Victorville Municipal Code Art. 8 Specially Regulated Business—Non-Emergency Medical Transportation

This Article shall be known as "non-emergency medical transportation vehicles."

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

The full and sole purpose of this Chapter is regulation for he public good, and under no circumstances whatsoever shall any franchise provided for herein constitute or be deemed to be a property right or right of livelihood vested in the holder of any such certificate, permit or license.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

It is unlawful for any person, either as an owner, agent or otherwise, to operate, conduct, advertise or otherwise engage in the business or service of the transportation of non-emergency medical patients upon the streets or any public way or place in the City, except in conformance with a valid franchise to do so issued by the City.

(Ord. No. 2305, § 1, 12-17-13)

An applicant for a franchise shall submit an application to the City Manager, on a form to be furnished by the City Clerk, which shall provide, at a minimum, the following information:

(a) Name of applicant;

(b) Type of business (corporation, partnership, etc.);

(c) Business address of the applicant;

(d) Home address of the applicant (if applicable);

(e) Trade or firm name;

(f) If a corporation, joint venture or partnership, the names of corporate officers, or the names of all partners, both general and limited, their permanent address(es) and their percentage of ownership in the business;

(g) A statement of facts showing the experience of the applicant in the operation of non-emergency medical transportation services and that the applicant is qualified to render efficient service;

(h) The level of service which the applicant proposes to provide;

(i) A statement that the applicant owns, or has under his or her control, all equipment required to adequately operate the non-emergency medical transportation services for which he or she has applied, which meets the requirements established by the California Vehicle Code, and that the applicant owns, or has access to, suitable and safe facilities for maintaining the service in a clean, sanitary and mechanically sound condition;

(j) A complete description of each vehicle proposed to be operated by the applicant, including the capacity thereof, and a copy of the most recent inspection report issued by the City;

(k) A statement that each permitted vehicle and its equipment conform to all applicable provisions of this Chapter, the California Vehicle Code, and any other state or federal laws and directives;

(l) A statement that the applicant employs sufficient personnel, adequately licensed, and available to deliver non-emergency medical transportation services of good quality, at all times, as set forth in this Chapter; and

(m) A statement signed by the applicant agreeing to appear and defend all actions against the City arising out of the applicant's exercise of the franchise, and that the applicant shall indemnify, defend and hold the City, its officers, employees and agents harmless of and from all claims, demands, actions or causes of actions of every kind and description directly or indirectly, arising out of, or in any way connected with the exercise of applicant's franchise.

(Ord. No. 2305, § 1, 12-17-13)

Prior to submitting any application for a franchise to the City Manager, the franchise applicant shall obtain a business license to operate a non-emergency medical transportation business in the City, and meet all the requirements of the Business License Division or the Police Department, as described in Section 16-7.08.160 of this Chapter.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Within ten days, but not more than thirty days, after receipt of an application for a franchise to operate a non-emergency medical transportation business, the City Clerk shall set a time and date for the hearing of the application before the City Council. At least ten days prior to the hearing, the City Clerk shall give notice to the applicant, by mail, of the time and date of such hearing. Notice shall be published in a newspaper of general circulation in the City, at least once and at least ten days prior to the hearing.

(Ord. No. 2305, § 1, 12-17-13)

Upon receipt of a new application for a franchise, the City Manager, or his or her designee, shall determine if such application is complete. If the City Manager, or his or her designee, determines the application is complete, the City Manager, or his or her designee, shall conduct an investigation to determine if the public health, safety, welfare, convenience and necessity require the granting of a franchise, and shall further determine if the applicant meets all requirements of this Chapter. Upon completion of the investigation, the City Manager, or his or her designee, shall recommend to the City Council that a franchise be granted or denied. No franchise shall be issued by the City until the City Council has determined, by resolution, that the public health, safety, welfare, convenience and necessity require the .granting of such franchise.

(Ord. No. 2305, § 1, 12-17-13)

Franchises may be granted under this Chapter only after a hearing before the City Council and by the adoption of a resolution of the City Council granting the franchise. Upon a finding that the public health, safety, welfare, convenience and necessity require the availability of non- emergency medical transportation services within the City and that the applicant meets all requirements of this Chapter, the City Council may order the issuance of one or more franchises to provide non-emergency medical transportation services within the City.

