It is the purpose and intent of the city council in creating
this division providing for transfer ambulance service within the
city to provide to the citizens and residents of this city, who are
currently under a physician’s care, with a mode of medical transportation
under conditions which do not ordinarily constitute emergency circumstances
as that term is defined in this article. In accord with the aforementioned
intent of the city council the following operational requirements
shall apply to every holder of a permit issued under this division:
(1) During the hours of operation of the business conducted by the permit holder, there shall be available for duty a minimum of two (2) transfer ambulance vehicles certified in accordance with the terms of section
24.08.145 of this division.
(2) Every permit holder shall provide a person at the permit holder’s principal place of business to receive all calls for service and dispatch vehicles certified under section
24.08.145 in response thereto. This position shall be known as transfer ambulance dispatcher and shall be staffed during all hours of operation of the business conducted by the permit holder. The transfer ambulance dispatcher shall perform the following duties:
(A) Record all incoming calls for service in such a manner that the recordings
are clearly audible.
(B) Store and maintain all recorded incoming calls for a period of one
(1) year from the date the call was received.
(C) Make available to the city manager or his designated representative
any stored or maintained recording of incoming calls.
(D) In every instance where the transfer ambulance dispatcher receives
an incoming call for service, that person shall verify the following:
(i) That the person to whom the service is to be rendered is under the
current care of a physician;
(ii)
The name and, if available, the address of the attending physician;
(iii)
The location of the person to whom service is to be provided
and the destination where the person is to be delivered.
(iv)
The name and address of the person requesting the service if
said person is someone other than the person to be transported.
The items set forth in subsections (i) through (iv) above shall
be reduced to writing in a daily log to be maintained by the transfer
ambulance dispatcher, which log shall be made available to the city
manager or his designated representative upon request.
(E) In every case where the transfer ambulance dispatcher receives a call or request for services, the transfer ambulance dispatcher shall immediately inquire as to whether or not there is in existence at the time the call is received or the request for services tendered emergency circumstances as that term is defined in section
24.08.001 of this article. In the event that emergency circumstances are determined to exist at the time the call or request for services is received, the transfer ambulance dispatcher shall inform the person making the call or request of such fact and advise that the dispatcher will immediately relay the call to a person, partnership, corporation or governmental unit authorized to handle emergency calls, as that term is defined in this article, by either the state and the city (if the latter is required), provided such person, partnership, corporation or governmental unit provides such service within the city.
(F) In all cases where the transfer ambulance dispatcher has received
a call or request for services involving emergency circumstances as
that term is defined in this article, said dispatcher shall immediately
relay the call as above set forth and shall enter the following information
into the daily log required by this division:
(i) The time and date the call or request was received;
(ii)
The name and address of the party making the call or request;
(iii)
The name of the person, partnership, corporation or governmental
unit to which the call or request has been relayed.
(G) In all cases where the transfer ambulance dispatcher cannot verify
or confirm that the person requesting the service or the person to
be transported is currently under a physician’s care, said dispatcher
shall follow the same procedure as set forth in subsection (2)(F)
of this section.
(1983 Code, sec. 27-177; Ordinance 8525, sec. 3, adopted 1/26/1984; Ordinance 2011-O0113, sec. 1,
adopted 11/16/2011)
A permit holder under this division or a vehicle operated by
a permit holder under this division shall not provide emergency service,
as that term is defined in this article, upon the streets of the city
except under the following conditions:
(1) In the event emergency circumstances, as defined in this article,
arise after the commencement of a transfer ambulance call, either
before or after the patient has been picked up, a transfer ambulance
may thereafter complete the call as an emergency service run.
(2) In the event that conditions occur that comply with subsection
(1) of this section, the transfer ambulance operator shall do the following:
(A) Immediately notify the police dispatcher of the nature of the emergency
and obtain permission from the police dispatcher to complete the run
as an emergency service run;
(B) Immediately notify the transfer ambulance dispatcher by radio of
the nature of the emergency and said dispatcher shall note the fact
of such notification in the daily log maintained by said dispatcher
together with the time such notification was received;
(C) Within ten (10) days after the completion of an emergency service
run the transfer ambulance operator shall file a report, with a copy
mailed to the city manager, of such run with the transfer ambulance
dispatcher, which report will contain the following information:
(i) The time, place and nature of the emergency;
(ii)
The place where the patient was transported to receive emergency
care;
(iii)
The length of time that elapsed from the occurrence of the emergency
to point of delivery of the patient;
(D) The transfer ambulance dispatcher shall maintain all reports required
to be filed under this subsection for a period of one (1) year from
the date of such report and make them available upon request to the
city manager or his designated representative.
