It shall be unlawful for any person, firm or corporation to
furnish emergency ambulance service upon the public streets of the
city without having first obtained a city emergency ambulance operator’s
license; provided, however, that ambulances operated by the United
States government, a political subdivision of the state, and ambulances
delivering patients from places outside the city to places within
the city operated by ambulance services not located within the city
shall not be required to comply with this article.
(1959 Code, sec. 31-32; Ordinance 7162, sec. 1, adopted 10/23/1975; 1983 Code, sec. 27-146; Ordinance 8525, sec. 2, adopted 1/26/1984; Ordinance 2011-O0113, sec. 1,
adopted 11/16/2011)
Application for an emergency ambulance operator’s license
shall be filed with the city secretary. Such application shall be
submitted upon a form or forms to be furnished by said city secretary
and the applicant shall furnish the following proof and information
with the application. Such application shall be subscribed and sworn
to before a notary public:
(1)
The name and address of the owner or operator of the ambulance service.
(2)
A statement that the applicant has obtained or will obtain liability
insurance in accordance with the requirements provided in this article
before commencing emergency ambulance service in the event the city
council determines that an emergency ambulance operator’s license
should be granted. No emergency ambulance operator’s license
will be issued until such insurance is in effect.
(3)
That the applicant or applicants have not been convicted of a felony
or of a misdemeanor involving moral turpitude within the last ten
(10) years.
(4)
A statement that the applicant has been issued a permit (or assurance
that the applicant will obtain a permit prior to issuance of an operator’s
license) by the department of state health services pursuant to authorization
of article 4590b of the Texas Civil Statutes. No emergency ambulance
license will be issued unless the applicant has obtained such a permit.
(5)
A description of each ambulance (or assurance that such description
will be furnished prior to issuance of a license), including the make,
model, year of manufacture, motor and chassis number; the length of
time the ambulance has been in use; and the color scheme, insignia,
name, monogram and other distinguishing characteristics to be used
to designate applicant’s ambulance; including the current state
license number.
(6)
Applicant shall attach to his application a current financial statement.
(1959 Code, sec. 31-33; Ordinance 7162, sec. 1, adopted 10/23/1975; 1983 Code, sec. 27-147; Ordinance 2011-O0113, sec. 1, adopted 11/16/2011)
(a)
The application for a license under this article shall be accompanied
by a fee as set forth and established in the adopted annual budget
of the city.
(b)
Within fifteen (15) days after receipt of an application as provided
for herein, the city council may order a public hearing to be held
concerning the applicant and his proposed operation. In the event
a public hearing is ordered by the city council, the applicant shall
forthwith deposit fifty dollars ($50.00) with the city secretary for
payment of the publication cost of notices to be printed on three
(3) consecutive days advising of a hearing to be held on said application.
Such notice shall be to all holders of emergency ambulance licenses
and all other interested persons, and the first such notice shall
be printed within fifteen (15) days after receipt of the deposit if
the applicant has met the above requirements. The said notice shall
set out the time and place of such public hearing which shall be not
less than five (5) days nor more than fifteen (15) days from the date
of the first publication. The name of the applicant and the place
where he proposes to operate an emergency ambulance service shall
be set out in said notice. The city secretary shall refund to the
applicant any part of the deposit which is in excess of the cost of
publication and, in the event such deposit is not sufficient, the
applicant shall immediately upon the request of the city secretary
pay the remaining sum of money necessary to pay such publication costs.
(1959 Code, sec. 31-34; Ordinance 7162, sec. 1, adopted 10/23/1975; 1983 Code, sec. 27-148; Ordinance 2011-O0113, sec. 1, adopted 11/16/2011)
(a)
Defined.
For the purposes of this division, “public
convenience and necessity” shall mean that:
(1)
The permanent address from which the emergency ambulance service
is proposed to be operated will be within an area of the city which
benefits from additional service.
(2)
Existing emergency ambulance service within the city will not be
adversely affected so as to lower the standards of existing service
either in the area to be served by the applicant or within the city
as a whole.
(b)
Finding by council.
