Chapter 5.20 — AMBULANCE SERVICES

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Ambulance service means the operation, for monetary or other consideration, of an ambulance or ambulances for the purpose of transporting any sick, injured, wounded, invalid or incapacitated person, or expectant mother, from any location in the city to any destination, regardless of location. The term "ambulance service" does not include the operation of ambulances for the benefit of employees only in connection with a plant hospital or first aid station.

Permittee means any person who has been issued a permit to operate an ambulance service in the city.

(Code 1972, § 5.20.010; Ord. No. 380, § 1, 1972; Ord. No. 447, § 1, 1976)

(a)

No person shall solicit any ambulance service nor operate an ambulance service in the city, regardless whether the base of operations is located within the city or without, unless such person or persons holds a current, unrevoked permit issued by the city. All permits shall be issued to expire at the end of the calendar year, and the annual fee therefor shall be $50.00, which may be prorated on a quarterly basis for the first year. Nonprofit, voluntary ambulance service shall be subject to all the provisions of this chapter, except that the annual fee for the license shall be waived.

(b)

It shall not be a violation of this section or this chapter for an ambulance service or services to provide ambulance service within the city upon any of the following conditions:

(1)

Upon request of any law enforcement or governmental agency;

(2)

Upon request of any person for emergency ambulance service if an ambulance is not immediately available within the city;

(3)

To provide ambulance service upon request for a person located outside the city to a hospital, doctor's office or other medical treatment facility located within the city, and to provide return service for such person to the point of origin;

(4)

To provide ambulance service to any person living in the city who is currently enrolled as a member of a plan for members for a fixed period, not to exceed one year, without cost or at a reduced cost, upon a payment of a subscription fee for such plan. Upon the expiration of said initial one-year period, no person shall solicit members for such an ambulance service plan without holding a valid permit issued pursuant to this chapter.

(Code 1972, § 5.20.020; Ord. No. 380, § 2, 1972; Ord. No. 447, § 2, 1976)

Applications for a permit to operate an ambulance service shall be made to the chief of police upon the form provided by the police department, which shall include the following information:

(1)

Name, business and residence address of the applicant, and the fictitious name, if any, under which the applicant proposes to do business;

(2)

The experience of the applicant in the operation of an ambulance service;

(3)

A complete description of each vehicle to be operated by the applicant, including the patient capacity thereof, and a copy of the most recently issued emergency vehicle permit issued by the state highway patrol for each vehicle;

(4)

All facts which the applicant believes will prove that the public health, safely, welfare, convenience and necessity require the granting of a permit to operate an ambulance service in the city.

(Code 1972, § 5.20.030; Ord. No. 380, § 3(a), 1972)

Upon the receipt of a completed application, the chief of police shall conduct an investigation to determine if the public health, safety, welfare, convenience and necessity require the granting of a new permit for the ambulance service area for which the application has been made and shall further determine if the applicant meets all the requirements of this chapter. Upon completion of his investigation, the chief shall recommend to the city council that a permit be granted or denied for the requested ambulance service

area. No permit shall be issued by the chief until the city council has determined that the public health, safety, welfare, convenience and necessity require the granting of a new permit for the particular ambulance service area.

(Code 1972, § 5.20.040; Ord. No. 380, § 3(b), 1972)

If the city council determines that a permit shall not be issued, the applicant shall have the right to demand a hearing thereon. A request for a hearing shall be made in writing to the city clerk within 15 calendar days following the decision of the council to deny the permit. Upon receipt of a written request, the clerk shall set the matter for hearing on a date not more than 60 days following receipt of the written request. At the hearing, the applicant shall have the burden of proof to show facts that the public health, safety, welfare, convenience and necessity require the granting of a permit for the requested service area and that the applicant owns or controls equipment meeting the requirements of this chapter.

(Code 1972, § 5.20.050; Ord. No. 380, § 3(c), 1972)

Permits to operate an ambulance service may be renewed annually by the chief of police upon application by a permittee, if the chief determines that the permittee remains in compliance with the provisions of this chapter.

(Code 1972, § 5.20.060; Ord. No. 380, § 3(d), 1972)

No permit shall be transferred to another person except upon prior approval of the city council, upon recommendation of the chief of police.

(Code 1972, § 5.20.070; Ord. No. 380, § 3(e), 1972)

Upon approval by the city council of the granting of a permit for a specific ambulance service area, the chief shall not issue the permit until:

(1)

The first year's fee, or prorated portion thereof is paid, except for nonprofit volunteer ambulance services;

(2)

The permittee files copies of current, valid emergency vehicle permits issued by the state highway patrol for each ambulance to be operated by permittee;

(3)

The permittee files proof of the issuance of a policy of public liability insurance covering each ambulance in an amount not less than $100,000.00 for injury or death of any one person and not less than $200,000.00 for injury or death to more than one person arising out of any one accident and property damage insurance in an amount not less than $50,000.00. All policies shall contain a provision requiring that 30 days' notice must be given to the chief prior to cancellation, modification or reduction of the limits of the policy by the insurer.

(Code 1972, § 5.20.080; Ord. No. 380, § 4, 1972)

Upon the issuance of a permit, the permittee shall have the right to provide ambulance service originating only in the city; however, a permittee shall be allowed to provide ambulance service outside of the city in the following cases:

(1)

Upon request of any law enforcement or governmental agency;

(2)

Upon request of any person for emergency ambulance service if an ambulance is not immediately available in a service area of the county;

(3)

To provide return ambulance service to a person that originally used permittee's service for ambulance transportation to a destination outside of the city;

(4)

To provide ambulance service to any person who is a resident within the city when such person is a member of a plan operated by a permittee whereby permittee provides ambulance services to plan members for a fixed period, without cost or at reduced cost, upon payment of a subscription fee.

