Richmond Municipal Code Ch. 9.32 Ambulances

As used in this Chapter, the following words shall have the following meanings:

(a) "City Clerk" shall mean the City Clerk of the City of Richmond or said City Clerk's designee.

(b) "Police Chief" shall mean the Chief of Police of the City of Richmond or said Chief of Police's designee.

(c) "City Council" shall mean the City Council of the City of Richmond.

(d) "City Attorney" shall mean the City Attorney of the City of Richmond or said City Attorney's designee.

(e) "City Manager" shall mean the City Manager of the City of Richmond or said City Manager's designee.

(f) "Ambulance" shall mean any privately owned vehicle specifically constructed, modified, equipped, or arranged and operated for the transportation of individuals in need of medical care and which operates or may operate Code 3 or its equivalent. This meaning includes, but is not limited to, ambulances and paramedic units.

(g) "Ambulance service" means the activity, business or service, for hire, profit, or otherwise, of transporting one or more persons by ambulance on or in any of the streets, roads, highways, alleys, or any public way or place in the City of Richmond.

(h) "Attendant" means a trained and/or qualified individual who, regardless of whether he/she also serves as driver, is responsible for the care of ambulance patients and who has met all license and other requirements in applicable state laws and regulations. The term includes EMT I, EMT II, and EMT-P, as those terms are used in Health and Safety Code sections 1797 et seq.

(i) "Driver" means an individual who drives an ambulance and who has met all license and other requirements in applicable state laws and regulations.

(j) "Limited Advanced Life Support" and "Advanced Life Support" have the same meanings as when used in Health and Safety Code sections 1797 et seq.

(k) "Permit officer" means the City Clerk.

(l) "Permit" means:

(1) "Nonemergency Ambulance Service Permit" which is a written authorization by the City to provide nonemergency ambulance service, or

(2) "Emergency Ambulance Service Permit" which is a written authorization by the City to provide emergency ambulance service.

(m) "Permittee" means any person who owns an ambulance service and who holds a valid permit.

It is unlawful for any person to operate any ambulance within the City of Richmond unless the owner of said ambulance applies for and obtains an ambulance permit as provided for in this chapter.

(a) Applications for permits to operate ambulances within the City of Richmond shall be in writing and submitted to the permit officer of the City of Richmond. The applications shall contain:

(1) The name(s) and address(es) of the applicant(s) and of the owner(s) of the ambulance(s), the ambulance business or any interest therein;

(2) The applicant's training and experience in the transportation and care of patients;

(3) The name(s) under which the applicant has operated; does operate; and/or proposes to operate the ambulance service;

(4) A description of each ambulance including:

(i) The make, model, year of manufacture, vehicle identification number and current state license number;

(ii) The ambulance business color scheme, insignia, name, monogram and other distinguishing characteristics of the vehicles to be used;

(iii) A description of the company's program for maintenance of the vehicle; and

(iv) A description of the vehicle's radio(s).

(5) A certification that the applicant has obtained all of the licenses and/or permits required by state laws or regulations for the type of ambulance service proposed;

(6) The location from which the applicant intends to operate the ambulances;

(7) The names and qualifications of each attendant employed, or to be employed, in providing ambulance service;

(8) That the applicant possesses and maintains currently valid California Highway Patrol Inspection Reports for each vehicle listed in the application;

(9) A description of the Company's training and orientation programs for attendants and for dispatchers;

(10) Evidence of such financial responsibility and insurance coverage as may be required by the permit officer;

(11) Facts relied on by the applicant in asserting that the public health, safety, welfare, convenience and necessity warrant the granting of the nonemergency ambulance service permit.

(b) Emergency Service. Each applicant who desires an Emergency Ambulance Service Permit shall, in addition to the information required by paragraph (a) above, also show:

(1) The ability of the applicant to provide emergency ambulance service within established response times twenty-four hours per day, seven days per week, year round;

(2) That the public health, safety, welfare, convenience and necessity warrant the granting of the emergency ambulance service permit;

(3) All service charges and the rate structure of the company;

(4) Whether the service will include limited advanced or advanced life support service, and, if so:

(i) The number of limited advanced and/or advanced life support units to be deployed on each shift;

(ii) The provisions, if any, for continuing education of the limited advanced and advanced life support attendants.

(5) That the applicant maintains a business office in the City of Richmond.

(c) Additional Information: The applicant may be required to submit such other information as the permit officer deems necessary for determination of compliance with this chapter.