(Ord. No. 2305, § 1, 12-17-13)

When the City Council makes any of the following determinations, it may deny a franchise for non-emergency medical transportation services within the City:

(a) After due investigation by the City Manager, or his or her designee, there does not exist a sufficient potential need for non-emergency medical transportation services to justify an additional, separate, and distinct franchise for such services within the City;

(b) The operation of an additional franchise within the City is not feasible;

(c) The application for a franchise is not in the public interest and welfare; or

(d) The application for a franchise is incomplete or suffers from any procedural defect, or the applicant fails to comply with any of the applicable requirements of this Chapter.

(Ord. No. 2305, § 1, 12-17-13)

In addition to any other requirements contained in this Chapter, any franchise granted under this Chapter shall specify the number of vehicles to be used by the franchisee, the level of service to be provided, and any special conditions regarding communication, equipment, personnel, rates for special services, or waiver of requirements deemed appropriate by the City Manager, or his or her designee. The franchise shall operate consistent with the findings contained in the resolution adopted by the City Council.

(Ord. No. 2305, § 1, 12-17-13)

Within ten days of the granting of a franchise, the franchisee must file a written acceptance of the franchise with the City Clerk, agreeing to comply with the terms and conditions of the franchise and of this Chapter. If such written acceptance is not filed, the grant of the franchise shall be revoked upon the expiration of tenth day.

(Ord. No. 2305, § 1, 12-17-13)

The City Council, at its discretion, may require the applicant, as a condition of the issuance of the franchise, to post with the City Manager, or his or her designee, a cash bond in the sum of two thousand five hundred dollars or a surety bond payable to the City in the same amount furnished by a corporation authorized to do business in the state of California, payable to the City. Such bond shall be conditioned upon the full and faithful performance by the franchisee of his or her obligation under the applicable provisions of this Chapter, and shall be kept in full force and effect by the franchisee throughout the life of the franchise. The City Council, upon recommendation of the City Manager, or his or her designee, from time to time may, by resolution, establish such additional or lower bond requirement for individual franchise holders, as may be deemed necessary in the event it is determined that the foregoing bond requirements constitute insufficient or more than sufficient protection to the City, as the case may be.

(Ord. No. 2305, § 1, 12-17-13)

The franchisee shall obtain and keep in force during the term of the franchise public liability and bodily injury insurance issued by a company authorized to do business in the state of California, insuring the owner of the vehicle and also naming the City as an additional insured of such vehicle against loss by reason of injury or damage that may result to persons or property from negligent operation or defective maintenance of such vehicle, or from violation of this Chapter, or any other law of the state or of the United States. The policy shall be in the sum of not less than two million dollars for personal injury to, or death of, any one person in any single accident; and the limits of each such vehicle shall not be less than five hundred thousand dollars for damages to, or destruction of, property in any one accident.

Workers' compensation insurance shall be carried in the statutory limits covering all employees of the franchisee. Before the City Council may issue a franchise, copies of the policies or certificates evidencing such policies shall be filed with the City Clerk. All policies shall contain a provision requiring a thirty-day notice to be given to the City prior to cancellation, modification or reduction in limits. The amounts of public liability insurance for bodily injury and property damage shall be subject to review and adjustment at the City's option.

(Ord. No. 2305, § 1, 12-17-13)

Each non-emergency medical transportation vehicle operated within the City must pass an initial safety inspection, to be conducted by an ASE certified Master Mechanic, which is paid for by the applicant or owner of the business.

Any vehicle that fails an annual safety inspection shall not be operated as a non-emergency medical transportation vehicle with the City, until such time that the Business License Division or the Police Department determines that the condition causing such failure has been corrected and the vehicle otherwise meets all the requirements to pass an annual safety inspection.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Non-emergency medical transportation vehicles shall be maintained at all times in good mechanical repair and in a clean and sanitary condition.

(Ord. No. 2305, § 1, 12-17-13)

Every person who operates a non-emergency medical transportation vehicle within the City shall comply with the requirements of all applicable local, state and federal laws and, prior to the operation of any such vehicle, shall comply with any and all applicable certification and registration requirements of the California Public Utilities Commission as well as any and all applicable certification and registration requirements of any other state or federal agency.