(3) In the event of a public emergency where it is necessary to provide
emergency service to the citizens of the city, the city manager may
authorize a permit holder to provide emergency service but only for
the duration of the emergency.
(4) When the city manager is notified by an emergency service provider
operating within the city that such service requires aid and assistance,
then in such circumstances the city manager may authorize the permit
holder to respond on an emergency basis until such time as the city
manager is notified by the emergency service provider that it no longer
requires such assistance.
(1983 Code, sec. 27-177.1; Ordinance 8525, sec. 3, adopted 1/26/1984; Ordinance 2011-O0113, sec. 1,
adopted 11/16/2011)
No transfer ambulance service may hold itself out to the public
by advertising through any form or by any other means as being a licensed
emergency service provider. All advertising undertaken by the permit
holder of a transfer ambulance operator’s permit shall stress
that the service is a transfer service only and that emergency service
is not provided.
(1983 Code, sec. 27-177.2; Ordinance 8525, sec. 3, adopted 1/26/1984; Ordinance 2011-O0113, sec. 1,
adopted 11/16/2011)
It shall be unlawful for any person, firm or corporation to
furnish transfer ambulance service upon the public streets of the
city without first having obtained a city transfer ambulance operator’s
permit; 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.
(1983 Code, sec. 27-176; Ordinance 8525, sec. 3, adopted 1/26/1984; Ordinance 2011-O0113, sec. 1,
adopted 11/16/2011)
Application for a transfer ambulance operator’s permit
shall be made upon forms supplied by the city and filed with the city
secretary. Applicants shall furnish the following information and
such information shall be sworn to as being true and correct by the
applicant before a notary public:
(1) The name, trade name, address and telephone number of the transfer
ambulance business.
(2) The number of ambulances proposed to be operated.
(3) The names and addresses of the true owners of the transfer ambulance
business and, if the business is a corporation, the names and addresses
of the corporate officers.
(4) The true owners of the ambulances to be used, if different from the
owners of the ambulance business.
(5) A statement from the city tax assessor-collector that all city taxes
on the permit applicant’s property, both real and personal,
to be used in the business are current.
(6) A certificate of public liability insurance and property damage insurance
issued by a casualty company authorized to do business in the state,
in the standard form approved by the state department of insurance,
containing a provision that at least ten (10) days’ prior notice
of cancellation of said insurance shall be given to the city secretary
by the insurance company with the insured provision of such policy
including the city as an additional insured and a coverage provision
of such policy insuring members of the public from any loss or damage
that may arise to any person or property by reason of the operation
of the permit holder’s ambulance business and providing that
the coverage shall be in at least the sum of one hundred thousand
dollars ($100,000.00) for injury to any one (1) person, three hundred
thousand dollars ($300,000.00) for any one (1) accident and one hundred
thousand dollars ($100,000.00) for injury to property in any one (1)
accident.
(7) A schedule of rates, charges and fees to be charged by the applicant
for transfer ambulance service.
(8) 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.
(9) A description of each transfer ambulance vehicle (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 the applicant’s ambulance; including
the current state license number.
(10) The applicant shall attach to his application a current financial
statement.
(1983 Code, sec. 27-176.1; Ordinance 8525, sec. 3, adopted 1/26/1984; Ordinance 2011-O0113, sec. 1,
adopted 11/16/2011)
Every applicant for a transfer ambulance operator’s permit
shall pay to the city the following nonrefundable fees upon filing
of the application with the city secretary, said fees to be in the
amount as set forth and established in the adopted annual budget of
the city:
(1) An annual permit fee, which fee shall entitle a permit holder meeting
the requirements of this article and state law to operate a transfer
ambulance service for a period of one (1) year from the date of issuance
of a permit. Permits shall be prominently displayed at the permit
holder’s principal place of business within the city.
(2) In addition to the annual permit fee required to be paid to the city as set forth in subsection
(1) of this section, each applicant for a transfer ambulance operator’s permit shall pay to the city an annual inspection fee for each ambulance vehicle operated or to be operated by the applicant; said inspection fee is assessed to defray part of the cost of certification and inspection by the city under this division.
