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HomeMy WebLinkAboutAgenda Report - January 4, 1984 (21)CITY COUNCIL MEETING January 4, 1984 ORDINANCE Notice thereof having been published in accordance with law REGULATING THE and affidavit of publication being on file in the office of USE AND OPERATION the City Clerk, Mayor Olson called for the Public Hearing to OF AMBULANCES consider a proposed ordinance of the City of Jodi repeal M UPON THE PUBLIC Ordinance No. 756 and reenacting a new Ordinance regulating STREE'15 the use and operation of ambulances upon the public streets within the City of Lodi. Following introduction of the matter by City Attorney Stein, Council, on motion of Council Member Pinkerton, Murphy second, continued the subject public hearing to Wednesday, January 18, 1984 at 8:00 p.m. CC NCIL C011' MUNICATIOrO TO: THE CITY COUNCIL DATE NO. FROM: THE CITY MANAGER'S OFFICE JANUARY 3t 1984 SUBJECT: SUPPLEMENTAL FRANCHISE FOR AMBULANCE BUSINESS If the City Council has no problem, the City Counci 1 could adopt an ordinance which would permit an additional .ambulance business within the City of Lodi, provided said ambulance business meets the criteria set forth in the Municipal Code; with the need and necessity provisions of the reenacted ambulance ordinance thereby being de- leted. Stated another way, would the City Council really disallow another ambulance company from operating within the City of Lodi, if said ambulance company met the criteria as set forth in the ordinance? If not, then I wonder if we need to have a hearing before the City Council before granting a second permit. ALD M. STEIN CITY ATTORNEY RMS:vc ORDINANCE NO. AN ORDINANCE OF THE CITY OF LODI ESTABLISHING REGULATIONS FOR THE APPLICATION FOR SUPPLEMENTAL FRANCHISE FOR THE USE AND OPERATION OF AMBULANCES UPON THE PUBLIC STREETS WITHIN THE CITY OF LODI THE CITY COUNCIL OF THE CITY OF LODI DOES ORDAIN AS FOLLOWS: Section 1. Definitions. (a) The term "ambulance" shall mean any privately -owned emergency vehicle equipped or used for transporting the sick or injured, in need of immediate medical attention, as described in Title 13, California Administrative Code, Section 1100.2(a) and 1100.2(b). (b) The term "person" shall mean any natural person, firm, partnership, association, company, corporation, or organization of any kind. (c) The term "ambulance operator" shall mean a person, firm, partnership, corporation, or other organization which furnished or offers to furnish ambulance service within the City. -1- (d) The term "City" means the City of Lodi. (e) The term "Finance Director" means the Finance Director of the City of Lodi. (f) The term "Mobile Intensive Care Unit" shall mean an ambulance to handle emergency calls and perform medical care as prescribed by the San Joaquin County Emergency Medical Services authority. (g)- The term "Ambulance Crew" shall mean a crew con- sisting of two Emergency Medical Technicians. (h). The term "Ambulance Driver" shall mean a person whose primary responsibility is to drive an ambulance. (i) The term "Ambulance Attendant" shall mean a person whose primary duty it is to care for sick, injured, or disabled person while they are being transported in an ambulance. (j) The term "Emergency Medical Technician 1(A)" shall mean a person certified per State guidelines to care for the sick, injured, or disabled. (k) The term "Emergency Medical Technician - Paramedic" shall mean an individual who is a mobile intensive care -2- paramedic educated and trained in all elements of prehospital advanced life support and whose scope of practice to provide advanced life support is in accor- dance with the standards prescribed by the Emergency Medical Services Authority State of California and has a valid certificate. (1) The term "Ambulance Station" shall mean the prem- ises located within a City from which the ambulance or ambulances shall be housed and operated. (m) The term "Emergency Call" shall mean a request for an ambulance to transport or assist persons in apparent sudden need of medical attention; or, in a medical emergency, as determined by a physician, to transport blood, any therapeutic device, accessory to such device, or tissue or organ for transplant. (n) The term "Emergency Service" shall mean the function performed in response to an emergency call. Emergency service also includes transportation of a body for the purpose of making an anatomical gift. (o) The term "Ambulance Team" shall mean a minimum of two (2) fully trained personnel, consisting of a driver and attendant per Title 13 California Administrative Code Guidelines. -3- Section 2. Permit Required. It shall be unlawful for any person to engage in the business of operating an ambulance in the City of Lodi without first securing a permit so to do from the Finance Director according to each and every requirement of this ordinance and without complying with each and every regulation contained in this ordinance pertaining to the business of carrying or transporting wounded, injured, or sick persons for hire; provided however, that no permit shall be required of any person who delivers but does not pick up wounded, injured, or sick persons in the City to deliver to a point outside the City. Each permittee and ambulance operator shall employ only those persons who have obtained an ambulance driver's or attendant's permit issued by the Department of Motor Vehicles of the State of California. Section 3 - Application for Permit. The ambulance operator upon the filing with the Finance Director of his/her application for ambulance operators permit may obtain the permit required by Section 2 of this ordinance by the payment of a fee to the Finance Dire tor, in an amount to be determined by resolution as adopted from time to time by the City Council. The application shall be signed by the applicant and shall set forth: -4- (a) The name, business, and address of the applicant. (b) The name and address of the owner of the ambulance business. (c) The number and type, age, condition, and patient capacity of each ambulance proposed to be operated by the applicant, stating the make and year of the manufac- ture. (d)' The fact that such ambulances comply with Vehicle Code Sections 2416 and 2418.5, and Title 13 of the California Administrative Code as well as all other State laws and orders applicable to the licensing of emergency vehicles. (e) The color scheme, insignia, name, monogram, or other distinguishing characteristics to be used to designate the private ambulance or private ambulances of the applicant. (f) The location and description of the place or places from which it is intended to operate and the vehicles are to be stored. (g) The schedule of rates proposed to be charged for ambulance service.. -5- (h) The experience of the applicant in the transporta- tion of wounded, injured, and sick persons. (i) The fact that all operators of ambulance or ambu- lances shall hold ambulance drivers' certificates issued by the Department of Motor Vehicles of the State of California. 