the city administrator, insuring the owner and operator of such ambulance (such ambulance being designated by number and state license number) and the city as coinsured to the extent of any insurable interest, obligation or risk of the city, against loss by reason of injury or damage that may result to persons or property from the faulty or negligent operation or defective construction or condition of such vehicle or from any other cause or causes whatsoever. The policy shall be limited to not less than fifty thousand dollars for the injury or death of one person, and one hundred thousand dollars for injury or death of two or more persons in the same accident and ten thousand dollars for injury or destruction of property. Each policy shall contain a stipulation that any cancellation or revocation of such policy shall be without effect unless and until the city is notified thereof in writing thirty days prior to the cancellation thereof. At any time, if such policy or insurance is cancelled by the company issuing the same, or the authority of the company to do business in the state shall cease, the owner shall replace such policy with another policy satisfactory to the city attorney and to the city administrator and in default thereof the owner's license to operate shall be revoked. Failure of any owner to notify the city clerk of any such cancellation or cessation shall constitute a violation of this chapter and subject such owner to the penalty provided in this chapter for violation.

(Ord. 282 N.S. § A (part), 1970)

No operator, driver or attendant of any ambulance having a license issued by the city shall fix, charge or collect for ambulance service, a rate or tariff more than the rate or tariff fixed in the following manner, and all operators of ambulances shall take such action as necessary to cause rates or tariffs for the ambulances owned or operated by them to be fixed in the following manner:

A. Flat Rate, Zone or Special Service Rate Schedule. All owners or operators of ambulances shall operate on a flat rate or zone basis, or time, mileage or special service basis, or a combination thereof and shall file with the city clerk reasonable and uniform rates or schedule of charges. The rates, or schedule of charges shall be reviewed and approved by the city council before becoming effective.

B. Rate Schedule to Council Review. All rates or schedule of charges established in the forgoing manner shall remain effective and shall not be amended or varied from except with the consent of or by the order of the city council, and the city council may from time to time review such rates or schedule of charges, and may in its discretion require the operator to substantiate by factual evidence and auditable records the reasonableness and uniformity of such rates or schedule of charges, and may, based upon their findings on the question of reasonableness and uniformity order changes which shall be complied with.

C. Posting and Filing Schedule. All owners and operators shall keep posted in a conspicuous place in the interior of each ambulance operated by him, the rates or schedule of charges approved as to form by the city administrator and chargeable for the use of such ambulance.

(Ord. 282 N.S. § A (part), 1970)

No person shall drive or serve as an attendant of an ambulance operated under an ambulance operator's license issued pursuant to this chapter unless such person is the holder of a valid ambulance driver's or attendant's permit issued to him in accordance with the provisions of this chapter.

(Ord. 282 N.S. § A (part), 1970)

An applicant for an ambulance driver's or ambulance attendant's permit shall file his application with the chief of police, which application shall be signed and verified by the applicant, and accompanied by the fee required and shall contain:

A. A statement giving the applicant's full name, present address and any other residence address during the past five years;

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

C. Whether the applicant has previously been licensed as a driver or attendant, and if so, when and where, and whether his license has ever been revoked or suspended and for what cause; and

D. Such other information as the chief of police may require.

(Ord. 282 N.S. § A (part), 1970)

The chief of police shall conduct an investigation of each applicant for an ambulance driver's or ambulance attendant's permit and may refuse to issue such permit and may suspend or revoke a permit theretofore granted, subject to the applicant's right to request a personal appearance before the council to offer evidence why his application should not be refused, suspended or revoked, for any of the following reasons:

A. If the applicant for a driver's permit is under twenty-one years of age;

B. If the applicant for an attendant's permit is under eighteen years of age;

C. If the applicant for a driver's permit does not have in force a current operator's license issued by the state;

D. If the applicant is not of good moral character;

E. If the applicant is unable to speak, read and write the English language;

F. If the applicant for a driver's permit has been convicted three or more times of a violation of any law or ordinance regulating the operation of motor vehicles, excepting violations pertaining to stopping, starting or parking, within three years of the date of application;

G. If the applicant is convicted or has been convicted of a crime involving moral turpitude, use or possession of narcotics, or for operating a vehicle under the influence of intoxicating liquors, drugs or reckless driving;

H. If the applicant does not possess an advanced American Red Cross First Aid Certificate or in the case of a trainee, has not complied with the applicable provisions of the county's ordinance pertaining to trainee ambulance drivers or attendants;

I. If the applicant is unable to produce at any time, and not less frequently than once a year, a certificate of a duly licensed physician stating that the applicant is in the opinion of such physician free of communicable disease, and physical disability.

(Ord. 282 N.S. § A (part), 1970)

The permit shall be in the form of a card which shall bear the signature, photograph and fingerprints of the applicant. The 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.

(Ord. 282 N.S. § A (part), 1970)

The applicant for driver's and attendant's permits shall pay to the city clerk a fee of four dollars for each application. A copy of the receipt for fees paid shall be filed with the chief of police. Driver's and attendant's permits shall continue to be valid from the date of issuance, until the same has been suspended or revoked pursuant to this chapter on any one or more of the grounds set forth in this chapter.

(Ord. 282 N.S. § A (part), 1970)

The city administrator is authorized to issue rules and regulations prescribing and defining the duties and procedures to be observed and complied with by an ambulance operator and by drivers and attendants, which rules and regulations and any amendments thereof shall be subject to approval by the city council. Such rules and regulations and amendments thereto, when approved by the city council by resolution and filed with the city clerk, shall constitute enforceable provisions of this chapter and violations thereof shall be subject to the penalty provisions of this chapter. Copies of such rules and regulations and any amendments thereof shall be delivered to each ambulance operator and each driver and attendant at the time the permit is issued.

(Ord. 282 N.S. § A (part), 1970)

It is unlawful to operate an ambulance in violation of any of the following rules or regulations:

A. Every permanently operated ambulance shall be equipped with a two-way radio;

B. Every ambulance shall contain such equipment as is required by the county and/or the California Highway Patrol;

C. No operator, driver or attendant shall operate or permit to be operated any ambulance in the city while some or any equipment used thereon shall be defective, unsafe or in an unsanitary condition. Every ambulance shall be at all times subject to the inspection of the city administrator or his duly appointed agent.

(Ord. 282 N.S. § A (part), 1970)

The provisions of this chapter shall be deemed as supplemental to the provisions of any other pertinent laws or ordinances of the city, except that the fees provided for in this chapter shall be paid in lieu of those provided for in the general business licensing ordinance.

(Ord. 282 N.S. § A (part), 1970)

It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. The provisions of this chapter providing for suspension, revocation, amendment, or change of permits, as the case may be, of any person violating any of the provisions of this chapter are not exclusive remedies and the city reserves all other remedies available.

(Ord. No. 2276 N.S., § 7, 5-2-2018)

Editor's note— Ord. No. 2276 N.S., § 7, adopted May 2, 2018, amended § 5.08.220 in its entirety to read as herein set out. Former § 5.08.220 pertained to violation—penalty and derived from Ord. 282 N.S., § A(part), adopted in 1970; Ord. 1192 N.S., § 4, adopted in 1994; and Ord. 1320 N.S., § 3, adopted in 1997.