It shall be unlawful and an offense for any person to willfully and knowingly inform the fire alarm dispatcher, police dispatcher or other fire or police official of the city that an ambulance or more than one (1) ambulance is needed at a location or address when such statement is false.
(2002 Code, sec. 4.1305)
For purposes of this division regulating the operation of private transfer ambulances in the city, the following words and phrases shall have the meanings respectively ascribed to them, to wit:
Attendant/driver.
A person who is qualified to care for a patient transported by a transfer ambulance and who is also qualified to drive a transfer ambulance.
City.
The City of Lancaster or its duly authorized representative(s).
Emergency.
Any circumstance that calls for immediate action and in which the element of time in transporting the sick, wounded or injured for medical treatment is essential to the health or life of the person. Such circumstances include but are not limited to accidents generally, traffic accidents and acts of violence resulting in personal injury and sudden illness.
Emergency ambulance.
Any motor vehicle especially designed, constructed, equipped and used for transporting the injured or sick in answer to an emergency call.
Emergency call.
Any request for ambulance service that is made by telephone or other means of communication and requiring immediate ambulance service.
Emergency run.
The emergency ambulance trip to the place where the emergency exists, or from the place of such emergency to a hospital, medical clinic or medical office or other appropriate destination for the patient.
Fire department.
The fire department of the city.
Permittee.
Any individual, firm or corporation engaged in the business of transporting the injured, wounded, sick or dead and using the streets of the city for such purposes.
Street.
Any street, alley, avenue, boulevard, drive or highway commonly used for the purpose of travel within the corporate limits of the city.
Transfer ambulance.
Any motor vehicle constructed, equipped and used for transferring the injured or sick under circumstances which do not constitute an emergency and which have not been represented as an emergency.
(2002 Code, sec. 4.1302)
(a) 
It shall be unlawful and an offense for any person, either as owner, agent or otherwise, or any corporation or firm, other than a member of the city fire department or an agency of the state or the United States, to furnish, operate, conduct, maintain, advertise or otherwise be engaged in or profess to be engaged in the operation of emergency ambulance service upon any street, alley or other public way or place within the city for the purpose of picking up or transporting persons within the city, except in the following circumstances:
(1) 
A licensed transfer ambulance may be operated in the city while responding to a direct call for non-emergency transfer ambulance service only and may operate such ambulance under emergency conditions, using emergency equipment, after notifying the fire alarm dispatcher of the emergency run, provided that a determination has been made by the transfer ambulance attendant that an emergency exists requiring that the sick or injured person be transported with all practical speed to a hospital.
(2) 
A licensed transfer ambulance may be operated in the city while performing the service of maintaining an ambulance at a particular location for a sporting event, provided that such ambulance may be used under emergency conditions, using emergency equipment, after notifying the fire alarm dispatcher and determining that an emergency exists requiring a sick or injured person to be transported with all practical speed to a hospital.
(3) 
A licensed transfer ambulance may be operated in the city on an emergency run, using emergency equipment, when the fire alarm dispatcher has determined that fire department ambulances are not available for the run and requests the operator of such licensed transfer ambulance to furnish backup emergency ambulance service for the fire department.
(b) 
Any person operating a licensed transfer ambulance in the city who makes an emergency run under the provisions of this section shall, within ten (10) days of each such emergency run, submit to the city a report on a form furnished by the fire chief, which shall describe the circumstances requiring the emergency run.
(2002 Code, sec. 4.1301)
(a) 
Required.
No person shall operate or cause to be operated any transfer ambulance for patient pickup in the city without first having obtained a permit therefor from the city.
(b) 
Application; criteria for approval.
Application for a transfer ambulance permit shall be made upon a form to be furnished by the fire chief, who shall issue such a permit to an applicant only upon proof by the applicant that he has met the following requirements:
(1) 
The ambulance to be used in such transfer service shall be certified by the state department of health and shall at all times be maintained in accordance with state department of health standards.
(2) 
Each transfer ambulance shall be accompanied by two (2) attendants or drivers who are currently certified and who are registered by the state department of health as emergency medical technicians.
(3) 
Safety mechanisms of the transfer ambulance must be operative and in good repair, including, but not limited to, headlights, taillights, turn signals, brakes, brake lights, emergency lights, sirens, windshield wipers, wiper blades, handles opening doors and windows, tires and spare tire.
(c) 
Fee.
Each applicant shall pay to the city, upon submission of his application, a nonrefundable permit fee as established by the city council. Such fee shall be for a permit for the period January 1 through December 31 of each year, provided that any permit secured during the year shall be valid through December 31 of that year, and such fee shall not be prorated.
(d) 
Renewal; posting.
Annual permits must be renewed on or before January 1 of each year. Each permit shall be numbered and must be posted in the interior of the transfer ambulance in a conspicuous place.
(e) 
Additional vehicles; replacement of vehicles.
Any permit holder who shall desire to add an additional transfer ambulance or ambulances to his operation shall obtain an additional permit for such additional vehicle from the city. There shall be no additional permit fee for such additional transfer ambulance or for the replacement of an ambulance already permitted, provided that each such additional ambulance or replacement ambulance shall meet the requirements of this section. Each ambulance for which a permit is sought shall be inspected to determine that it meets the requirements of this section, and no permit shall be issued therefor until all the requirements hereof have been complied with in full.
