HomeMy WebLinkAboutOrdinances - No. 1347\
ORDINANCE NO. 1347
AN ORDINANCE OF THE CITY OF LODI
REPEALING ORDINANCE NO. 1306 AND REENACTING A NEW ORDINANCE
REGULATING THE USE AND OPERATION OF AMBULANCES UPON
THE PUBLIC STREETS WITHIN THE CITY OF LODI.
THE CITY OF LODI DOES ORDAIN AS FOLLOWS:
Section 1. Definitions. .......................
(a) The term fTAmbulancetT shall mean any privately-owned
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 "Ambulance Provider" shall mean a person,
firm, partnership, corporation, or other organization
which furnished or offers to furnish ambulance service
within the City.
(c) The term "Ambulance Service" shall mean 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 this
City.
(d) The term "Ambulance Station" shall mean the
premises located withsin a City from which the ambulance
or ambulances shall be housed and operated.
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(e) The term !(City" means the City of Lodi.
(f) 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.
(g) The term "Emergency Medical Technician 1(A)" shall
mean a person certified per State guidelines to care for
the sick, injured, or disabled.
(h) The term "Emergency Medical Technician - Paramedic"
shall mean an individual who is a mobile intensive care
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.
(i) The term "Emergency ServiceT1 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.
(j) The term "Finance Director" means the Finance
Director of the City of Lodi.
(k) The term "Mobile Intensive Care Unit" shall mean an
ambulance to handle emergency cal Is and perform medical
care as prescribed by the San Joaquin County Emergency
Medical Services authority.
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(1) The term "Person" shall mean any natural person,
firm, partnership, association, company, corporation, or
organization of any kind.
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 to do so 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 permit
issued by the Department of Motor Vehicles of the State of
Cal i f orni a.
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 an application for a 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:
(a) The name, business, and address of the applicant.
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(b) The name and address of all persons financially
interested in the ambulance business. (The term
Iffinancially interested" shall include all persons who
share in the profits of the business, on the basis of
gross or net revenue).
(c) The name under which the applicant has engaged,
does, or proposes to engage in ambulance service.
(d) A statement that the applicant owns or 'has under
his control, in good mechanical condition, required
equipment to consistently provide quality ambulance
service in the area for which he is applying, and that
the applicant owns or has access to suitable facilities
for maintaining his equipment in a clean and sanitary
condition.
(e) A list, amended as required during the year for any
personnel changes, giving the name and a description of
the training for each ambulance attendant and driver and
a copy of each certificate or license issued by the
State or County establishing qualifications of such
personnel in the ambulance.
(f) A description of the company's training and
orientation programs for attendants, dispatchers, and
drivers ;
(g) Provisions, if any, for continuing education of
EMT-I A'S.
(h) 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-
t ure .
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(i) 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.
(j) The color scheme, insignia, name, monogram, or
other distinguishing characteristics to be used to
designate the private ambulance or private ambulances of
the applicant ..
(k) The location and description of the place or places
from which it is intended to operate and the vehicles
are to be stored.
(1) The schedule of rates proposed to be charged for
ambulance service.
(m) The experience of the applicant in the transporta-
tion of wounded, injured, and sick persons.
(n) 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
Cal i f orni a.
Section 4. Investigation of Application, Grounds for Denial or
Q.?roval
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.
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The City Manager shall initially deny the permit
app 1 i cat
the comp
(
on within forty (40) days of the date of he filing of
eted application if the City Manager finds:
) That the applicant has been convicted of a felony
and the period of five years has not expired from the date of
termination of the confinement, parole andlor probation; or
(2) Said applicant has previously been' convicted of one
of the following misdemeanor violations and a period of three
years has not elapsed from the date of termination of
confinement, parole andlor probation:
a) Any theft from a person.
b) Any crime involving driving a vehicle under the
influence of alcohol andlor drugs.
c) Any crime involving reckless driving.
d) Any crime involving death and/or injury of
another person while driving a vehicle.
(3) The applicant does not show financial
responsibility.
(4) The applicant has not complied with the matters
contained in the application.
If the application is not initially denied, then it
shall be considered a completed application, if the City
Manager finds the following:
(1) That the vehicles described in the application and
proposed to be used comply with all pertinent State laws.
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(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 applicant will meet the criteria set forth
in this ordinance for operating an ambulance business within
the City of Lodi.
Section 5 - Appeal from Denial
The action of the City Manager in initially denying a
permit application shall be subject to an appeal to the City
Council. Notice of such appeal shall be filed with the City
Clerk within ten (10) days after the denial of the permit.
Upon failure to file such notice within the ten-day period, the
action of the City Manager in denying such permit application
shall be final and conclusive.
Upon the filing of a fully completed application for the
permit to engage in the business of operating an ambulance, and
receipt of the report of the City Manager that the application
is complete, 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 resolution that the
public convenience and necessity require the proposed service
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and that the same will promote the convenience, safety, and
welfare of the general public.
Notice of such hearing 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 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 five (5) days before the hearing.
Section 8 - Issuance of Ambulance Operator's Permit
Upon the completion of the investigation and hearing,
the City Council shall grant the applicant a permit if it finds
the following:
(1) That the vehicles described in the application and
proposed to be used comply with all pertinent state
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(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.
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(3) That the application is complete and that the
applicant will meet the criteria set forth in this
chapter for operating an ambulance business within the
city.