(Code 1972, § 5.20.090; Ord. No. 380, § 5, 1972)

(a)

No permittee shall allow an ambulance to be operated in service unless the driver thereof holds a valid ambulance driver's certificate issued by the state department of motor vehicles, the driver has been trained to assist the ambulance attendant in the care and handling of the ill and injured, and the driver is accompanied by an ambulance attendant, or a state-licensed physician and surgeon (M.D. or D.O.) or state-registered nurse.

(b)

In addition, the driver of a state-based ambulance shall, within one year of initial issuance of the driver's ambulance driver certificate, possess a certificate or license evidencing compliance with the emergency medical training and educational standards established for ambulance attendants by the emergency medical service authority.

(Code 1972, § 5.20.100; Ord. No. 380, § 6, 1972)

No permittee shall allow an ambulance to be operated in service unless either the driver thereof or the attendant accompanying the driver possesses a valid advanced American Red Cross first aid certificate or an advanced first aid certificate issued by the United States Bureau of Mines, unless a state licensed physician and surgeon (M.D. or D.O.) or a state registered nurse accompanies the driver.

(Code 1972, § 5.20.110; Ord. No. 380, § 7, 1972)

No permittee shall allow an ambulance to be operated in service unless it is equipped with all safety and emergency equipment required for ambulances by the California Vehicle Code and the California Administrative Code, as the same are now written or hereafter amended.

(Code 1972, § 5.20.120; Ord. No. 380, § 8, 1972)

A permittee or ambulance service shall file a schedule of maximum rates charged for services with the city clerk on or before December 31 of each year.

(Code 1972, § 5.20.130; Ord. No. 585, § 1, 1983)

The granting of a permit, or a renewal thereof, may be denied and an existing permit may be revoked or suspended for any of the following grounds:

(1)

The permittee or applicant has knowingly made a false statement or fails to disclose facts in a material manner either in his application or in any reports or other documents furnished by him to the city;

(2)

The permittee does not maintain and operate his ambulances and other equipment in the manner and in the condition required by this chapter;

(3)

The permittee knowingly employs employees who do not meet the standards or requirements or have the licenses required by this chapter;

(4)

The permittee or applicant is not the real party in interest in the business;

(5)

Any other grounds or conduct which materially affect permittee's or applicant's ability or qualifications to properly operate an ambulance business or serve the public;

(6)

If the permittee or applicant:

a.

Is required to register as a sex offender under the provisions of section 290 of the California Penal Code;

b.

Habitually or excessively uses, or is addicted to the use of narcotics or dangerous drugs or has been convicted of any offense relating to the use, sale, possession or transportation of narcotics or habit-forming drugs;

c.

Is a habitual user of intoxicating beverages to excess;

d.

Within the three-year period immediately preceding the application, has been under suspension, revocation or probation by the department of motor vehicles for a cause involving the safe operation of a motor vehicle, or has been convicted of any of the following offenses: Failure to stop and render aid in an accident involving injury or death; driving while intoxicated or under the influence of drugs; or reckless driving involving bodily injury;

e.

Has been convicted of any offense involving moral turpitude;

f.

Has been convicted of any offense punishable as a felony, or has been convicted within the immediately preceding ten-year period of the crime of theft in either degree;

g.

Has been involved within the two years immediately preceding the application in any motor vehicle accident causing death or personal injury;

h.

Has been involved in three or more motor vehicle accidents within the year immediately preceding the application;

i.

Has operated an authorized emergency vehicle in violation of any provisions of the state vehicle code relating to the operation of authorized emergency vehicles; or

j.

Has operated an authorized emergency vehicle in violation of the rules and regulations relating to authorized emergency vehicles as promulgated by the commissioner of the state highway patrol.

(Code 1972, § 5.20.140; Ord. No. 380, § 10, 1972)

(a)

Every permit granted under this chapter is granted and accepted by all parties with the express understanding that the permit may be revoked or suspended for any cause specified in this chapter by the chief of police after ten days' notice to the permittee and an opportunity given the permittee to be heard on the matter.

(b)

If after such hearing the chief finds that grounds for revocation or suspension exist, he may then revoke or suspend the permit. If a permit is suspended, the permittee shall cease operations until the chief removes the suspension.

(Code 1972, § 5.20.150; Ord. No. 380, § 11, 1972)

If the renewal of a permit is denied by the chief of police, or if the chief revokes a permit, the permittee shall have the right to demand a hearing thereon. A request for a hearing shall be made in writing to the city clerk within 15 calendar days following the denial or revocation of the permit. Upon receipt of a written request, the clerk shall set the matter for hearing on a date not more than 60 days following receipt of the written request and give notice to the appellant and the chief of police of the date set for the hearing. At the hearing, the city council shall hear the appellant, the chief and any other interested persons who may present evidence relevant to the decision of the chief. Within 30 days following the conclusion of the hearing the council shall issue its order whether or not the permit should be issued or the revocation sustained.

(Code 1972, § 5.20.160; Ord. No. 380, § 12, 1972)

A violation of this title is an infraction and punishable as provided in section 1.16.010.

(Code 1972, § 5.20.170; Ord. No. 608, §§ 1(part), 2(part), 1984)