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HomeMy WebLinkAbout79-30 Adopting the Countywide Uniform Ambulance Ordinance with RevisionsORDINANCE NO. 30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, ADOPTING THE COUNTYWIDE UNIFORM AMBU- LANCE ORDINANCE WITH REVISIONS. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The City Council of the City of Costa Mesa hereby finds and declares as follows: a. It is the intent and purpose of this Article to pre- scribe the basic regulations for the operation of ambulances and convalescent transport vehicles in the City of Costa Mesa in emergency and nonemergency situations for the care and transporta- tion of persons needing such services. b. It is the purpose of the City Council in enacting this Article to provide a fair and impartial means of selecting responsible, private operators to engage in ambulance and conva- lescent care and transportation in the public interest and to prevent the deleterious effects of unregulated competition in such service. C. The substance of this Article was drafted and proposed by the County of Orange for use by all incorporated cities of this County to the extent feasible, as a model city ordinance to elimi- nate or minimize duplicating regulations and to assure the smooth and coordinated delivery of such services in Orange County. d. The Orange County Board of Supervisors has adopted a corresponding ordinance, and an agreement with Orange County will be entered into by which County personnel will perform the func- tions assigned to it by this model ordinance. The county provi- sions are found at Title 4, Division 9, Section 4-9-1 et seq of the Codified Ordinance of the County of Orange. Accordingly, the City Council of the City of Costa Mesa hereby amends Title 9 of the Costa Mesa Municipal Code by adding, amending, and deleting the Articles and Sections set forth below. gPCTTr)M ARTICLE 5 - AMBULANCE BUSINESSES 99-141. Definitions The following terms, as used in this Article shall, unless the context clearly indicates otherwise, have the respective meanings herein set forth. (a) Ambulance means a motor vehicle specifically constructed, modified, equipped, or arranged and operated for the purpose of transporting patients requiring emergency services. (b) Convalescent Transport Vehicle means a motor vehicle specially constructed or modified, equipped or arranged and operated for the pur- pose of transporting patients not requiring emergency service. (c) Ambulance Service means any private person who operates one or more ambulances. Ambulance service shall not include a person who maintains ambulances for the use of his own employees. (d) Convalescent Transport Service means any private person who operates one or more convalescent transport vehicles. (e) Ambulance Service Operator means any person who operates an ambulance service. (f) Ambulance Attendant means a qualified person acting as an attendant on an ambulance respond- ing to a call and who occupies the patient compartment while transporting any patient in apparent need of medical attention. (g) Business means any trade, business, occupation, practice or profession. (h) City means the City of Costa Mesa, State of California. (i) Citv Council means the City Council of the City of Costa Mesa. -2- (j) City Manager means the City .Manager of City, or his authorized designee. (k) Department means Public Health and Medical Services of the Human Services Agency - County of Orange. (1) Driver means any qualified person who operates an ambulance while responding to a call and while transporting any patient. (m) Emergency means a request for the immediate dispatch of an ambulance to tarnsport or provide other assistance for a person apparently having a hidden unforeseen need for immediate emergency medical attention. (n) Emergency Service means the service performed in response to an emergency call. (o) Patient means a wounded, injured, sick, invalid, convalescent, or otherwise incapacitated person. (p) Person means any individual, firm, corporation, partnership, association or other group or combinanation acting as a unit. (q) Licensee means any ambulance service or conva- lescent transport service which has been regularly granted a license to engage in the ambulance service or convalescent transport service pursuant to this Article. (r) Public Safety Agency means any public law enforcement agency, fire protection agency, lifeguard, or forest ranger operating in Orange County. (s) Health Officer means the Orange County Health Officer. §9-142. License Required. (a) Required. It shall be unlawful for any person either as owner, agent or otherwise, to operate, conduct, advertise, or otherwise engage in or profess to be engaged in the business of -3- ambulance service or convalescent transport service upon the streets, or any public way or place in the City, without possession of a license issued pursuant to this Article. A licensed ambulance service may provide convalescent transport service without the necessity of an additional license. No license may be transferred by operation of law or other- wise. (b) Exceptions. The provisions of this Article shall not apply to: (1) Vehicles operated as ambulances or conva- lescent transport vehicles at the request of local authorities during any "state of war emergency", "state of emergency", or "local emergency", as defined in the Government Code. (2) Ambulances or convalescent transport vehi- cles transporting a patient from a loca- tion outside the incorporated territory of City regardless of destination. (3) Vehicles operated as ambulances, paramedic mobile intensive care units, or convales- cent transport vehicles by any public