Wasco Municipal Code Ch. 5.52 Ambulances

Sections:

5.52.010 Definitions. 5.52.020 Certificate of public convenience and necessity--Required. 5.52.030 Certificate of public convenience and necessity--Application. 5.52.040 Certificate of public convenience and necessity--Investigation of applicant. 5.52.050 Certificate of public convenience and necessity--Public convenience and necessity--Public hearing before city manager. 5.52.060 Certificate of public convenience and necessity--Issuance. 5.52.070 Certificate of public convenience and necessity--Notice of decision by city manager. 5.52.080 Certificate of public convenience and necessity--Existing businesses--Presumption of public convenience and necessity. 5.52.090 Certificate of public convenience and necessity--Nontransferable. 5.52.100 Certificate of public convenience and necessity--Suspension and necessity. 5.52.110 Compliance with state law required. 5.52.120 Ambulance service charges. 5.52.130 Liability insurance. 5.52.140 Replacement of vehicle. 5.52.150 Right of appeal to city council. 5.52.160 Violation--Penalty.

As used in this chapter, the following definitions shall apply:

"Ambulance" means any motor vehicle used primarily to transport move or convey a sick or injured person, excluding wheelchair vans and medi-van type vehicles.

"Ambulance business" means the business of owning, operating, managing or maintaining as principal or agent and ambulance defined as in this section.

"Ambulance service charges" means any charge, fare or other consideration for ambulance service.

"Certificate holder" means any person to whom a certificate of public convenience and necessity has been issued under the provisions of this chapter and which certificate has not been revoked.

"Health officer" means the public official in charge of emergency medical services for the County of Kern, state of California, or his duly authorized representative.

"Operation within the city" means the receiving, picking up or embarking within the city of a sick or injured person for transportation or conveyance to any point within or without the city, except where requested by certificate holder or public safety agency. (Ord. 473 §1, 2002).

No person shall engage in the ambulance business without first obtaining a certificate of public convenience and necessity as provided in this chapter from the city manager or the city council and this certificate shall be in addition to any business license required by city ordinance. (Ord. 473 §1, 2002).

Any person desiring to obtain a certificate of public convenience and necessity shall make application therefor upon forms available from the office of the city manager. Each application shall be accompanied by a policy of insurance in the amount provided for by this chapter. The application shall include the following information:

A. The name of the applicant and trade name, if any, under which he intends to conduct his business; or if a corporation, its name, date and place of incorporation, address of its principal place of business, and the names of its principal officers, together with their respective residence addresses; or if a partnership, association or unincorporated company, the names of the partners, or of the persons comprising such association or company, and the business and resident address of each partner, or persons;

B. A description of each ambulance or other vehicle used or proposed to be used by the applicant, together with the name of the manufacturer, serial numbers state motor vehicle license number, and the number of the emergency vehicle permit issued by the California Highway Patrol;

C. The address and a description of the premises at and from which it is proposed to maintain and operate such ambulances;

D. The applicant shall furnish any and all additional information as the city manager may in his description require; and

E. An application fee of one hundred twenty-five dollars shall be submitted with each application; the application fee shall be in addition to any business license fee, which the applicant shall be required to pay. (Ord. 473 §1, 2002).

applicant.

A. Chief Law Enforcement Officer. It shall be the duty of the chief law enforcement officer to cause an investigation to be made of the moral character of the applicant and his financial responsibility. The chief law enforcement officer shall also determine if the motor vehicles described in the application are fit and suitable for use as ambulances.

B. Health Officer. It shall be the duty of the health officer to cause an investigation to be made of the premises and the motor vehicles described in the application for the purpose of determining the fitness and suitability of such premises and motor vehicles for the ambulance business. The health officer shall also determine whether the applicant has complied with the laws of the state and the ordinances of the city relating to health, safety and sanitation. (Ord. 473 §1, 2002).

convenience and necessity--Public hearing before city manager.

A. Upon the filing of an application, the city manger shall fix a time and place for public hearing thereon.

B. Ten days written notice of the hearing shall be given to the applicant by registered mail and to all persons to whom certificates of public convenience and necessity have previously been issued.

C. Notice shall be given to the general public by posting the time and place of the hearing in the city hall of the city.

D. Any interested person may file with the city manager a memorandum in support of or in opposition to the issuance of a certificate. (Ord. 473 §1, 2002).