0 Section 4. Investigation and Report No permit shall be granted within forty (40) days After the date of filing the application with the Finance Director. Upon the filing of an application for an owner's permit, the City Manager shall direct the Chief of Police to cause an investigation to be made of said applicant. The Chief of Police shall require the applicant or any person named in the Application to be fingerprinted and photographed. The City Manager shall file a report with the City Council within thirty days from the date of the filing of the ffm completed application. The report shall include the following information: (a) The report of the investigation conducted by the Chief of Police; (b) The financial responsibility and experience of the applicant. (c) A verification of the matters contained in the application. (d) Such other relevant facts as the City Council may deem advisable or necessary. Section 5 - City Council Hearing. Upon the filing of a fully completed application for a permit to engage in the business of operating an ambulance business, and receipt of the report of the Chief of Police, the City Manager shall present the application and report to the City Council who shall fix a time and place for a public hearing thereon for the purpose of determining that the ' application is complete and that the applicant would meet the criteria for operating an ambulance business within the City of Lodi as set forth in this ordinance. MO Section 6. Notice of hearing. At least ten (10) days' written notice of the time and place set for public hearing shall be given to the applicant and to all persons to whom permits for operation of ambulances have been theretofore issued. 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 in a newspaper of general circulation in the City. One publication shall be made at least ten (10) days before the hearing. Any interested person may file with the City Clerk a memorandum in support of or in opposition to the issuance of the applied for permit. Section 7. Issuance of Ambulance Operator's Permit. The City Council shall grant an ambulance operator's permit if it finds the following: (1) That the vehicles described in the application and proposed to be used comply with all pertinent State laws. (2) That the color scheme, insignia, name, monogram, or other distinguishing characteristics proposed to be used upon such ambulance or ambulances is not in conflict with and does 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. (3) That the application is complete and that the applicant will meet the criteria set forth in this ordinance for operating an ambulance business within the City of Lodi. (4) The City Council in its discretion may determine the total number of ambulances which may be operated under such permit. Section 8. Form of Ambulance Operator's Permit. If the City Council, by resolution, shall find that the application is complete and that the applicant meets the criteria set forth in this ordinance for operating an ambulance business within the City of Lodi, a permit to that effect shall be issued by the Finance Director to the person or persons entitled thereto, and the City Council in its discretion may determine the total number of ambulances which may be operated under such permit. The permit when issued shall state the name and address of the applicant, the number of ambulances that may be operated under said permit, and the date of issuance thereof. No permit authorized hereunder shall be issued to any person who shall not have fully complied with all the requirements of this ordinance. .MM Section 9. Duration of Ambulance Operator's Permit. Every ambulance operator's permit issued pursuant to the provisions of this part shall continue until revoked, subject to revocation in the manner prescribed in this part. It shall not be transferable except as provided by this Part. Section 10. Business License Required. No ambulance operator shall commences, transact or carry on any business in the City without first having procured a license from the City to do so, or without complying with any and all regulations relating to licenses, contained in Chapter 12 of the Lodi City Code. All licenses shall be issued by the Director of Finance and shall be payable at the office of the Director of Finance. Section 11. Transferability of Ambulance Operator's Permit. Application for transfer of any ambulance operator's permit shall be subject to the same terms, conditions, and requirements as if the application were for an original permit. Section 12. Amendments to Permits. Any person holding a permit to operate one or more ambulances as provided in this ordinance, who desires to change :5I110 or amend said permit to substitute a different vehicle, or add another vehicle, for a vehicle operated under said permit, shall do so only when permit holder has notified the City Manager. Section 13. Ambulance Operator's Permit: Suspension or Revocation. The City Council may, by resolution, and after ten (10) days written notice to the ambulance operator and after having held a public hearing at a regular meeting of the City Council following such notice, suspend or revoke an ambulance opera- tor's permit for any of the following grounds: (a) Any ground upon which it might deny the permit in the first instance; (b) In the event of any violation of any provisions of this Part or any part of this ordinance; (c) The failure to pay any judgment for damages arising from the operation of the vehicles, or any provision for which such permit was issued; (d) That the requirements of Section relating to liability insurance requirements are not met or fulfilled. -11- Section 14. Tyl2e of Service. Each operator must provide a minimum of one (1) Mobile Intensive Care Unit staffed and operated per San Joaquin County Technical Advisory Paramedic Committee guidelines. Section 15. Liability Insurance. No owner's permit shall be issued or continued in operation unless there is in full force and effect during the term hereof, a policy of insurance and in such form as the City Attorney may deem proper, executed by an insurance company approved by the City Attorney, whereby the owner and the driver of each of -the vehicles described in said permit are insured against liability for damage to property and for injury to or death of any person as a result of the ownership, operation or other use thereof, the