The permit officer shall refer the application for an ambulance permit to the Police Chief who shall conduct an investigation thereon. The Police Chief shall, within thirty days of the receipt of such application, report to the permit officer with a recommendation as to the permit's issuance or denial. The report shall state:

(a) Whether or not the applicant has ever been convicted of a pertinent felony;

(b) Whether or not any falsifications were found in the application;

(c) Whether or not the applicant is a responsible and proper person to conduct, operate or engage in this ambulance service;

(d) Whether or not the applicant meets the requirements of this chapter and of other applicable laws, ordinances, and regulations;

(e) Whether or not each ambulance is equipped with a properly installed and adequately functioning radio which can be used to communicate with the City of Richmond's Police and Fire Department dispatching unit.

(f) Such other pertinent facts as the Police Chief may deem necessary; and

(g) A recommendation regarding the issuance of an ambulance permit to the applicant.

(a) Within 60 days of the receipt of an ambulance permit application, the permit officer shall fix a time, date and place for a public hearing before the City Council on the application. The permit officer shall give at least 15 days written notice of the time, date and place set for the public hearing to the applicant and to all persons holding valid City of Richmond ambulance permits.

(b) At the conclusion of the public hearing, the City Council shall determine whether the applicant should be allowed to operate an ambulance service within the City. In making this determination, the City Council shall consider the Police Chief's report and recommendation and any other evidence obtained during the public hearing. The City Council may deny the application if:

(1) The ambulances that are proposed for use are deemed to be unsafe or inappropriate for their intended use;

(2) The applicant is found to be unfit due to prior pertinent criminal convictions;

(3) The application is found to contain false statements;

(4) The applicant is found to be unfit due to prior irresponsibility or neglect with regards to the previous operation of an ambulance service;

(5) The applicant fails to meet the requirements of this chapter or other applicable laws, ordinances or regulations;

(6) The applicant's ambulances are not equipped with properly installed and adequately functioning radios;

(7) The public health, safety, welfare, convenience and necessity do not warrant the granting of the permit; or

(8) The issuance of said permit will impair the economic viability of providing emergency ambulance service within the City.

(c) The City Council's denial of an ambulance permit shall be final and conclusive. Upon denial, an applicant may not reapply for a period of 180 days following the date of denial.

If the City Council determines that the ambulance permit should be granted, the City Council shall make a determination that the public convenience and necessity require the operation of such ambulance service. In making such a determination, the City Council may take into consideration all facts which it may deem pertinent and proper, including a specific finding that an applicant is financially responsible; that the premises and vehicles which applicant proposes to use are fit and suitable for the ambulance business; that the issuance of said permit will not impair the economic viability of providing emergency ambulance service within the City; and that operation of the ambulances is necessary to provide adequate ambulance service to the public. Such a determination, along with the Council's determination that a permit should be issued, shall be transmitted to the permit officer who shall issue the appropriate ambulance service permit to the applicant after receipt and approval of the Coverage Verification Form described in Section 9.32.070. In issuing any such ambulance permit, the permit officer may impose such terms and conditions on the permittee as the City Council may deem reasonable to protect the public health, safety and welfare.

(a) It shall be unlawful for any permittee to operate or cause or permit to be operated any ambulance in the City of Richmond unless there are, in full force and effect, at all times, policies of insurance approved by the City Attorney covering the ambulance service and its ambulances. The insurance policies shall meet the following requirements:

a. Liability Insurance. The permittee, at its own cost and expense, shall provide and maintain liability and property damage insurance for the period covered by the permit in the amount of One Million Dollars ($ 1,000,000) per occurrence combined single limit coverage. Such coverage shall include, but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this chapter. Such insurance shall be with insurers and under forms of policies satisfactory in all respects to the City and shall provide that notice must be given to the City at least forty-five (45) days prior to cancellation or material change. The following endorsements shall be attached to the policy:

(1) Policy shall cover on an "occurrence" basis.

(2) Policy must cover personal injuries as well as bodily injuries.

(3) Broad form property damage endorsement must be attached.