(f) 
Emergency runs.
No person shall operate or permit the operation of a transfer ambulance on any emergency run or in response to any emergency call nor with the use of emergency lights and siren, except as provided in section 12.03.032 above.
(g) 
Inspection of ambulances.
All transfer ambulances permitted under the provisions of this section shall be inspected and approved by the fire chief or his designated representative on a quarterly basis and any other time as may be deemed necessary by the fire chief or his designated representative. The fire chief or his designated representative shall direct each permit holder to produce such transfer ambulance at a location convenient to the fire chief or his designated representative for such inspection.
(h) 
Correction of deficiencies.
Upon application, the fire chief or his designated representative shall cause an inspection to be made of each transfer ambulance for which a permit is sought to ensure compliance with the provisions of this section and other applicable law. Any transfer ambulance not meeting the requirements hereof or any other law or standards required for the use of ambulances or motor vehicles shall be cited by the fire chief or his designated representative and not used for any ambulance purposes until the deficiencies noted have been corrected. Any use of any transfer ambulance after the same has been cited for deficiencies by the fire chief or his designated representative shall be unlawful and constitute a violation of this section.
(2002 Code, sec. 4.1303)
(a) 
Required.
No person shall operate a transfer ambulance or act as an attendant on a transfer ambulance without first having obtained an attendant/driver’s permit from the city.
(b) 
Application; qualifications.
Application for a permit shall be made upon a form to be furnished by the fire chief or his designated representative. A permit shall be issued to an applicant only upon proof that the applicant has met the following requirements:
(1) 
An applicant shall hold a valid Texas class B or C operator’s license.
(2) 
An applicant shall hold a valid certificate of completion and registration by the state department of health as an emergency medical technician.
(3) 
An applicant shall have no record of final conviction of a felony or a crime involving the use or possession of narcotics or operating a vehicle under the influence of drugs or intoxicating liquor, or driving while license has been suspended, within the five-year period immediately preceding application.
(4) 
An applicant shall not have been convicted of more than three (3) moving violations within the preceding twelve-month period, shall not have been convicted of more than ten (10) moving violations within the preceding five year-period, and shall not have been adjudged an habitual violator of the traffic laws pursuant to V.T.C.A., Transportation Code, sec. 521.292, as amended, within the preceding three-year period.
(c) 
Appeal to city manager.
An applicant denied a permit or any permittee whose permit is suspended or revoked shall have the right to appeal to the city manager. Such appeal shall be submitted to the city manager in writing within ten (10) days of the action being appealed. The city manager shall, within ten (10) days after the appeal is filed, consider all the evidence in support of or against the ruling appealed from and shall render a decision in writing to the applicant either sustaining, reversing or modifying the determination of the fire chief or his designated representative.
(d) 
Appeal to city council.
If the city manager’s decision is not acceptable to the applicant or permittee, he may, within ten (10) days of that decision, file an appeal in writing with the city secretary to the city council. Such written appeal shall set forth the specific grounds therefor. The city secretary shall notify the appellant within ten (10) days after receipt of the appeal as to the time and place of the hearing by the city council. The city council shall hear such appeal within thirty (30) days of the receipt thereof by the city secretary. The determination of the city council on any such appeal shall be final.
(e) 
Denial, suspension or revocation.
A permit granted under the provisions of this division shall be denied, suspended or revoked by the fire chief or his designated representative if any applicant makes any false statement on his application or if any permittee is found guilty of any violation of this division or fails to maintain any qualification required by law for the operation of an ambulance or as an emergency medical technician.
(2002 Code, sec. 4.1304)
(a) 
Each permittee under the provisions of this division shall have and maintain the transfer ambulance and crew on a twenty-four-hour daily basis for non-emergency transfers.
(b) 
Each permittee under the provisions of this division shall be required to maintain an office in the city with a Lancaster telephone number answered twenty-four (24) hours daily.
(c) 
The schedule of rates and charges applicable in the Lancaster emergency service area shall be uniform and equal for all persons for all services rendered and shall be subject to approval by the fire chief or his designated representative as a condition to the permit granted hereunder.
(d) 
During the term of each permit, the permittee shall keep in full force and effect public liability and medical malpractice insurance in the minimum amount of one million dollars ($1,000,000.00).
(e) 
A permittee under the provisions of this division is not an officer, agent, employee or servant of the city and is engaged in a private business being regulated by the provisions of this division and shall be solely responsible for such operations.
(f) 
Each permittee shall maintain at its office a record of driver’s licenses, ambulance attendant’s certificates of qualification and business licenses required by law, including the license or certificate numbers and expiration dates for all ambulance personnel answering calls within the city. Such records shall be available at all regular business hours to the fire chief or his designated representative. The permittee shall maintain a complete record of all service calls, listing patients, points of origin, destination, charges and special conditions.
(g) 
If a patient dies while being transported by a permittee, the driver of the transfer ambulance shall deliver the body of such deceased person to a hospital until such time as a medical examiner or licensed medical doctor formally pronounces the patient to be deceased.
(2002 Code, sec. 4.1306)