State Law References — Provisions applicable to emergency
services, §190.000, RSMo.; provisions applicable to emergency
vehicles, §§300.100, 300.105, RSMo.
Editor's Note — Ord. no. 7385 §1, adopted January
7, 2013, repealed ch. 620 and enacted new provisions set out herein.
Former ch. 620 derived from R.O. 2007 §§5½-1 —
5½-22; and ord. no. 3863 §1 art. 1 — 22, 9-7-71.
[Ord. No. 7385 §§1 —
2, 1-7-2013]
The following words and phrases shall have the meanings set
out herein whenever used in this Chapter.
Any privately owned vehicle equipped or used for transporting
the wounded, injured, sick or ill and shall include, but is not restricted
to, emergency vehicles used for such purposes.
The owning, operating, managing or maintaining as principal
or agent of any ambulance as herein defined.
Any person who, as owner, agent or otherwise, furnishes or
operates, advertises or otherwise professes to be engaged in the business
of furnishing or operating ambulances.
Any person to whom a certificate of public convenience and
necessity has been issued under the provisions of this Chapter and
which certificate has not been revoked or suspended.
The City of Poplar Bluff, Missouri.
Title 19, Division 30, Chapter 40 of the Code of State Regulations.
The City Clerk or his/her authorized representative.
The receiving, picking up or admitting within the City of
Poplar Bluff, Missouri, of ill or injured person or persons for transportation
or conveyance to any point within or without the corporate limits
of said City.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
[Ord. No. 7385 §§1 —
2, 1-7-2013]
No person shall engage in the ambulance business without first
obtaining a certificate of convenience and necessity from the License
Officer for each vehicle to be operated as an ambulance. This certificate
shall be in addition to any business or occupation license required
by ordinance.
[Ord. No. 7385 §§1 —
2, 1-7-2013]
A.
Application
for certificates hereunder shall be made upon blank forms prepared
and provided from the License Officer and shall contain:
1.
The name of the applicant and trade name, if any, under which the
applicant intends to conduct business; if a corporation, its name,
date and place of incorporation, address of its principal place of
business and the name or names of its principal officers, together
with their respective residence addresses; and if a partnership, association
or unincorporated company, the names of the partners or other persons
comprising such association or company and the business and residence
address of each partner or person.
2.
The address of the premises within the City from which it is proposed
to maintain and operate such ambulance business.
[Ord. No. 7385 §§1 —
2, 1-7-2013]
The applicant shall furnish any and all additional information
as may be required by the License Officer to insure that the applicant
is qualified and capable of operating such business in the public
interest.
[Ord. No. 7385 §§1 —
2, 1-7-2013]
The application shall be accompanied by a fee of fifteen dollars
($15.00). The certificate fee shall be in addition to any business
license fee which applicant is required by ordinance to pay. Said
fee shall be collected annually upon yearly renewal of the certificate.
[Ord. No. 7385 §§1 —
2, 1-7-2013]
Any false information contained in any application so filed
in accordance with this Chapter shall be considered sufficient grounds
for revocation or suspension of any issued certificate. At the discretion
of the License Officer, when a new certificate is being applied for
by said application, any false information contained in such application
shall be considered sufficient grounds for denial of said certificate.
[Ord. No. 7385 §§1 —
2, 1-7-2013]
A.
Generally. The City Manager, within thirty (30) days after
receipt by the License Officer of an application for a certificate
of convenience and necessity, shall bring before the Council the written
reports of the License Officer concerning the subject application.
The Council shall consider said application and may direct the License
Officer to issue a certificate hereunder when it finds that the public
convenience and necessity require the proposed ambulance service for
which application has been submitted.
B.
Standards. In determining whether public convenience and
necessity require the licensing of a proposed ambulance service, the
Council shall consider:
1.
Will provide a benefit to public health that outweighs the associated
costs;
2.
Will maintain or enhance the public's access to ambulance services;
3.
Will maintain or improve the public health and promote the continued
development of the regional emergency medical service system;
4.
Has demonstrated the appropriate expertise in the operation of ambulance
services; and
5.
Has demonstrated the financial resources necessary for the operation
of the proposed ambulance service.
[Ord. No. 7385 §§1 —
2, 1-7-2013]
A.
Before
a certificate of public convenience and necessity can be issued, the
applicant must file with the License Officer a certificate proving
insurance coverage for each vehicle to be used as an ambulance for
injury to or death of persons in accidents resulting from any cause
of which the owner of the vehicle would be liable on account of any
liability imposed upon him/her by law, regardless of whether the ambulance
was being driven by the owner, his/her agent or lessee and against
damage to the property of another including personal property, under
like circumstances, in the sum of not less than two hundred fifty
thousand dollars ($250,000.00) for any one (1) person, one hundred
thousand dollars ($100,000.00) for any one (1) accident and five hundred
thousand dollars ($500,000.00) for property damage in any one (1)
accident.
B.
The
applicant must also file a certificate providing minimum passenger
coverage in the sum of not less than one hundred thousand dollars
($100,000.00) for injury to any one (1) passenger and one hundred
thousand dollars ($100,000.00) passenger injury coverage for any one
(1) accident.
C.
Every
insurance policy required shall extend for the period covered by the
license applied for and the insurer shall be obligated to give not
less than thirty (30) days' notice in writing to the License Officer
before cancellation date. The cancellation or termination of any such
policy shall automatically terminate and revoke the license issued
to the ambulance service covered by such policy unless another policy
complying with the provisions of this Section shall be provided and
in effect at the time of such cancellation or termination.
[Ord. No. 7385 §§1 —
2, 1-7-2013]
A.
A certificate
of public convenience and necessity may be revoked by the City Council
for any or all of the following reasons:
1.
The certificate holder, knowingly and after written notice from the
License Officer, fails to operate his/her business in accordance with
the provisions of this Chapter, other ordinances of the City and any
and all State and Federal laws applicable to ambulance business.
2.
The certificate holder has committed acts or carried on a course
of conduct which the license officer finds, after hearing, establishes
a lack of good moral character.
3.
The certificate holder has abandoned his/her operation of the ambulance
business for a period of thirty (30) days; provided however, that
interruption of business due to mechanical failures, labor disputes
or acts of God shall not be considered an abandonment.
4.
Continued failure of any holder or employee of a certificate holder
to obey and abide by any and all rules of the traffic code of the
City of Poplar Bluff shall constitute grounds for revocation or suspension
of a certificate.
[Ord. No. 7385 §§1 —
2, 1-7-2013]
Any person who shall violate any provisions of this Chapter
shall be deemed guilty of a misdemeanor and upon conviction thereof
may be fined not less than twenty-five dollars ($25.00) nor more than
five hundred dollars ($500.00) for each offense.