(Ord. No. 2305, § 1, 12-17-13)

It is unlawful for any person to operate or drive a non-emergency medical transportation vehicle in the City without first having obtained approval to do so from the Business License Division or the Police Department. The Business License Division or the Police Department may refuse to approve a driver or may revoke approval for any of the following reasons:

(a) If the applicant is under twenty-one years of age or not a citizen of the United States;

(b) If the applicant has not resided in the county for thirty days prior to filing the application;

(c) If the applicant does not possess a valid Class 3 license and medical examiner's certificate issued by the State Department of Motor Vehicles;

(d) If the applicant is convicted or has been convicted of reckless driving or a crime involving moral turpitude, or of driving under the influence of intoxicating liquors or narcotics;

(e) If the applicant violated any of the provisions of this Chapter;

(f) If the applicant has been convicted of three or more moving violations constituting unsafe driving within a period of twelve months immediately preceding such action of the Business License Division or the Police Department;

(g) If the applicant does not test negative for each of the controlled substances specified in Title 49 of the Code of Federal Regulations before employment or upon license renewal, or at such other times as the City shall designate. All costs for testing and reporting shall be borne by the applicant or the employer.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

The police department may, after an investigation, issue a temporary driver's permit, which shall be effective for no more than thirty days. The police department may issue no more than two consecutive temporary driver's permits, nor more than two non-consecutive temporary driver's permits in any two-year period. Any person operating a non-emergency medical transportation business in compliance with a temporary driver's permit shall be deemed to have complied with Section 16-7.08.160 of this Chapter.

(Ord. No. 2305, § 1, 12-17-13)

The police department may revoke a temporary driver's permit at any time and for any lawful reason. Any person aggrieved by the police department's revocation of a temporary driver's permit may appeal to the City Manager, by submitting a request, in writing, to the City Manager's office within ten days of the decision of the police department. The City Manager may overturn the decision of the police department if that decision was arbitrary or an abuse of discretion.

(Ord. No. 2305, § 1, 12-17-13)

In addition to the other provisions contained in this Chapter, non-emergency medical transportation vehicles shall be operated in compliance with the provisions of this section.

(a) No franchisee shall dispatch, use or operate any non-emergency medical transportation vehicles for emergency medical transportation or as an ambulance, except at the request of local authorities during an emergency as defined in the California Emergency Services Act (Chapter 7 of Division 1 of Title 2 of the California Government Code).

(b) All non-emergency medical transportation vehicles shall be dispatched, used and operated for pre-arranged medical appointments of a non-emergency nature only, except as otherwise provided in subsection (1) of this section.

(c) All operators and/or drivers of non-emergency medical transportation vehicles shall hold a current CPR, Heart Saver level and first aid certification approved by the City Manager, or his or her designee.

(d) All non-emergency medical transportation vehicles shall be equipped with a means of communication by either cellular phone or radio enabling the operator to immediately obtain emergency medical service information.

(Ord. No. 2305, § 1, 12-17-13)

The City Manager, or his or her designee, may authorize a temporary franchise to a non-emergency medical transportation business, based outside the City, for up to thirty days, for special activities. Such temporary franchise shall conform to the requirements of this Chapter and shall contain such additional conditions and restrictions that the City Manager, or his or her designee, deems appropriate for the operation.

(Ord. No. 2305, § 1, 12-17-13)

The city reserves the right to charge a separate franchise fee for the operation of a non-emergency medical transportation business. Such franchise fee may be established by resolution of the City Council on an annual basis and may be prorated on a quarterly basis. Franchise fees may be waived by the City Council if public necessity so requires.

(Ord. No. 2305, § 1, 12-17-13)

Upon application to the City Council and after conducting a public hearing thereon, the City Council may amend the conditions specified in the resolution granting the franchise, if such changes are in substantial compliance with the provisions of this Chapter.