safety agency. §9-143. Specification of Ambulance Emergency Response Area. All ambulance service licenses shall specify the City territory, if any, within which the licensee may provide emergency ambulance service and no ambulance service operator shall provide emergency ambulance service for ambulance calls originating within the City but outside the territorial limits fixed in the license. (a) Exceptions A licensee may provide emergency service for -4- ambulance calls originating outside the terri- torial limits fixed in the license issued to him: (1) Upon request by any City public safety agency when such public safety has made reasonable attempts to utilize an ambulance service within the emergency response area. (2) Upon request of any person for emergency ambulance service when an ambulance is not immediately available in the emergency response area from which the request ori- ginates. (3) Upon request of another license holder who does not have an ambulance immediately available in the emergency response area from which a request originates. (4) To provide return ambulance service to a person who originally used licensee's services for ambulance transportation to a destination outside of his service area. (5) To provide ambulance service pursuant to a written contract between the licensee and a facility licensed pursuant to Division 2, Chapter 2, Health and Safety Code, or licensed physician, provided that the Health Officer has received, prior to the provision of such service, a copy of such contract. (6) To provide a standby ambulance on a contract basis for special events. §9-144. Application. (a) Procedure and Information Required. Applicants for ambulance service license shall file with the Department an application in writing, on a form to be furnished by the Department, -5- which shall give the following information: (1) Name and description of applicant. (2) Business address and residence address of record of the applicant. (3) Trade or firm name, or DBA as recorded. (4) If a corporation, a joint venture of a general or limited partnership, the names of all partners and officers, their permanent addresses and their percentage of particpation in the business. (5) (i) A statement of facts showing the experience of the applicant in the operation of an ambulance service or con- valescent transport service and demon- strating that the applicant is qualified to render efficient ambulance service or convalescent transport service. (ii) A photocopy of the license issued by the Commissioner of the California Highway Patrol to privately -owned ambulance companies (in accordance with Section 2501, California Vehicle Code) shall be appended to the application. (6) The geographical boundary of the territory requested for emergency responses. (7) A statement that the applicant owns or has under is control, in good mechanical condition, required equipment to adequately conduct an ambulance service or convales- cent transport service in the territory 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. (8) A list, amended as required during the year for any changed, substituted, loaned or leased vehicles, giving a complete description of each ambulance vehicle or convalescent transport vehicle operated by the applicant, including the patient capacity thereof, and a copy of the most recent Ambulance Inspection Report and current Emergency Vehicle Permit issued by the California Highway Patrol for each ambulance. (9) An affirmation that each ambulance or con- valescent transport vehicle and its appur- tenances conform to all applicable provisions of this Article, and applicable provisions of City and State laws and regulations. (10) A statement that the applicant employs sufficient personnel adequately trained to deliver ambulance services of good quality, according to personnel provisions of this Article, at all times in the applicant's proposed service area. (11) A list, amended as required during the year for any personnel changes, giving the name and a description of the training for each ambulance service or convalescent transport service emloyee, and a copy of each certificate or license issued by the State or County establishing qualifi- cations of such personnel in ambulance or convalescent transport operations. (12) A statement that shows to the satisfaction of the Department that the issuance of a license is in the public interest and there is a need for a license to be issued in that there is a requirement for ambu- lance service or convalescent transport -7- service which can be legally served by the applicant. (13) An affirmation that all ambulances based in Orange County will be licensed under this Article. (14) Such other facts or information as the Department may require. (b) Renewal of License. Appliants for renewal of an ambulance service license under this Article shall file with the Department an application in writing, on a form to be furnished by the Department, which shall include the information required in Subsections 1, 2, 3, 4, 5 (ii), 6, 7, 8, 9, 10, 11, 12, and 13 above. (c) Convalescent Transport Services. Applicants for original or renewal license of a convales- cent transport service license under this Article shall file with the Department an application in writing, on a form to be furnished by the Department which shall include the information required in Subsections 1, 2, 3, 4, 5 (i), 7, 8, 9, 11, 12, and 13 above. §9-145. Investigation and Public Hearing by Health officer. Upon receipt of a completed application for ambulance service or convalescent transport service, together with the application fee established by resolution of the Orange County Board of Supervisors, the