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HomeMy WebLinkAboutOrdinances - No. 756ORDINANCE NO. 756 AN ORDINANCE OF THE CITY OF LODI LICENSING AND REGULATING THE USE AND OPERATION OF AMBULANCES UPON THE PUBLIC STREETS OF THE CITY OF LODI THE COUNCIL OF THE CITY OF LODI DOES ORDAIN AS FOLLOWS: SECTION 1. DEFINITIONS. For the purposes of this ordinance, the following terms shall have the meanings respectively set forth in this section: a. The term "ambulancet1 is any privately owned vehicle equipped or used for transporting the wounded, injured, or sick and shall include, but is not restricted to, emergency vehicles used for such purpose. b. The term '!person" is any natural person, firm, partners hip, association, company , corporation, or organization of any kind. c. The term "ambulance operator" is any person engaged in the business of carrying or transporting wounded, injured, or sick persons for hire over and along public streets. d. The term I(City" is the City of Lodi. e. The term "City Clerk" is the City Clerk of the City of Lodi. SECTION 2. PERMIT. It shall be unlawful for any person to engage in the business of operating an ambulance in the City of Lodi, without first se- curing a permit so to do from the City 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, 1. injured, or sick persons in the City or of any person who picks 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 attendantls permit issued by the Department of Motor Vehicles of the State of California. SECTION 3. APPLICATION FOR PERMIT. Any person desiring to obtain the permit required by Section 2 of this ordinance, shall pay a fee of $10.00 to the City Clerk, and shall make application for said permit to the City Council. The application shall be signed by the applicant and shall set forth: a. b. C. d. e. f. The name, business, and address of the applicant. The name and address of the owner of the ambulance business. 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. The fact that such ambulances comply with Vehicle Code Sections 2416, 2418, 21714, and Title 13 of the California Administrative Code as well as all other State laws and orders applicable to the licensing of emergency vehicles. The color scheme, insignia, name, monogram, or other distinguishing characteristics to be used to desig- nate the private ambulance or priva.te ambulances of the applicant. The location and description of the place or places from which it is intended to operate and the vehicles are to be stored. L. 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. The fact that all operators of ambulance or ambulances shall hold ambulance driver's certificates issued by the Department of Motor Vehicles of the State of Cali- f ornia . 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. k. Upon the filing of an application for an owner's permit, the City Clerk shall direct the Chief of Police to cause an investigation to be made and file a report within thirty days from the date of filing of the application. The Chief of Police shall requike the applicant or any person named in the application to be fingerprinted and photographed. SECTION 4. COUNCIL HEARING. Upon the filing of a fully completed application for the permit to engahe 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 Councilshall, after investigation and hearing, declare by resolution that the public convenience and necessity require the proposed service and that the same will pro- mote the convenience, safety, and welfare of the general public. 3. SECTION 5. NOTICE OF HEARING. 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 circula- tion in the City. One publication shall be made at least five (5) days before the hearing. SECTION 6. ISSUANCE OF AMBULANCE OPERATOR'S PERMIT. Upon completing its investigation and hearing, the City Council shall grant the applicant a permit if it finds: a. That the vehicles described in the application and proposed to be used comply with all pertinent State laws. b. That the color scheme, insignia, name, monogram, or other distinguishing characteristics proposed to be used upon such ambulance or ambulances is not in con- flict 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. 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 provisions of this or- dinance, and such rules and regulations as may be promulgated by the City Council. In making such find- ing the City Council shall take into consideration the number of ambulances alrearfjr in operation, whether existing ambulance service is adequate to meet the 4. public need, the probable effect of increased ambulance service on local traffic conditions, and the character, experience, and responsibility of the applicant. SECTION 7. 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 City Clerk to the person or persons entitled thereto, and the City Council in its discretion shall determine the total number of ambulances which may be oper- ated 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 8. DUR.4TION OF AMBULANCE OPERATOR'S PERMIT An ambulance operator9s permit issued hereunder shall continue to be valid from the date of issuance, until the conditions stated in the application have been changed or the permit is suspended or revoked by the City Council for any of the reasons set forth in this ordinance. SECTION 9. REVOCATION OR SUSPENSION OF AMBULANCE OPERATOR'S PERMIT. The City Council may at any time revoke, suspend, or change, after notice to and an opportunity of hearing being given to the holder thereof, a permit granted if the ambulance operator and/or driver or attendant fails to operate an ambulance authorized here- under in accordance with the provisions of the applicable State law and this ordinance as now consfLtuted or as the same may be here- after amended. All permits which shall have been suspended or revoked by the City Council shall be surrendered to the City Clerk and the operation of all ambulances covered by such permits shall cease and the continued operation thereof shall thereafter consti- tute a violation of this ordinance. SECTION 10. TRANSFER OF AMBULANCE OPERATORPS PERMIT. 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 ordinance, accom- panied by an affidavit of seller of intention to surrender and cancel the permit held by such ambulance operator conditionally upon and concurrently with consummation of such sale and issuance of a permit in the name of the buyer. If a buyer-applicant or + traMeree-applicant for a permit meets all the requirements set forth in this ordinance for issuance of an ambulance operatorss permit, the City Council shall issue a new permit to the buyer- applicant and concurrently therewith cancel the seller's permit. SECTION 11. AMENDMENTS OF 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 there has been obtained permission therefor from the City Clerk. Said permission shall be granted upon written application setting forth the particulars of such proposed substitution or addition, and upon otherwise complying with the requirements of this ordinance. SECTION 12. LIABILITY INSURANCE. No ownerrs permit shall be 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 said 6. permit are insured against liability for damage to property and for injury to or death of any person as a result of the o~rnership, operation or other use thereof, the minimum liability limits upon each such vehicle being not less than One Hundred Thousand Dollars ($100,000) on account of personal injury to or death of any one person in any one accident and Two Eundred Thousand Dollars ($200,000) 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 Dollars ($1~,000) for damage to or destruction of property in any one accident. 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 effective. SECTION 13. 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 owner's permit, a true and correct schedule of rates to be charged for the transportation of passengers in any and a11 vehicles operated by said owner. Said rates shall not be changed or modified in any manner without first filing said changed or modified rates with the City Council thirty days prior to the effective date of such change or modi- f ica t ion. 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. SECTION 14. RESOLUTION MAY ESTABLISH RULES AND REGULATIONS. The City Council may prescribe rules and regulations for the operation and maintenance of ambulance service by resolution. 7. SECTION 15. DAILY OPERATION REQUIRED. Every person to whom an ownerPs permit has been issued shall regularly and daily operate his or its business during each day of the license year to the extent reasonably necessary to meet the public demand for such service. such service, the City Clerk may, upon five dayst written notice to the holder of said permit, and unless good and sufficient cause for such abandonment is evidenced, revoke such owner's permit. Upon an owner's failure to provide SECTION 16. SUSPENSION OR REVOCATION OF OWNER'S OR DRIVERPS PERMITS. The Chief of Police may suspend or revoke any ownerls or driverPs permit upon finding that the permit holder no longer coiuplies in full with the conditions of his application and c --- aG ATTEST: BEATRICE State of California, County of San Joaquin, ss. I, BEATRICE GARIBALDI, City Clerk or^ th hereby certify that Ordinance No. 756 was introduc regular meeting of the City Council of the City of Lodi held July 3, 1963, and was thereafter passed, adopted and ordered to print at a regular meeting held July 17, 1963, by the following vote: AYES : Councilmen - BROWN, CULBERTSON, DOW, ULLMANN NOES : Councilmen - NONE ABSENT: Councilmen - NONE I further certify that Ordinance No. 756 was appxove$ and zind KATZAKIAN