minimum liability limits upon each such vehicle being as adopted from time to time by resolution of the City Council. Such policy of insurance shall contain an endorsement naming the City as an additional insured, and under which it is stipulated that the City is indemnified and held harmless from, and against all costs, expenses, and liability arising out of, or based upon, any and all property damage, or damages for personal injuries, including death, which results or is claimed -12- to have resulted from any act or omission on the part of ambulance operator or ambulance operator's agents or employees. In addition to the additional named insured endorsement _ on ambulance operator's policy of insurance, said insurance policy shall be nndorsed to include the following language: "Such insurance as is afforded by the endorsement for the Additional Insureds shall apply as primary insur- ance. Any other insurance maintained by the City of Lodi or its officers and employees shall be excess only and not contributing with the insurance afforded by this endorsement." Such policy of insurance shall contain an endorsement providing that said policy will not be cancelled until notice in writing shall have been given to the City of Lodi, addressed in care of the City Clerk, City Hall, Lodi, California, at least ten days immediately prior to the time of such cancella- tion shall become effective. A duplicate or certificate of said public liability and property damage insurance containing the above -stated required' endorsements shall be delivered to the City Clerk within ten (10) days after the issuance, and renewal, of said policy. -13- Section 16. Surrender of Suspended or Revoked Permits. All permits which have been suspended or revoked by the City Council shall be surrendered to the Finance Director and _ the operation of all emergency ambulances covered by such permit shall cease and the continued operation thereof shall thereafter constitute a violation of this Part. Section 17. Ambulance Station. An ambulance operator shall establish a station within the City, and must provide an adequate response time consider- ing traffic and street patterns, to any location within the City. All -locations must comply with all applicable zoning and building regulations. Each station shall be adequate to house all drivers, attendants, and ambulances. Section 18. Dispatch. A Mobile Intensive Care Unit shall be the primary unit dispatched to all emergency calls to treat and transport the sick, injured, and disabled person or persons. Should a Mobile Intensive Care Unit not be available, a Basic Life Support Unit shall be dispatched. -14- Section 19. Hours of Operation. Each ambulance operator shall provide service on a seven (7) days per week, twenty-four (24) hours per day basis. Section 20. Transport of Patient. Unless otherwise directed, an ambulance driver shall transport emergency patients to the most accessible emergency hospital equipped, staffed, and prepared to administer care appropriate to the needs of the patients, or as directed by the State or Federal Welfare and Institutions Codes. Exceptions may prevent this policy. Examples are: (a) Private pay patients; (b) Multiple casualties, triage direction; (c) Paramedic directive. Section 21. Notice of Deficiency. The City Manager is authorized to send a written notice of deficiency to any ambulance operator, driver, or attendant,• who fails to comply with these provisions. Failure to correct the deficiency within ten (10) days shall be grounds for suspension or revocation of the ambulance permit. -15- Section 22. Rates to be Charged for Ambulance,Service. The owner of every ambulance operating in the City of Lodi shall file with his application for an ambulance opera- tor's permit, a true and correct schedule of rates to be charged for the transportation of passengers in any and all vehicles operated by said operator. Said rates shall not be changed or modified in any manner without first filing said changed or modified rates with the City Clerk thirty days prior to the effective date of such change or modification. The City Council reserves the right to finally determine and fix by resolution, the rates to be charged by the operator of the ambulance service. 11 NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF LODI TO CONSIDER A PROPOSED ORDINANCE OF THE CITY OF LODI REPEALING ORDINANCE NO. 756 AND REENACTING A NEW ORDINANCE REGULATING THE USE AND OPERATION OF AMBULANCES UPON THE PUBLIC STREETS WITHIN THE CITY OF LODI NOTICE IS HEREBY GIVEN that on January 4, 1984 at the hour of 8:00 p.m. or as soon thereafter as the matter may be heard, the Lodi City Council will conduct a public hearing in the Council Chambers, City Hall, 221 West Pine Street, Lodi, California, to consider a proposed ordinance of the City of Lodi repealing Ordinance No. 756 and reenacting a new ordinance regulating the use and operation of ambulances upon the public streets within the City of Lodi. Information regarding this item may be obtained in the office of the City Clerk at 221 West Pine Street, Lodi, California. A full text of the proposed Ordinance is on file in the City Clerk's Office and can be reviewed during regular business hours. All interested persons are invited to present their views. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein and oral statements may be made at said hearing. Dated: December 7, 1983 By Order of the City Council &,,- %, L ALICE M. R IMCHE City Clerk r § 2-101 Lodi City Code § 2-102 Sec. 2-101. Board of directors, This city council further declares itself to be the board of directors of such industrial development authority, and all the rights, powers, privileges, duties, liabilities, disabilities and immunities vested in such a board under the Act shall be vested in this city council as such board. (Ord. No. 1252, § 3.) Sec. 2-102. Authority. The authority established in the city is the Act and is author- ized to transact business and exercise its powers thereunder by this chapter and shall be known as the "Industrial Development Authority of the City r f Lodi, California." (Ord. No. 1252, § 4.) CHAPTER 2A. Ambulances. Article 1. In General. b 2A-1. Definitions. 12A-2. Establishment of rules and regulations for operation and maintenance. 12A-3. Rate schedule to be filed; adherence to rate schedule required. 12A-4. Only licensed ambulance drivers and attendants to he employed by ambulance service. Article 11. Ambulance Operators' Permits. I2A-S. Required. I2A-6. Exceptions. 12A-7. Application; fee. 12A-8. Investigation; fingerprinting and photographing of applicant. 12A-9. Council hearing to determine public convenience and necessity - R eq u iTed. I2A-10. Sane -Notice. 