Health Officer shall conduct an investi- gation and hold a public hearing to determine if the public health, safety, welfare, convenience and necessity require the granting of a license and to further determine if the applicant meets all the requirements of this Article. In making such determination the Health Officer shall consider, among other things, the demand for such service and the adequacy of existing service. At least 15 days written notice of said hearing shall be given by registered mail to the applicant and to all persons holding ambulance service and convalescent transport service licenses and to appropriate CITY officials. Notice shall be given to the general public by posting in the Orange County Hall of Administration and City Hall at least 15 days prior to said hearing. §9-146. Issuance or Denial of License. Following the above hearing, the Health Officer may order the issuance of a license to conduct an ambulance service or convalescent transport service if he finds: (a) That the public health, safety, welfare, con- venience and necessity requires such services, including any requested emergency response areas. (b) The applicant is financially responsible and otherwise able to provide the requested service. (c) The applicant and any officers of applicant are of good moral character and are likely to pro- vide ambulance services in a satisfactory manner. In making said determination, the Health Officer shall consider whether any such person: (1) Has previously provided such services satisfactorily; (2) Has committed any act which, if committed by any licensee, would be grounds for the revocation of a license issued pursuant to this Article; (3) Has committed any act involving dishonesty, fraud or deceit with the intent to injure another or benefit himself or another; (4) Has previously violated the terms of this Article; (5) Has been convicted of a felony or a crime involving moral turpitude; (6) Has knowingly made a false statement of fact in such application. Qs15 (d) In determining the effect of the above acts or convictions, the Health Officer shall consider whether they are related to the activities of an ambulance service or convalescent transport service and shall evaluate the rehabilitation of such person. (e) In the event of denial, the applicant shall be informed in writing of the reason therefor. 99-147. Liability Insurance and Indemnity. (a) The licensee shall obtain and keep in force during the term of said license, comprehensive automobile liability insurance and professional liability insurance issued by a company author- ized to do business in the State of California, insuring the owner against loss by reason of injury or damage that may result to persons or property from negligent operation or defective construction of such ambulance, or convalescent transport vehicle, or from violation of this Article or any other law of the State of California, or the United States. Said compre- hensive automobile liability policy shall be in the sum of not less than One Million Dollars ($1,000,000.00) for combined single limit per occurrence, for bodily injury and property damage. Said professional liability insurance shall be in the sum of not less than One Million Dollars ($1,000,000.00) per person and One Million Dollars ($1,000,000.00) annual aggregate. Workers' Compensation Insurance shall be carried covering all employees of the license holder. Before the Health Officer shall issue a license, copies of the policies, or certificates evidencing such policies shall be filed with the Department. All policies shall be filed with the Department. All policies shall contain -10- a provision requiring a thirty (30) day written notice to be given to the Department and to City Manager prior to cancellation, modification or reduction in limits. The amount of compre- hensive automobile liability insurance shall be subject to review and adjustment by the City annually at the City's option. (b) Prior to the granting of the City business license pursuant to Section 9-162 and as a con- dition thereto, the licensee shall provide to City evidence that the insurance required by subdivision (a) above has been obtained, that City has been added as an additional insured on the liability policies, that the professional liability policy includes blanket contractural coverage, and that licensee has agreed to protect, defend, indemnify and hold harmless the City, its elective and appointive boards, officers, aqents and employees from any and all claims, liabilities, expenses or damages of any nature, including attorney fees, for injury to, or death of, any person, and for injury to any property, including consequential damages of any nature resulting therefrom, arising out of or in any way connected with the performance by licensee of the services licensed under this Article, including damages resulting, or allegedly resulting, from con- current, but not sole, negligence by act or ommission by City, its elective or appointive boards, officers, agents or employees. §9-148. Renewal of License. Licenses may be renewed annually by the Health Officer upon application of the _licensee, if the Health Officer determines that public health, welfare, need and necessity still exists for the license holder and the license holder has, during -11- the period of the expiring license, operated in conformity with the provisions of this .Article and the rules and regulations of the Department, and that he is capable of continuing operation in conformity with the rules and regulations of the Department. §9-149. Amendment of License. Any license holder may apply to the Health Officer for an amendment to terms of his license. Such