(4) The City, its officers and employees shall be named as an additional insured, and the policy shall stipulate that this insurance will operate as primary insurance and that no other insurance effected by the City will be called upon to contribute to any loss suffered by permittee.

b. Worker's Compensation. The permittee, at its own cost and expense, shall carry and maintain statutory Workers' Compensation Insurance and Employer's Liability with limits not less than One Million Dollars ($1,000,000) with an insurance carrier satisfactory to the City. Policy shall provide that no cancellation, major change in coverage or expiration shall become effective or occur until at least ten (10) days after receipt of such notice by the City.

c. Coverage Verification. The City's Coverage Verification form shall be completed, signed by permittee's insurance representative, and returned to and/or filed with the City. The Coverage Verification form must be approved by the City Attorney's office before any permit shall be issued.

Upon notification of receipt by the City of a notice of cancellation, major change in coverage or expiration, permittee shall file with the City a certified copy of the required new or renewal policy and certificates for such policies (or in lieu of this a new, completed Coverage Verification form).

If, at any time during the term of the permit, or any renewal or extension thereof, the permittee fails to maintain the required insurance in full force and effect, all operations shall be discontinued immediately until notice is received by the City that the required insurance has been restored to full force and effect. Any failure to maintain the required insurance will be sufficient cause for City to suspend or revoke the permit.

Every permit issued pursuant to this chapter shall expire three years after the date of issuance, unless the same is renewed for an additional period of three years by filing with the Permit Officer an application for renewal not less than thirty days prior to expiration. The renewal application shall contain an update on the information required in the original application. The owner shall submit with the application a certificate indicating that an inspection of each ambulance by the California Highway Patrol has been conducted. Said application for renewal shall be referred to the Police Chief for an investigation concerning the adequacy of the ambulances proposed to be operated and a background investigation of each permittee. If the report from the Police Chief indicates that said public motor vehicles are adequate and safe, that the permittee's background investigation is satisfactory, and that the permittee has complied with Section 9.32.070, the Permit Officer shall renew the permit upon the same terms and conditions as contained in the original permit.

(a) The Permit Officer may, at any time, revoke or suspend any permit to operate an ambulance, upon the streets of the City of Richmond for any violation of the provisions of this chapter or any ordinance or regulation relating to ambulance services, or for failure to pay any judgment for damages arising from the unlawful or negligent operation of the ambulances for which the permit was issued, or upon the recommendation of the Police Chief that the permit should be revoked or suspended.

(b) Prior to the suspension or revocation of the permit, the Permit Officer shall give the Permittee at least ten days' written notice of the impending suspension or revocation of the permit and the reasons therefor. Within the ten day period, the Permittee may request a hearing before the City Manager. Such a request for a hearing must be in writing, setting forth the reasons why the permit should not be suspended or revoked. The City Manager shall conduct a public hearing on the proposed suspension or revocation and decide same. Pending the outcome of the hearing, any permit granted under this chapter shall remain in effect.

(c) Notwithstanding the procedure set forth above, the City Manager may suspend a Permit for a period not to exceed fifteen days without a prior hearing if it is determined by the City Manager that the public safety and welfare are endangered by the permittee's continued operation.

(d) Upon revocation of a permit, the permittee may not reapply for another permit for a period of 180 days following the date of the revocation.

The permittee or a protesting third party may appeal a decision of the City Manager by requesting a hearing before the City Council. Such request for a hearing must be in writing, setting forth the reasons for the appeal. The City Council shall conduct a public hearing on the dispute and shall decide same.

(a) The applicant and/or permittee shall report any change in the information supplied on the application to the permit officer within 10 days of the effective date of the change, except that any change in the information required by Section 9.32.030(a)(1) and (5) and (b)(3) shall be reported immediately. This section shall not apply to the information required by Section 9.32.030 (a)(7).

(b) Any change in the rate structure information required by Section 9.32.030(b)(3) must be reviewed and approved by the City Council.

(a) Every ambulance shall carry a valid California Highway Patrol Inspection Report authorizing the use of the vehicle as an ambulance.

(b) Ambulance service permittees shall allow the Police Chief to inspect, on a preannounced or unannounced basis, all ambulances used to provide ambulance service. The purpose of such inspections may include, but shall not be limited to, determining if:

(1) The ambulance is properly maintained and equipped for the provision of ambulance service;

(2) The description of the ambulance, required by Section 9.32.030 (a)(4), is accurate; and

(3) The ambulance contains a radio installed and functioning to regulations adopted by the Permit Officer.

(a) A nonrefundable fee in the form prescribed by the Permit Officer shall accompany every application for an ambulance service permit or any application for renewal of same.

(b) The fees required by this chapter shall be established by resolution of the City Council.