12A-1 1. Liability insurance required. 12A-12. Prerequisites to issuance. 12A-13. Issuance; contents. I1A-1;. Term. I2A-1S. Transferability. 12A-16. Substitution tf vehicles, 12A-17. Daily operation of ambulance service required; failure grounds rot revocation of permit. ¢ 2A-18. Revocation or suspension -City council. 4 1A-19. Same -Chief of police. (Lodi 10.31) 32.2f C C N 2A-5 LODI CITY CODE § 2A-7 Article 11. Ambulance Operators' Parmits. Sec. 2A-5. Required. It shall be unlawful for any person to engage in the business of operating an ambulance in the city without first securing a permit so to do from the city according to each and every requirement of this chapter and without complying with each and every regulation con- tained in this chapter pertaining to the business of carrying or trans- porting wounded, injured or sick persons for hire. (Ord. No. 756, g 2.) Sec. 2A-6. Exceptions. No ambulance operator's permit shall be required of any person who delivers but does not pick up wounded, injured or sick persons in the city or of any person who picks up wounded, injured or sick per- sons in the city to deliver to a point outside the city. (Ord. No. 756, Sec. 2A-7. Application; fee. • Any person desiring to obtain the permit required by section 2A-5, shalt pay a fee of ten dollars to the city clerk, and shall make appli- cation for such permit to the city council. The application shall be signed by the applicant and shall set forth: (a) The name, business and address of the applicvint. (b) The name and address of the owner of the ambulance busi- ness. (c) The number and type, age, condition and patient capacity of each ambulance proposed to be operated by the applicant, stating the make and year of manufacture. (d) The fact that such ambulances comply with sections 2416, 2418, 21714 of the Vehicle Code of the state and Title 13 of the Administrative Code of the state as well as all other state laws and orders applicable to the liccnsing of emergency vehicles. 32.4 Supp. 11-63 C k k 2A -I AMBULANCES § 2A-4 Article I. In General. Sec. 2A-1. Definitions. For the purlN►w-s of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Ambulance. Any privately -owned vehicle equipped or used for transporting the wounded, injured or sick, including, but is not re- stricted to, en►erg-ency vehicles used for such purpose. Ambulance wwrator. Any person engaged in the business of carry- ing or transpoirting wounded, injured or sick persons for hire over and along public streets. ( Ord. No. 756, § 1.) Sec. 2A-2. Establishment of rules and regulations for opera- tion and maintenance. The city comicil by resolution may prescribe rules and regulations for the operatiot, and maintenance of ambulance service. (Ord. No. 756, § 14.) Sec. 2A-3. Rate schedule to be filed; adherence to rate sched- ule required. The owner ►►f every ambulance operating in the city shall file, with his applicatiu►► f,►r an operator's permit, a true and correct schedule of rates to be charged for the transportation of passengers in all ve- hicles operates) by such owner. Such rates shall not be changed or modified in any manner without first filing the changed or modified rates with the city council thirty days prior to the effective date of such change or modification. The city comicil reserves the right to finally determine and fix, by resolution, the rates to be charged by the operator of the ambulance service. (Orel. No. 756, § 13.) Sec. 2A-4. Only licensed ambulance drivers and attendants to be employed by ambulance service. Each permitter and ambulance operator under this chapter shall employ only those persons who have obtained an ambulance drivers or attendant's lwrmit issued by the department of motor vehicles of the state. (Ord. No. 756, § 2.) '12.3 S11pt►. 1 I -63 12A-8 AMBULANCES 2A-9 j (e) The color scheme, insignia, name, monogram or other dis- tinguishing characteristics to be used to designate the private ambulanc- or private ambulances of the applicant. (f) The location and description of the place from which the business is intended to operate and the vehicles are to be stored. (g) The schedule of rates proposed to be charged for ambulance service. (h) The experience of the applicant in the transportation of wounded, injured and sick persons. I (i) The fact that all operators of ambulances shall held ambu- lance drivers' certificates issued by the department of motor vehicles of the state. (j) Any facts which the applicant believes tend to prove that pub- lic convenience and necessity require the granting of a per- mit and such other information as the city council may re- quire. ( Ord. No. 756, S 3.) Sec. 2A-8. investigation; fingerprinting and photographing of applicant. Upon the filing of an application for an ambulance operator's per - ►nit, the city clerk shall direct the chief of police to cause an investiga- tion to be made and file a report within thirty days from the date of filing of the application. 'Me chief of police shall require the ap- plicant or any person named in the application to be fingerprinted and photographed. ( Ord. No. 756, § 3.) Sec. 2A-9. Council hearing to determine pull?c convenience and necessity --Required. Upon the filling of a fully completed application for a permit to engage in the business of operating an ambulance, and receipt of the report of the chief of police, the city clerk shall present the application to the city council who shall fix a time for a public hearing thereon for the purpose of determining whether the public convenience and necessity require the proposed service. No permit shall be granted until the council shall, after investigation and hearing, declare by res- olution that the public convenience and necessity require the propo.ard I 32.5 Stapp. I 1 -fit § 2A-10 LODI CITY CODE § 2A-12 service and that the same will promote the convenience, safety and welfare of the general public. (Orsi. No. 756, § 4.) Sec. 2A-10. Same Notice. Notice of the hearing required by section 2A-9 shall be given to all persons to whom permits for operation of ambulances have been theretofore issued. Notice of the time and place of the public hear- ing before the city council shall also be given to the general publk by causing a notice of such hearing to be published in a newspaper of general circulation in the city. One publication shall be made at least five days before the hearing. ( Ord. No. 756, § 5.) Sec. 2A-11. Liability insurance required. No ambulance operator's permit shall he issued or continued in operation unless there is in full force and effect a policy of. insurance in such form as the city attorney may deem proper, executed by an insurance company approved by the city attorney, whereby the owner