request shall be processed in the same manner as an original application, provided the Health Officer may waive those requirements deemed unnecessary. of one year. §9-150. Term of License. A license shall remain in effect for a period §9-151. Notification. In the event of a change in ownership or manage- ment of any kind or nature, any interruption of service of more than twenty-four (24) hours' duration, or any substantial change in staffing or equipment of the ambulance service or convalescent transport service, the license holder shall notify the Health Officer and City Manager immediately in writing, stating the facts of such change. §9-152. Appeal to or Review by the City Council. In the event of denial, suspension, or revoca- tion of a license, or attendant or driver certificate, the appli- cant or licensee or certificate holder shall have the right to request a hearing before the City Council. Said hearing shall be requested and conducted in the manner specified in Title 2, Chapter IX of this code. In the event of any issuance, denial, amendment, variance, suspension, or revocation of a license or attendant or driver certificate, the City Council may hold a hearing to review the decision of the Health Officer; notice of any such hearing shall be given to the Health Officer and appli- cant or license or certificate holder within 30 days of the Health Officer's decision. §9-153. Emergency Service Availability. (a) Each ambulance service operator having an -12- emergency response area shall provide emergency ambulance serivice on a continuous twenty-four (24) hour -per -day basis. If for any reasons such ambulance service is interrupted, the license holder shall immediately stop any adver- tisement of any emergency services which have been interrupted and notify the Health Officer and the City Manager immediately and shall state reasons and justification. Other affected public safety agencies shall be notified by the license holder in a timely fashion. (b) Each ambulance service shall be required to operate at least one ambulance from within the City limits at all times, unless a different written schedule is established by the City Manager regarding several licensees. §9-154. Ambulance Personnel. (a) Ambulance Driver and Attendant. An ambulance attendant or driver utilized by a .license holder 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 from the County of Orange as an EMT -1 and shall demonstrate compliance with all applicable State laws and regulations. An ambulance driver or ambulance attendant who is a Cali- fornia licensed physician, Registered Nurse, or a Paramedic currently certified by the Orange County Health Officer shall be exempt from the emergency medical training require- ments of this section. (b) Every ambulance driver and attendant utilized by a license holder shall hold a certificate from the Health Officer indicating compliance with the requirements of this section. -13- (c) Applications for such certificate shall be in the form required by the Health Officer and shall be accompanied by the fee established by resolution of the Board of Supervisors. (d) Certificates may be denied or revoked by the Health Officer if he finds, after a hearing, that the applicant does not comply with the requirements of this section. (e) Certificate shall remain in effect for a period of two years. (f) All applicants for ambulance driver/attendant will undergo a complete criminal history record check prior to issuance of a permanent certificate. §9-155. Suspension and Revocation of Licenses or Certificates. The Health Officer shall be empowered to suspend a license or certificate pending a hearing if he determines such action is necessary to protect the public health, safety and welfare. The period of such suspension shall not exceed sixty (60) days. The Health Officer shall also be empowered, after conducting a hearing, to revoke a license or certificate. Suspension and revocation shall be on the grounds that the license or certificate holder, or any partner, officer of director: (a) Violated any section of this Department, any applicable regulations promulgated by the Department or any applicable State laws or regulations concerning ambulance services. (b) Has committed any acts which would constitute grounds for denial of a license or certificate. The certificate holder or licensee shall be given written notice of the reasons for the suspension or the proposed revocation, together with the time and place of the hearing thereon, which notice shall be given at least fifteen (15) days prior to the hearing. -14- 99-156. Ambulance Rates. No licensee shall charge more than the following rates for ambulance or convalescent transport service: (a) One patient. The uniform schedule of rates that may be charged for ambulance service and convalescent transport service shall be set by resolution adoted by the Orange County Board of Supervisors. Said rate schedule is incorporated herein by reference and is on file in the office of the Clerk of the Board of Supervisors. Said rate schedule shall be adopted by the Board of Supervisors following a public hearing. Notice of the hearing shall be given to all license holders, the City Manager, and the public in the same manner as described in Section 4-9-6 of the Codified Ordinances of the County of Orange. (b) Two or more patients. (1) Each stretcher or gurney patient carried at the same time may be charged the full base rate for response to the call and half the mileage rate. (2) Each ambulatory sit-up patient shall be charged the base rate for response to the call and half the mileage rate. (c) No charge shall be made for uninjured or well persons who