Upon consideration of each application
under this division, the applicant shall not be granted an emergency
ambulance operator’s license unless the city council finds and
determines that the public convenience and necessity will be served
by the issuance of such license. The city council shall also have
the right to call any other witnesses, including a police investigation
or report, that may be deemed necessary or appropriate. In all such
hearings, the burden of proof shall be upon the applicant to establish
by clear, cogent and convincing evidence that the public convenience
and necessity will be served by the granting of the emergency ambulance
operator’s license.
(c)
Factors considered.
In determining public convenience
and necessity, the city council may consider but not be limited to
the following:
(1)
The need for additional ambulance service. This may include the evidence
of the records and statistics of the public services division, police
department and health department and any other relevant and material
evidence.
(2)
The distance from the permanent address at which the applicant proposes
to operate the emergency ambulance service to hospitals providing
emergency service to the public.
(3)
The number of emergency ambulances which are available to provide
service in the area in which the applicant proposes to furnish such
service.
(4)
The record of responses to the police dispatcher’s calls. This
may include information as to length of time required to arrive at
the place of an emergency after a request for such service and information
as to calls declined and hours of the day during which service in
such area may be curtailed for any reason.
(5)
Density of population.
(6)
Financial responsibility of the applicant.
(7)
Number of emergency ambulances for which emergency ambulance operator’s
license are requested and the hours during the day and days during
the week that the applicant proposes to furnish such service.
(8)
In the event the applicant has previously participated in furnishing
emergency ambulance service, evidence as to whether the applicant
performed such service in a satisfactory manner.
(1959 Code, sec. 31-35; Ordinance 7162, sec. 1, adopted 10/23/1975; 1983 Code, secs. 27-149–27-151; Ordinance 2011-O0113, sec. 1, adopted 11/16/2011)
Each person issued an emergency operator’s license under
this article shall be deemed by the filing of an application to agree
to provide, keep and maintain for service not less than the number
of emergency ambulances indicated on the original application and
to provide adequate personnel available to operate each ambulance
which shall be a condition for the continuation of the license to
operate such ambulance service. A minimum of two (2) ambulance substations
and a minimum of two (2) primary ambulances and crews and one backup
ambulance and crew shall be available from 8:00 a.m. to 12:00 p.m.
midnight, and one primary ambulance and crew and one backup ambulance
and crew shall be available daily from 12:01 a.m. to 7:59 a.m. for
emergency calls within the city. Such ambulance locations are to be
based upon an analysis of emergency response data to determine appropriate
districts to maintain an average five-minute response time within
the city limits.
(1959 Code, sec. 31-48; Ordinance 7162, sec. 1, adopted 10/23/1975; 1983 Code, sec. 27-158; Ordinance 2011-O0113, sec. 1, adopted 11/16/2011)
Each person making an application to operate an ambulance or
ambulance service within the city shall be deemed by the filing of
such application to agree to accept all emergency calls originating
from the fire or police department of the city, and the acceptance
of such calls shall be a condition for the continuation of the license
to operate such ambulance or ambulance service.
(1959 Code, sec. 31-47; Ordinance 7162, sec. 1, adopted 10/23/1975; 1983 Code, sec. 27-159; Ordinance 2011-O0113, sec. 1, adopted 11/16/2011)
The city council shall make a determination as to the existence
or nonexistence of public convenience and necessity within fifteen
(15) days from the date of the consideration of the application, and
the applicant shall be notified in writing within fifteen (15) days
that the application has been either granted or denied.
(1959 Code, sec. 31-36; Ordinance 7162, sec. 1, adopted 10/23/1975; 1983 Code, sec. 27-152; Ordinance 2011-O0113, sec. 1, adopted 11/16/2011)
(a)
Required.
An applicant under this division shall file
with the city secretary an insurance policy, to be approved by the
city attorney, providing insurance coverage for each and every ambulance
owned, operated and/or leased by the applicant, for injury to or death
of persons in accidents resulting from any cause for which the owner
of said vehicle would be liable on account of any liability imposed
on him by law, regardless of whether the ambulance was being driven
by the owner, his agent or lessee, and as against damage to the property
of another, including personal property, under like circumstances,
in the sum of one hundred thousand dollars ($100,000.00) for injury
to any one person, three hundred thousand dollars ($300,000.00) for
any one accident and one hundred thousand dollars ($100,000.00) for
injury to property in any one accident.