and the driver of each of the vehicles described in such permit are insured against liability for damage to property and for injury to or death of any person as a result of the ownership, operation or other use thereof, the minimum liability limits upon each such vehicle be- ing not Iess than one hundred thousand dollars on account of personal injury to or death of any une person in any cne accident and two hun- dred thousand dollars on account of personal injuries to or death of two or more persons in any one accident, and the minimum liability limits upon each such vehicle being not less than fifteen thousand dol- lars for damage to or destruction of property in any one accident. Such policy of insurance shall contain an endorsement providing that the policy will not b, cancelled until notice in writing shall have been given to the city addressed in carr of the City Clerk, City Hall, Lodi, California, at least ten days immediately prior to the time such cancellation shall become effective. (Ord. No. 756, § 12.) Sec. 2A-12. Prerequisites to issuance. Upon completing its investigation and hearing pursuant to section 2A-9 the city council shall grant the applicant an ambulance operator's permit if it finds: (a) That the vehicle- described in the application and proposed to be used comply with .0 pertinent state laws. 92.6 3npp. 11-63 § 2A-15 AMBULANCES 2A-14 (b) That the color scheme, insignia, name, monogram or other j distinguishing characteristics proposed to be used upon such ambu- lances is not in conflict with -and does 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 mis- lead, 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 provi- sions of this chapter and such rules and regulations as may be pro- mulgated by the city council. In making such finding the city coun- cil :;hall 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 truffic conditions and the character, experience and responsibility of the applicant. ( Ord. No. 756, $ 6.) Sec. 2A-13. Issuance: contents. If the city council, by resolution, shall find and declare that pub- lic convenience and necessity require the proposed ambulance service or will admit additional ambulance service, a permit to that effect shall be issued by the city clerk to the person entitled thereto, and the city council in its discretion shall determine the total number of ambulances which may be operated under such permit. The permit when issued shall state the name and adr'ress of the applicant, the number of ambulances that may be operated under such permit and the date of issuance thereof. No permit authorized under this article shall be issued to any person who shall not have fully complied with all the requirements of this chapter ( Ord. No. 756, 1 2.) Sec. 2A-14. Tenn. An ambulance operator's permit issued pursuant to this article shall continue to be valid from the date of issuance until the conditions stated in the application have been changed or the permit is suspend- ed or revoked by the city council for any of the reasons set forth in this chapter. ( Ord. No. 756, $ 8.) 32.7 Stipp. I 1-R9 W § 2A-15 LODI CITY CODE § 2A-18 { Set. 2A-15. Transferability. If the ambulance operator to whom an ambulance operator's permit has been issued desires to sell or transfer his business, the interested buyer or transferee shall make application for an ambulance operator's permit as required by this article accompanied by an airaavit of seller of intention to surrender and cancel the permit held by such ambulance operator conditionally upon and concurrently with con. summation of such sale and issuance of a permit in the name of the buyer. If a buyer -applicant or tranferee-applicant for a permit meets all the requirements set forth in this chapter for issuance of an am- bulance operator's permit, the city council shall issue a new permit to the buyer -applicant and concurrently therewith cancel the seller's permit. (Ord. No. 756, 1 10.) Sec. 2A-16. Substitution of vehicles. Any person holding a permit to operate one or more ambulances as provided in this chapter who desires to change or amend such per- mit to substitute a different vehicle or add another vehicle for a ve- hicle operated under such permit shall do so only when there has been obtained permission therefor from the city clerk. Such permission shall be granted upon written application setting forth the particulars of such proposed substitution or addition, and upon otherwise com- plying with the requirements of this chapter. (Ord. No. 756, $ 11.) Sec. 2A-17. Daily operation of ambulance service required: failure grounds for revocation of permit. Every person to whom an ambulance operator's permit has been issued shall regularly and daily operate his business during each day of the license year to the extent reasonably necessary to meet the public demand for such service. Upon an ambulance operator's fail - tire to provide such service, the city clerk may, upon five days' writ- ten notice to the holder of such permit, and unless good and sufficient c.use for such abandonment is evidenced, revoke such permit. (Ord. No. 756, 4 15.) Sec. 2A-18. Revocation or suspension --City council. The city council may at any time revoke, suspend or change, after notice to and an opportunity of hearing being given to the holder ' 32.8 &$pp. § 2A-19 Ambulances § 2A-19 thereof, a permit granted if the ambulance operator or driver or attendant fails to operate an ambulance authorized under this chapter in accordance with the provisions of the applicable state law and this chapter. All permits which shall have been sus- pended or revoked by the city council shall be surrendered to the city clerk and the operation of all ambulances covered by such permits shag ::ease, and the continued operation thereof shall thereafter constitute a violation of this chapter. (Ord. No. 756, § 9.) Sec. 2A-19. Same—Chief of police. The chief of police may suspend or revoke any ambulance operator's permit upon finding that the permit holder no longer complies in full with the conditions of this application and this chapter. (Ord. No. 756, § 16.) CHAPTER 3. Animals and Fowl. 13-1. Public pound to be maintained. 3-2. Powers and duties of animal control officer generally. 3-3. Uvestock within city limits. 34. Number of dogs/cats permitted within the city. 3-5. Dogs and cats over certain age—Permit required to keep. 3.6. Dogs and cats over certain age must be registered. 3-7. Dog and at registration fee. 3-8. Annual registration fee—Due date—ftnalties for delinquent paymcnt. 3-9. "Seeing Eye" dogs—Permit. 3 -lo. Registered dogs and cats must wear collar identification tag attached. ; 3-11. Replacement of lost identification rags. ; 3-12. Dogs over certain age must be vaccinated. 