accompany a patient. (d) Charges may vary for contract ambulance services, provided they meet with approval of the Health Officer. §9-157. Emergency and Disaster Operation. During any "state of war emergency" or "state of emergency" or "local emergency", as defined by the Government Code of the State of California, each ambulance service and convalescent -15- transport service shall provide equipment, facilities, and personnel as required by the Chief, Medical and Health Services, whenever the Medical and Health Annex to the County Emergency Plan is activated; or in the case of a "local emergency" also as required by City Police and Fire Departments personnel. §9-158. User Complaints. Any user or subscriber to an ambulance service or convalescent transport service, contending that he has been required to pay an excessive charge for service or that he has received inade- quate services, may file a written complaint with the Department setting forth such allegations. The Department shall notify the ambulance service or convalescent transport service of such complaint, and shall investigate the matter to determine the validity of the complaint. If the complaint is determined to be valid, the Department shall take reasonable and proper actions to secure compliance with the conditions of the Article. The Department shall send City Manager a copy of all complaints and action taken. §9-159. Regulation and Enforcement. (a) The Health Officer shall make necessary and reasonable rules and regulations covering ambu- lance and convalescent transport service operation, ambulance and convalescent transport equipment, ambulance and convalescent transport vehicles, ambulance and convalescent transport personnel, and standards of dispatch for the effective and reasonable administration of this Article. Prior to adoption, said regulation shall be submitted to the Emergency Medical Care Committee and the City Council and City Manager for their comments. (b) The Health Officer shall inspect the records, facilities, vehicles, equipment and methods of operation of each license holder at least annually, and whenever such inspections are deemed necessary. -16- g9-160. Compliance with State Law and Regulations. A licensed ambulance service or convalescent transport service shall, in order to maintain the license, comply with all applicable provisions of CITY and State laws or regulations. §9-161. Variances. The health Officer may grant a variance from the terms of this Article if he finds such action is necessary to protect the public health, safety or welfare. Such action may include the issuance of temporary ambulance or convalescent transport service licenses. Such variance or temporary license shall remain in effect for the period indicated by the Health Officer but not to exceed one hundred eighty (180) days. When such a variance has been granted, the City Manager shall be notified. §9-162. City Business License Required. Each applicant for a license issued by the Health Officer for the operation of ambulances or convalescent transport vehicles transporting a patient from a location inside the incorpor- ated territory of the City shall also make a written application for a business license to the City License Collector and pay a license fee in accordance with the requirements of Section 9-61 of this Code. The business license shall not be issued until applicant has complied with Section 9-147 above. §9-163 to §9-164. Reserved. MISCELLANEOUS TECHNICAL CHANGES: The following are miscellaneous technical changes to the existing Costa Mesa Municipal Code required to delete provisions superseded or inconsistent with the above Article: (a) Section 9-125: Delete "Ambulance and" in subparagraph (b). (b) Section 9-127: Delete subparagraph (b) and renumber the remaining subparagraphs. (c) Section 9-130: Delete subparagraph (a) and renumber the remaining subparagraphs. SECTION 3: This Ordinance shall take effect and be in -17- full force and effect thirty (30) days from and after its passage, and before the expiration of fifteen (15) days after its passage, shall be published once in the Orange Coast Daily Pilot, a news- paper of general circulation printed and published in the City of Costa Mesa, together with the names of the members of the City Council voting for and against the same, or in the alternative, the City Clerk may cause the publication of a summary of the proposed ordinance and the posting of a certified copy of its full text in the office of the City Clerk at least five (5) days prior to the City Council meeting at which the proposed ordinance is to be adopted and within fifteen (15) days after adoption the City Clerk shall cause the publication of the summary of the adopted ordinance and the posting of a certified copy of the full text, together with the vote for and against it, in the office of the City Clerk. tk PASSED AND ADOPTED this t�-� � day o f /Up_ (1 ayy_{,'c.,Qh , 19 7 9 ,, Mayor of the City of osta esa ATTEST: p. City Clerk of the City of sta Mesa -18- APPROVED AS TO FORM Aa CITY ATTQRNEY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 79 o was introduced and considered section by section at a regu aI r meeting of said City Council held on the ,R4j day of , 1979, and thereafter passed and adopted as a wkole at a regular meeting of said City Council held on the 1- day of A 0- ce...x_kv, , 1979, by the following roll call vote: AYES: COUNCILMEMBERS : NOES: COUNCILMEMBERS: 2Gt ABSENT: COUNCILM.EMBERS: 74"'Ll IN WITNESS WHEREOF, I have hereby Ut my hand and affixed the Seal of the City of Costa Mesa this 1Z day of�dccQh. , 1979. -19- City Clerk and ex -officio Cle4k of the City Council of the City of osta Mesa -19-