(Ord. No. 2305, § 1, 12-17-13)

The term of the franchise shall run concurrently with the term of the business license granted to the franchise holder, unless the resolution adopted by the City Council specifies a different term. The franchise will remain in effect unless there is an action taken by the City Council to revoke the franchise for failure to comply with any of the provisions of this Chapter.

(Ord. No. 2305, § 1, 12-17-13)

If a franchisee desires to sell or transfer a non-emergency medical transportation business, the intended buyer must make application to the City for a franchise as required by this Chapter. The selling franchisee must file an affidavit of intention to surrender and cancel the existing franchise conditionally upon, and concurrently with, consummation of sale and the City's granting of a new franchise in the name of the buyer.

If the buyer applicant meets the requirements as set forth in this Chapter for a franchise, the City shall grant the buyer a new franchise and concurrently therewith shall revoke the seller's franchise.

Upon change in ownership, the prior business license issued to the seller shall be closed and the buyer shall submit an application for a new City business license.

(Ord. No. 2305, § 1, 12-17-13)

Any user or subscriber to a non-emergency medical transportation business contending that he or she has been required to pay an excessive charge for service, or that he or she has received unsatisfactory services, may file a written complaint with the City Clerk setting forth such allegations. The city shall notify the non-emergency medical transportation business of such complaint, and the City Manager, or his or her designee, shall investigate the matter to determine the validity of the complaint. If the complaint is determined to be valid, the City shall take reasonable and proper actions to secure compliance with the conditions of this Chapter, including modification, suspension or revocation of the franchise under Section 16-7.08.290 of this Chapter.

(Ord. No. 2305, § 1, 12-17-13)

Any personnel from the destination location, such as medical centers or physicians' offices, contending that the transportation service is insufficient or unsatisfactory, may file a written complaint with the City Clerk setting forth such allegations. The City Manager, or his or her designee, shall investigate the matter to determine the validity of the complaint. If the complaint is determined to be valid, the City shall take reasonable and proper actions to secure compliance with the conditions of this Chapter, including modification, suspension or revocation of the franchise under Section 16-7.08.290 of this Chapter.

(Ord. No. 2305, § 1, 12-17-13)

The City Manager, or his or her designee, shall make all necessary and reasonable rules and regulations, subject to the approval of the City Council, covering non-emergency medical transportation businesses, vehicles, personnel, and rates for the effective and reasonable administration of this Chapter. The City Manager, or his or her designee, shall inspect the records, facilities, vehicles and methods of operation whenever such inspections are required or deemed necessary.

(Ord. No. 2305, § 1, 12-17-13)

The City Manager, or his or her designee, after conducting a hearing, may modify, suspend or revoke a franchise to operate a non-emergency medical transportation business when the City Manager, or his or her designee, has found, after investigation, that the franchisee, or any partner, officer, director or employee of the franchisee has done any of the following:

(a) Violated any section of this Chapter, or any other laws relating to a non-emergency medical transportation business, or any laws which relate to the franchise activities;

(b) Has been convicted of any felony;

(c) Has been convicted of any misdemeanor involving moral turpitude or commits an act involving moral turpitude;

(d) Has been convicted of any offense relating to use, sale, possession or transportation of narcotics or habit-forming drugs;

(e) Has committed any act involving dishonesty, fraud or deceit;

(f) Has misrepresented a material fact in obtaining a franchise, or is no longer adhering to the conditions specified in his or her franchise;

(g) Aids or abets an unlicensed or uncertified person to evade the provision of this Chapter; or

(h) Fails to maintain a current city business license for the operation of the franchise.

(Ord. No. 2305, § 1, 12-17-13)

It is unlawful for any person to operate, conduct, advertise or otherwise engage in the transportation of non-emergency medical patients upon the streets or any public right-of-way in the City, except in conformance with a valid franchise issued by the City.

In addition to the provisions of this Chapter providing for modification, suspension or revocation of a franchise, as the case may be, any person violating any of the provisions of this Chapter is guilty of a misdemeanor and is punishable as provided in Section 1.04. and 1.05 of this code. Any franchise holder found to be in violation of any of the provisions setting forth the conditions of the approval contained in the resolution granting the franchise shall be subject to any other penalties and fines not otherwise provided for in this Chapter.

(Ord. No. 2305, § 1, 12-17-13)