3-13. Vaccination—Prerequisite to obtaining permit. 3-14. Excvptions. 3-15. Business license fee for raising dogs and cats. 3-16. Dogs or cats which Wure persons or damage pruperty. 3.17. Procedure when rabies exists in city or surrounding areas. 3.18. Procedure when dog or at bites person. 3-19. f` 3-20. Animal control ifficer's duties to impound animals. Redemption of impounded animab or fowl. 33 (Lodi 6-90) ORDINANCE NO. AN ORDINANCE OF THE CITY OF LODI REPEALING ORDINANCE NO. 756 AND REENACTING A NEW ORDINANCE REGULATING THE USE AND OPERATION OF AMBULANCES UPON THE PUBLIC STREETS WITHIN THE CITY OF LODI THE CITY COUNCIL OF THE CITY OF LODI DOES ORDAIN AS FOLLOWS: Section 1. Definitions. (a)* The term "ambulance" shall mean any privately -owned vehicle equipped or' used for transporting the sick, injured, or in the need of immediate medical attention, but shall not be restricted to emergency vehicles used for such service. (b) The term "person" shall mean any natural person, firm, partnership, association, company, corporation, or organization of any kind. (c) The term "ambulance operator" shall mean a person, firm, partnership, corporation, or other orgarization which furnished or offers to furnish ambulance service within the City. -1- (d) The telui "City" means the City of Lodi. (e) The term "Finance Director" means the Finance Director of the City of Lodi. (f) The term "Mobile Intensive Care Unit" shall :mean an ambulance to handle emergency calls and perform medical care as prescribed by the San Joaquin County Emergency Medical Services authority. (g) The term "Ambulance Crew" shall mean a crew con- sisting of two Emergency Medical Technicians. (h)• The term "Ambulance Driver" shall mean a person whose primary responsibility is to drive an ambulance. (i) The term "Ambulance Attendant" shall mean a person whose primary duty it is to care for sick, injured, or disabled person while they are being transported in an ambulance. 10 (j) The term "Emergency Medical Technician 1(A)" shall mean a person certified per State guidelines to care for the sick, injured, or disabled. (k) The term "Emergency Medical Technician - Paramedic" shall mean an individual who is a mobile intensive care -2- paramedic educated and trained in all elements of prehospital advanced life support and whose scope of practice to provide advanced life support is in accor- dance with the standards prescribed by the Emergency Medical Services Authority State of California and has a valid certificate. (1) The term "Ambulance Station" shall mean the prem- ises located within a City from which the ambulance or ambulances shall be housed and operated. (m) The term "Emergency Call" shall mean a request for an ambulance to transport or assist persons in apparent sudden need of medical attention= or, in a medical emergency, as determined by a physician, to transport blood, any therapeutic device, accessory to such device, or tissue or organ for transplant. (n) The term "Emergency Service" shall mean the function performed in response to an emergency call. Emergency service also includes transportation of a body for the purpose of making an anatomical gift. (o) The term "Ambulance Team" shall mean a minimum of two (2) fully trained personnel, consisting of a driver and attendant per Title 13 California Administrative Code Guidelines. -3- Section 2. Permit Required. It shall be unlawful for any person to engage in the business of operating an ambulance in the City of Lodi without first securing a permit so to do from the Finance Director according to each and every requirement of this ordinance and without complying with each and every regulation contained in this ordinance pertaining to the business of carrying or transporting wounded, injured,- or sick persons for hire; provided however, that no permit shall be required of any person who delivers but does not pick up wounded, injured, or sick persons in the City to deliver to a point outside the City. Each permittee and ambulance operator shall employ only those persons who have obtained an ambulance driver's or attendant's permit issued by the Department of Motor Vehicles of the State of California. Section 3 - Ap 1p ication for Permit. The ambulance operator upon the filing with the Finance Director of his/her application for ambulance operators permit may obtain the permit required by Section 2 of this ordinance by the payment of a fee to the Finance Director, in an amount to be determined by resolution as adopted from time to time by the City Council. The application shall be signed by the applicant and shall set forth: -4- (a) The name, business, and address of the applicant. (b) The name and address of the owner of the ambulance business. (c) The number and type, age, condition, and patient capacity of each ambulance proposed to be operated by the appli^_ant, stating the make and year of the manufac- ture. (d) The fact that such ambulances comply with Vehicle Code Sections 2416 and 2418.5, and Title 13 of the California Administrative Code as well as all other State laws and orders applicable to the licensing of emergency vehicles. (e) The color scheme, insignia, name, monogram, or other distinguishing characteristics to be used to designate the private ambulance or private ambulances of the applicant. (f) The location and description of the place or places from which it is intended to operate and the •ehicles are to be stored. (g) The schedule of rates proposed to be charged for ambulance service. -5- (h) The experience of the applicant in the transporta- tion of wounded, injured, and sick persons. (i) The fact that all operators of ambulance or ambu- lances shall hold ambulance drivers' certificates issued by the Department of Motor Vehicles of the State of California. (j) Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a permit and such other information as the City Council may require. Section 4. Investigation and Report No permit shall be granted within forty (40) days after the date of filing the application with the Finance Director. Upon the filing of an application for an owner's permit, the City Manager shall direct the Chief of Police to cause an investigation to be made of said applicant. The Chief of Police shall require the applicant or any person named in the application to be fingerprinted and photographed. The City Manager shall file a report with the City Council within thirty days from the date of the filing of the -6- completed application. The report shall include the following information: (a) The report of the investigation conducted by the Chief of Police= (b) The demand by the public for additional ambulance service within the City. (c) The adequacy of existing