(b)
Continuance after recovery.
Every policy of insurance
under the preceding subsection shall continue to the full amount thereof,
notwithstanding any recovery thereon, and the liability of the insurer
shall not be affected by the insolvency or bankruptcy of the assured.
The policy shall be for the benefit of any and all judgment creditors
and shall name the city as an additional insured.
(c)
Coverage period.
Every insurance policy required under subsection (a) shall extend for the period to be covered by the license applied for, and the insurer shall be obliged to give not less than ten (10) days’ written notice to the city secretary and to the assured before any cancellation or termination thereof earlier than its expiration date, and the cancellation or other termination of such policy shall automatically revoke and terminate the license issued for the ambulance covered by such policy, unless another insurance policy complying with the provisions of this section shall be provided and be in effect at the time of such cancellation or termination.
(1959 Code, sec. 31-37; Ordinance 7162, sec. 1, adopted 10/23/1975; 1983 Code, secs. 27-153–27-155; Ordinance 2011-O0113, sec. 1, adopted 11/16/2011)
All emergency ambulance licenses shall terminate on December
thirty-first of each year. Before the termination date, such license
may be renewed by paying a fee of six dollars ($6.00) and filing it
with the city secretary, who will notify the city council of all pending
applications. The council, at its discretion, may review the applications
before renewal becomes final.
(1959 Code, sec. 31-38; Ordinance 7162, sec. 1, adopted 10/23/1975; 1983 Code, sec. 27-156; Ordinance 2011-O0113, sec. 1, adopted 11/16/2011)
All changes in the partnership or in the officers of the corporation,
or any changes in ownership, which holds an emergency ambulance operator’s
license shall be reported to the city secretary within ten (10) days
after such change, and the new partners or new officers shall individually
file applications certifying to their individual qualifications within
such time. Failure to do so shall be cause for suspension of the operator’s
license during the time that such partners or officers fail to comply
with this requirement
(1959 Code, sec. 31-39; Ordinance 7162, sec. 1, adopted 10/23/1975; 1983 Code, sec. 27-157; Ordinance 2011-O0113, sec. 1, adopted 11/16/2011)
The initial, semiannual or other ambulance, equipment and premises
inspection reports provided for in this article shall be prima facie
evidence of compliance or noncompliance with, or violation of, the
provisions, standards and regulations promulgated hereunder, for the
licensing of ambulances.
(1959 Code, sec. 31-49; Ordinance 7162, sec. 1, adopted 10/23/1975; 1983 Code, sec. 27-161; Ordinance 2011-O0113, sec. 1, adopted 11/16/2011)
(a)
Authorized generally.
The chief of police may, and is
hereby authorized to, suspend or revoke a license issued under this
article for failure of a licensee to comply and to maintain compliance
with, or for his violation of, any applicable provisions, standards
or requirements of this article, or of regulations promulgated hereunder,
or for any reason a driver’s permit or attendant’s permit
may be revoked or suspended, or for charging and receiving any payment
in excess of the approved rates, charges and fees, but only after
warning and such reasonable time for compliance as may be set by the
chief of police. Within ten (10) days after a suspension, the licensee
shall be afforded a hearing before the chief of police after request
from the licensee. The chief of police shall, within ten (10) days
after conclusion of such hearing, issue a written decision (which
shall include written findings) as to the suspension of said license.
Such written decision shall be promptly transmitted to the licensee
to whom it refers. Suspension of any ambulance license shall be subject
to appeal to the city council.
(b)
Effect.
Upon suspension, revocation or termination of
an ambulance license under this article, operation of such ambulance
shall cease.
(1959 Code, sec. 31-49; Ordinance 7162, sec. 1, adopted 10/23/1975; 1983 Code, secs. 27-160, 27-162; Ordinance 2011-O0113, sec. 1, adopted 11/16/2011)