(c) The fees required by this chapter shall be paid to the permit officer at the time of application for a permit.

(a) Each permittee shall:

(1) Employ only drivers who possess a valid Ambulance Driver certificate issued by the California Department of Motor Vehicles;

(2) Employ only attendants who have valid certification pursuant to Health and Safety Code sections 1797 et seq., or regulations promulgated pursuant to those provisions.

(b) Each permittee shall staff each ambulance with appropriate personnel who shall wear clean uniforms, be neat and clean and comply with the requirements of this chapter and such other requirements as may be prescribed by the permit officer to assure compliance with this chapter.

(c) Each permittee shall assign at least one person to be responsible for receiving calls and dispatching ambulances.

Persons holding emergency ambulance service permit(s) under this chapter shall provide such dispatch services on a 24 hour per day basis and shall adequately train the dispatcher in radio operation and protocols before said dispatcher begins dispatching emergency calls.

Every ambulance operated pursuant to the provisions of this chapter shall have a sign conspicuously displayed upon the rear and both sides thereof bearing the name of the ambulance service which operates said vehicle.

Permits issued pursuant to this chapter shall have no monetary value and shall not be sold or transferred.

Any change in ownership of a permitted ambulance service terminates the permit granted pursuant to this chapter.

(a) The Permittee shall keep separate pre-hospital care forms of every service rendered. The pre-hospital care forms shall include the following information:

(1) Location where patient entered vehicle;

(2) Time of entry;

(3) Number of patients;

(4) Location where patients were discharged;

(5) The driver's name; and

(6) The date.

The Permittee shall keep said pre-hospital care forms for a period of ninety days after date of service rendered, and the same shall, at all convenient times, be available for examination by any representative of the Police Chief. The falsifying of any pre-hospital care form by a Permittee or by a driver shall be grounds for revocation of the Permittee's permit.

(b) The Permittee shall keep a dispatch log. The dispatch log shall include the following information:

(1) The time the call came in;

(2) The locations where the patients were picked up and discharged;

(3) The date; and

(4) The dispatcher's name.

The Permittee shall keep said dispatch log for a period of ninety days after the date of entry and the same shall, at all convenient times, be available for examination by any representative of the Police Chief. The falsifying of any dispatch log by a permittee or by a dispatcher shall be grounds for revocation of the permittee's permit.

(a) Ambulance Available:

(1) Emergency: Upon receiving a call for emergency ambulance service the permittee shall immediately dispatch an ambulance to the address or place given and the ambulance dispatched shall immediately start a direct run to that address or place and shall complete that run unless directed otherwise by the appropriate communications center, or unless diverted to respond to another emergency.

(2) Non-Emergency: Upon receiving a call for nonemergency ambulance service the permittee shall promptly dispatch, or schedule for dispatch at a time acceptable to the caller, an ambulance to the address or place given and the ambulance shall promptly, or at the time scheduled, start a direct run to that address or place and shall complete that run unless directed otherwise by the appropriate communications center, or unless directed to respond to another emergency.

(b) Ambulance Unavailable:

(1) Emergency: Upon receiving a call for emergency ambulance service and having no ambulance available to immediately make a direct run to the address or place given the permittee shall immediately notify the caller of this fact and, in the case of an emergency, the permittee shall immediately notify the appropriate communications center.

(2) Non-Emergency: Upon receiving a call for non-emergency ambulance service and having no ambulance available to make a direct run to the address or place given, or to do so at some later time agreeable to the caller, the permittee shall immediately notify the caller of this fact.

(c) Ambulance Diverted: If an ambulance is directed to make a direct run to an address or place and is thereafter diverted for any reason, the permittee shall immediately notify the caller of this fact, and, in the case of an emergency, the permittee shall immediately notify the appropriate communications center.

No ambulance service permitted under this chapter shall cause or allow its ambulance(s) to respond to a location without first receiving a specific request for such service at that location.

Ambulance service permittees shall cooperate with the Permit Officer in any investigations of possible violations of this section and shall make all dispatch logs and similar records available for inspection and copying at reasonable times at the permittee's regular place of business.

No ambulance service permittee under this chapter shall announce, advertise, offer, or in any way claim that:

(a) It provides emergency ambulance service unless it possesses a current, valid, emergency ambulance service permit; or

(b) It provides limited advanced or advanced life support service, unless it actually provides such service.

(Source: Ordinance No. 1746)

(Amended by Ordinance No. 10-84 N.S.)