ambulance service within the City to which the application refers. (d) applicant. - The financial responsibility and experience of the (e) Whether additional ambulance service will result in more effective and economical service to the public within the City to which the application refers. (f) A verification of the matters contained in the application. (g) Such other relevant facts as the City Council may deem advisable or necessary. Section 5 - City Council Hearing. -7- Upon the filing of a fully completed application for a permit to engage in the business of operating an ambulance business, and receipt of the report of the Chief of Police, the City Manager shall present the application and report to the City Council who shall fix a time and place for a public hearing thereon for the purpose of determining whether the public convenience and necessity require the proposed service. No permit shall be granted until the City 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. Section 6. Notice of Hearing. At least ten (10) days' written notice of the time and place set for public hearing shall be given to the applicant and to all persons to whom permits for operation of ambulances have been theretofore issued. 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 in a newspaper of general circulation in the City. One publication shall be made at least ten (10) days before the hearing. -8- Any interested person may file with the City Clerk a memorandum in support of or in opposition to the issuance of the applied for permit. Section 7. Issuance of Ambulance Operator's Permit. The City Council shall grant an ambulance operator's permit if it finds the following: (I) That the public convenience and necessity requires addi- tional ambulance service within the City. The Council, in making its finding, shall consider the City Manager's report and recommendation, the factual matters as verified in the application, the memoranda or other written materials on file, the matters elicited in the public hearing, and its own investigation of the subject matter. (2) That the vehicles described in the application and proposed to be used comply with all pertinent State laws. (3) That the color scheme, insignia, name, monogram, or other distinguishing characteristics proposed to be used upo such ambulance or ambulances is not in conflict with and does 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. -9- (4) The City Council in its discretion shall determine the total number of ambulances which may be operated under such permit. Section 8. Form o: Ambulance Operator's Permit. If the City Council, by resolution, shall find and declare that public convenience and necessitz require the proposed ambulance service or will admit additional ambulance service, a permit to that effect shall be issued by the Finance Director to the person or persons entitled thereto, and the City Council in its discretion shall determine the total number of ambulances which may be operated under such permit. The permit when issued shall state the name and address of the applicant, the number of ambulances that may be operated under said permit, and the date of issuance -thereof. No permit authorized hereunder shall be issued to any person who shall not have fully complied with all the requirements of this ordinance. Section 9. Duration of Ambulance Operator's Permit. Every ambulance operator's permit issued pursuant to the provisions of this part shall continue until revoked, subject to revocation in the manner prescribed in this part. It shall not be transferable except as provided by this Part. -10- Section 10. Business License Required. No ambulance operator shall commence, transact or carry on any business in the City without first having procured a license from the City to do so, or without complying with any and all regulations relating to licenses, ccntained in Chapter 12 of the Lodi City Code. All licenses shall be issued by the Director of Fina.ce and shall be payable at the office of the Director of Finance. Section 11. Transferability of Ambulance Operator's Permit. Application for transfer of any ambulance operator's permit shall be subject to the same terms, conditions, and requirements as if the application were for an original permit with the exception that the transferee shall be deemed to have established prima facie evidence of the public convenience and necessity for the ambulances actually licensed, permitted and in operation on the date of transfer. Sect -ion 12. Amendments to Permits. Any person holding a permit to operate one or more ambulances as provided in this ordinance, who desires to change or amrrnd said permit to substitute a different vehicle, or add another vehicle, for a vehicle operated under said permit, shall do so only when permit holder has notified the City Manager. -11- Section 13. Ambulance operator's Permit: Suspension or Revocation. The City Council may, by resolution, and after ten (10) days written notice to the ambulance operator and after having held a public hearing at a regular meeting of the City Council following such notice, suspend or revoke an ambulance opera- tor's permit for any of the following grounds: (a) Any ground upon which it might deny the permit in the first instance; (b) In the event of any violation of any provisions of this Part or any part of this ordinance= (c) The failure to pay any judgment for damages arising from the operation of the vehicles, or any provision for which such permit was issued; (d) That the requirements of Section 15 relating to liability insurance requirements are not met or fulfilled; (e) or that the public convenience, necessity and safety would be best served by such revocation or suspension of the ambulance operator's permit or ambulance business operated by such ambulance operator. -12- Section 14. Type of Service. Each operator must provide a minimum of one (1) Mobile Intensive Care Unit staffed and operated per San Joaquin County Technical Advisory Paramedic Committee guidelines. Section 15. Liability Insurance. No owner's permit shall be issued or continued in operation unless there is in full force and effect during the term hereof, a policy of insurance and in such form as the City Attorney may deem proper, executed by an insurance company approved by the City Attorney, whereby the owner and the driver of each of the vehicles described in said permit are insured against liability for dama4e to property and fo: injury to or death of any person as a result of the ownership, operation or other use thereof, the minimum liability limits upon each such vehicle being as adopted from time to time by resolution of the City Council. Such policy of insurance shall contain