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(4) 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 provisions of
this ordinance, and such rules and regulations as may be
promulgated by the City Council. In making such finding
the City Counci 1 shall take into considerat ion 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 traffic conditions, and the character,
experience, and responsibility of the applicant.
Section 9. - Form of Ambulance Operator's Permit -_______-____----__------_-_--------------_-----
If the City Council, by resolution shall find and declare that
public convenience and necessity 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 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.
Section 10. 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.
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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, 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 12. 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 13. Amendments to Permits. ...................................
Any person holding a permit to operate one or more
ambulances as provided in this ordinance, who desires to change
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
Clerk.
Section 14 - Application - Change of Data _______----------------------------------
The applicant and permittee shall report to the Finance
Director any change in the data required in Section
(application) within ten (10) days of the effective date of the
change.
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Section 15. Ambulance Operator's Permit: Suspension or
Revocation.
The City Manager may, after ten (10) days written notice
to the ambulance operator and after having held a hearing
following such notice, suspend or revoke an ambulance
operator'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.
The actions of the City Manager in suspending and
revoking said permit shall be subject to an appeal to the City
Council. Notice of such appeal shall be filed with the City
Clerk within ten (10) days after the suspension or revocation
of the permit. Upon failure to file such notice within the
ten-day period, the actions of the City Manager in suspending
or revoking the permit shall be final and conclusive.
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PERSONNEL STANDARDS
Section 16. Drivers And Attendants.
__________I__________________I__
(a) Any ambulance attendant or driver utilized by a
permittee shall be at least eighteen (18) years of age; shall
be trained and competent in the proper use of all emergency
ambulance equipment; shall hold current certification as an
emergency medical technician I-ambulance (JDIT-I A); and shall
demonstrate compliance. with all applicable State laws and
regulations.
(b) Certificate required. Every ambulance driver and
attendant utilized by a permittee shall hold a certificate from
the City Manager indicating compliance with the requirements of
this section. A temporary permit may be issued, pending
confirmation of all personnel requirements.
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(c) Application. Applications for such certificate
shall be in the form required by the Finance Director and shall
be accompanied by the fee established by resolution of the City
Counc i 1 .
(d) Criminal Investigations. All applicants for
ambulance driver/attendant certification must undergo a
complete criminal history record check prior to issuance of a
permant certificate. The record check must be repeated every
four (4) years.
(e) Denial Or Revocation. Certificates may be denied or
revoked by the City Manager if he finds, after hearing, that
the applicant does not comply with the requirements of this
____________-___-_-_
section. The City Manager shall deny the permit if the City
Manager finds :
(1) That the applicant has been convicted of a felony
and the period of five years has not expired from the date of
termination of the confinement, parole andlor probation; or
(2) Said applicant has previously been convicted of one
of the following misdemeanor violations and a period of three
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years has not elapsed from the date of termination of
confinement, parole and/or probation:
a) Any theft from a person.
b) Any crime involving driving a vehicle under the
influence of alcohol andlor drugs.
c) Any crime involving reckless driving.
d) Any crime involving death and/or injury of
another person while driving a vehicle.
(3) The applicant has not complied with the matters
contained in the application.
(4) Term. The certificate shall remain in effect for a
period of two (2) years.
Sect ion 17. Uniform And Appearance. Each person providing
ambulance service subject to permit under this division shall
staff each ambulance with appropriate personnel who shall wear
___________________-_--_--_-__--_----
clean uniforms, be neat and comply with the requirements of
this division.
Section 18. Type of Service. .............................
Each operator must provide a minimum of one (1) Mobile
Intensive Care Unit staffed and operated per San Joaquin County
Emergency Medical Service Agency policies and procedures,
No owner's permit shall be issued or continued in
operation unless there is in full force and effect during the
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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
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
insurance. 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 .I1
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 cancellation shall become
e f fect ive.
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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.
Section 20. 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
permi t shall cease and the continued operat ion thereof shall
thereafter constitute a violation of this Part.
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 22. 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 and shall be
staffed by a minimum of one (1) emergency medical
technician/pararnedic and one (1) emergency medical technician
(1A). Should a Mobile Intensive Care Unit not be available, a
Basic Life Support Unit shall be dispatched and shall be
staffed with a minimum of two (2) emergency medical tech-
nicians (1).
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Section 23. .Hours of Operation. _____________________----_----
Each ambulance operator shall provide service on a seven
(7) days per week, twenty-four (24) hours per day basis.
Section 24. Transport of Patient.
Unless otherwise directed, the emergency medical
technician (1A) or emergency medical technician paramedic shall
transport emergency patrents 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 25. 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 (30) 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.
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Section 26. This ordinance shall be published one time in the
"Lodi News Sent inel", a daily newspaper of general circulation
printed and published in the City of Lodi and shall be in force
and take effect thirty days from and after its passage and
approval.
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Approved this 6th day of March, 1985
At test :
Alice bIm*L?$pChv M. Re1 c e
City Clerk
State of California
County of San Joaquin, ss.
I, Alice M. Reimche, City Clerk of the City of Lodi,
do hereby certify that Ordinance No. 1347 was
introduced at a regular meeting of the City Council
of the City of Lodi held February 20, 1985 and was
thereafter passed, adopted and ordered to print at
a regular meeting of said Council held March 6, 1985
by the following vote:
Ayes : Council Members - Hinchman, Pinkerton, Reid,
Olson, and Snider (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Abstain: Council Members - None
City Clerk [Qx form
Ronald M. Stein
City Attorney
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