The city manager shall not issue a permit under this chapter unless he finds:

A. That the applicant is financially responsible;

B. That the applicant is of good moral character and that the officers of the applicant are of good moral character;

C. That the applicant has satisfied the requirements of this chapter and has complied with all laws of the state ordinances of the city and regulations of Kern County emergency medical services applicable to the proposed business operation;

D. That insurance policies as required by this chapter have been procured;

E. That each private ambulance described in the application is adequate and safe for the purpose for which it is to be used, and that it is equipped as required by this chapter and the laws of the state;

F. That the public convenience and necessity require the operation of such private ambulance business within the limits of the city. (Ord. 473 §1, 2002).

by city manager.

The city manager shall give the applicant written notice of his decision to grant a certificate of public necessity and convenience and shall state the reasons for his decision. (Ord. 473 §1, 2002).

businesses--Presumption of public convenience and necessity.

Every person maintaining an office and ambulance facility and operating an ambulance business within the city for a period of six months or more prior to the effective date of the ordinance codified in this chapter shall be presumed, in the absence of any contrary evidence and finding of the city manager, to have provided prima facie evidence of public convenience and necessity, and the city manager, upon application received not later than fifteen days after the effective date of the ordinance codified in this chapter, shall grant a certificate of public convenience and necessity. (Ord. 473 §1, 2002).

No certificate of public convenience and necessity granted pursuant to this chapter shall be transferable. (Ord. 473 §1, 2002).

necessity.

A. A certificate of public convenience and necessity may be revoked by the city manager upon the following grounds:

1. The certificate holder knowingly and after written notice from the city manager fails to operate his business in accordance with the provisions of this chapter and any and all state and federal laws applicable to the ambulance business;

2. The certificate holder has committed acts or carried on a course of conduct which the city manager, after hearing, establishes a lack of good moral character;

3. The certificate holder has abandoned its operation of the ambulance business for a period of thirty days, act of God, labor disputes, and other acts beyond the control of the certificate holder, which cause abandonment of limitation of service shall not be considered an abandonment within the meaning of this section.

B. No suspension or revocation shall be made effective until a hearing has been held by the city manager. The certificate holder shall have not less than ten days notice of the hearing by registered mail. (Ord. 473 §1, 2002).

No certificate of public convenience or necessity shall be issued until satisfactory proof of compliance with state laws in respect to ambulance operations is furnished the city manager. (Ord. 473 §1, 2002).

Charges for ambulance services shall be set from time to time by the city council by resolution and shall be placed on file with the city clerk. (Ord. 473 §1, 2002).

A. No certificate of public convenience and necessity shall be issued unless there is on file with the city an insurance policy approved by the city manager whereby the owner and the driver of each of the vehicles described in the certificate are insured against liability for damage to property and for injury to or death of any person resulting from the ownership, operation or other use thereof. The policy shall be in the sum of not less than five hundred thousand dollars for personal injury or death of any one person in any single accident and one million dollars on account of personal injuries to the death of two or more persons in any one accident, and the limits on each such vehicle shall not be less than one hundred thousand dollars for damage to or destruction of property in any one accident.

B. The insurance policy shall contain an endorsement providing that the policy of insurance will not be canceled until notice in writing has been given to the city addressed to the City Manager, City Hall, 746 8th Street, Wasco, California, at least thirty days prior to the time each cancellation becomes effective.

C. The insurance policy must be issued by a solvent and responsible company admitted to do business in this state. The policy shall further provide that there shall be a continuing liability thereon, notwithstanding any recovery on the policy. If, at any time, the insurance policy is canceled by the company issuing the same or the authority of said company to do business in the state shall be revoked, the certificate holder shall replace the policy with another policy approved by the city manager. (Ord. 473 §1, 2002).

Whenever a certificate holder replaces a vehicle, he shall file with the city manager a description of the vehicle to be abandoned and a description of the vehicle to be replaced in use. (Ord. 473 §1, 2002).

A. All suspensions, revocations, refusals or denials of certificates of public convenience and necessity and of ambulance driver’s and attendant’s permits shall be subject to appeal to the city council.

B. For this purpose any person aggrieved by a decision of the city manager or the chief law enforcement officer may appeal to the city council for a hearing within fifteen days after mailing of notice of such decision.

C. The application for review must be in writing and shall be filed with the city clerk.

D. The applicant shall be given five days prior notice by registered mail of the time and place set for the hearing.

E. The decision of the city council in an appeal shall be final and conclusive. (Ord. 473 §1, 2002).

Any person, firm or corporation who violates any provision of this chapter is guilty of a misdemeanor, and, upon conviction thereof shall be punishable by a fine of not more than five hundred dollars or by imprisonment for not to exceed six months or both by such fine and imprisonment. (Ord. 473 §1, 2002).