an endorsement naming the City as an additional insured, and under which it is stipulated that the City is indemnified and held harmless from and against all costs, expenses, and liability arising out of, or based upon, any and all property damage, or damages for personal injuries, including death, which results or is claimed -13- to have resulted from any act or omission on the part of ambulance operator or ambulance operator's agents or employees. In addition to the additional named insured endorsement on ambulance operator's policy of insurance, said insurance policy shall be endorsed to include the following language: "Such insurance as is afforded by the endorsement for the Additional Insureds shall apply as primary insur- ance. Any other insurance maintained by the City of Lodi or its officers and employees shall be excess only and not contributing with the insurance afforded by this endorsement." Such policy of insurance shall contain an endorsement providing that said policy will not be cancelled until notice in writing shall have been given to the City of Lodi, addressed in care of the City Clerk, City Nall, Lodi, California, at least ten days immediately prior to the time of such cancella- tion shall become effective. A duplicate or certificate of said public liability and property damage insurance containing the above -stated required endorsements shall be delivered to the City Clerk within ten (10) days after the issuance, and renewal, of said policy. -14- Section 16. Surrender of Suspended or Revoked Permits. All permits which have been suspended or revoked by the City Council shall be surrendered to the Finance Director and the operation of all emergency ambulances covered by such permit shall cease and the continued operation thereof shall thereafter constitute a violation of this Part. Section 17. Ambulance Station. An ambulance operator shall establish a station within the City, ari must provide an adequate response time consider- ing traffic and street patterns, to any location within the City. All locations must comply with all applicable zoning and building regulations. Each station shall be adequate to house all drivers, attendants, and ambulances. Section 18. Dispatch. A Mobile Intensive Care Unit shall be the primary unit dispatched to all calls to treat and transport the sick, injured, and disabled person or persons. Should a Mobile Intensive Care Unit not be available, a Basic Life Support Unit shall be dispatched. -15- Section Ig. Hours of Operation. Each ambulance operator shall provide service on a seven (7) days per week, twenty-four (24) hours per day basis. Section 20. Transport of Patient. Unless otherwise directed, an ambulance driver shall transport emergency patients to the most accessible emergency hospital equipped, staffed, and prepared to administer care appropriate to the needs of the patients, or as directed by the State or Federal Welfare and Institutions Codes. Exceptions may prevent this policy. Examples area (a) Private pay patients; (b) Multiple casualties, triage directions (c) Paramedic directive. Section 21. Notice of Deficiency. The City Manager is authorized to send a written notice of deficiency to any ambulance operator, driver, or attendant, who fails to comply with these provisions. Failure to correct the deficiency within ten (10) days shall be grounds for suspension or revocation of the ambulance permit. -16- Sectio, n 22. Rates to be Charged for Ambulance Service. The owner of every ambulance operating in the City of Lodi shall file with his application for an ambulance opera- tor's permit, a true and correct schedule of rates to be charged for the transportation of passengers in any and all vehicles operated by said operator. Said rates shall not be changed or modified in any manner without first filing said changed or modified rates with the City Clerk thirty days prior to the effective date of such change or modification. The City Council reserves the right to finally determine and fix by resolution, the rates to be charged by the operator of the ambulance service. NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF LODI TO CONSIDER CERTAIN RECONbIENDED AMENDMENTS TO SECTION 27-13 (b), OFF-STREET PARK I NG REQUIREMENTS, OF THE MUNICIPAL CODE NOTICE IS HEREBY GIVEN that on Wednesday, January 4, 1984 at the hour of 8:00 p.m. or as soon thereafter as the matter may be heard, the Lodi City Council will conduct a public hearing in the Council Chambers, City Hall, 221 West Pine Street, Lodi, California, to consider certain recommended amendments to Section 27-13 (b), Off Street Parking Requirements, of the Municipal Code. Information regarding this item may be obtained in the office of the Community Development Director at 221 West Pine Street, Lodi, California. All interested persons are invited to present their views either for or against the above proposal. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein and oral statements may be made at said hearing. Dated: January 4, 1984 By Order of the City Council &W % dc./ ALICE M. REIMCHE City Clerk Attached hereto is a copy of our 1963 Ambulance Ordinance which it is felt, should be updated to reflect more current form. In this regard, attached hereto is a draft revised ambulance ordinance for your review and consideration. The new draft is basically the same as our previous ordinance; there are only minor changes of a technical nature. This draft has been reviewed by the appropriate City staff, as well as Mike Nilssen of Lodi Ambulance Service. I am including this draft in your packet at this time so that your will have ample time to review and indicate if you wish to have same placed on the agenda for a future Council meeting. Please let me have your comments at your convenience. Thank you. ONALJ D R. STEIN City Attorney RMS:vc attachments • z MEMORANDUM To: Honorable Mayor and Council Members From: City Attorney Date: December 1, 1983 Re: Draft Ambulance Ordinance Attached hereto is a copy of our 1963 Ambulance Ordinance which it is felt, should be updated to reflect more current form. In this regard, attached hereto is a draft revised ambulance ordinance for your review and consideration. The new draft is basically the same as our previous ordinance; there are only minor changes of a technical nature. This draft has been reviewed by the appropriate City staff, as well as Mike Nilssen of Lodi Ambulance Service. I am including this draft in your packet at this time so that your will have ample time to review and indicate if you wish to have same placed on the agenda for a future Council meeting. Please let me have your comments at your convenience. Thank you. ONALJ D R. STEIN City Attorney RMS:vc attachments