(1983 Code, sec. 27-176.2; Ordinance 8525, sec. 3, adopted 1/26/1984; Ordinance 2011-O0113, sec. 1,
adopted 11/16/2011)
No transfer ambulance shall be operated upon the public streets
of the city pursuant to this article unless it meets the following
minimum requirements:
(1) Be suitable for transportation of patients from the standpoint of
health, sanitation and safety;
(2) Contain medical equipment and supplies in good condition and working
order which meet the applicable rules and regulations of the department
of state health services for “basic life support emergency medical
services vehicles”;
(3) Be free from all mechanical defects, whether caused by collision
or otherwise;
(4) Be equipped with a two-way radio which transmits and receives on
frequencies designated for use by the Federal Communications Commission
between each vehicle and the operator’s base station; radio
communications to and from such transfer ambulance vehicles shall
be the sole responsibility and expense of the operator; in addition,
a direct communication system complying with FCC rules and regulations
or its equivalent shall be installed by the operator for communications
between the operator’s base station and the police dispatcher;
each transfer ambulance vehicle shall further have capability to communicate
with hospitals and other emergency services from transfer ambulance
units;
(5) Be staffed with at least one (1) person certified by the state as
a basic emergency medical technician and one (1) person certified
by the state as an emergency care attendant, who may also be the driver;
(6) Contain a conspicuously posted schedule of fees and rates charged;
(7) Be certified by the city as meeting applicable city ordinances and
state laws as to emergency equipment and lighting.
(1983 Code, sec. 27-176.3; Ordinance 8525, sec. 3, adopted 1/26/1984; Ordinance 2011-O0113, sec. 1,
adopted 11/16/2011)
(a) Prior to the issuance of any permit provided for in this division or any renewal of such permit, the city manager or his designated representative shall cause each ambulance vehicle operated or to be operated under such permit to be inspected for compliance with the applicable provisions of section
24.08.144 of this division.
(b) The city manager or his designated representative shall issue a three-inch by five-inch (3" x 5") certificate for every ambulance vehicle found to be in compliance with the applicable provisions of section
24.08.144 of this division. The applicant for the transfer ambulance operator’s permit shall cause such certificate to be displayed within each ambulance vehicle so approved.
(c) Every certificate issued in accordance with this section shall show
the date of the inspection upon its face and shall be signed by the
city manager or his designated representative. The certificates so
issued shall expire upon an even date with any permit issued to an
applicant under this division.
(d) No permit holder or applicant therefor shall allow an ambulance vehicle operated or to be operated by the permit holder or applicant to be placed in service upon the streets of the city until a certificate has been issued for such vehicle showing that it has been found to comply with the applicable provisions of section
24.08.144 of this division.
(e) An applicant may present an ambulance vehicle for reinspection in
all cases where the vehicle has failed to pass its inspection upon
the following conditions:
(1) A reinspection fee of fifteen dollars ($15.00) shall be paid to the
city;
(2) Evidence is presented to the city manager that any item of noncompliance with the applicable provisions of section
24.08.144 has been corrected;
(3) Ten (10) days’ notice of the reinspection is given to the city
manager.
(f) The city manager or his designated representative shall notify the
city secretary of each ambulance vehicle which has passed the inspection
required by this division and shall furnish to the city secretary
a list showing the Texas license plate number of each ambulance which
has passed inspection and the date of the inspection, which list shall
be kept of record in the office of the city secretary. A reinspected
ambulance vehicle may be added to the above list upon notification
of such fact to the city secretary by the city manager or his designated
representative.
(1983 Code, sec. 27-176.4; Ordinance 8525, sec. 3, adopted 1/26/1984; Ordinance 2011-O0113, sec. 1,
adopted 11/16/2011)
When the requirements of sections
24.08.142,
24.08.143 and
24.08.145 have been completed, the city secretary shall issue to the applicant a transfer ambulance operator’s permit, which permit shall expire upon one (1) year from date of issuance.
(1983 Code, sec. 27-176.5; Ordinance 8525, sec. 3, adopted 1/26/1984; Ordinance 2011-O0113, sec. 1,
adopted 11/16/2011)
A transfer ambulance operator’s permit may be renewed
by the holder thereof provided said permit holder follows the same
procedure for such renewal permit as herein set forth to obtain the
initial permit and such renewal application is filed forty-five (45)
days prior to the expiration of the existing permit.
(1983 Code, sec. 27-176.6; Ordinance 8525, sec. 3, adopted 1/26/1984; Ordinance 2011-O0113, sec. 1,
adopted 11/16/2011)
(a) The city manager or his designated representative shall investigate
every written complaint filed with his office, which complaint alleges
that the permit holder has committed a violation of the grounds hereinafter
set forth for reprimand, suspension or revocation of a permit issued
pursuant to this division.
(b) Any one or more of the following items shall be grounds for reprimand,
suspension or revocation of a permit issued under this division:
(1) Operating a transfer ambulance vehicle upon the streets of the city when such vehicle has not met the inspection requirements set forth in section
24.08.145 of this division.
(2) Charging a fee for services rendered that is in excess of the schedule of rates, charges and fees filed by the permit holder with the city secretary under section
24.08.142 of this division.
(3) Failing to conspicuously post within every transfer ambulance vehicle:
(A) A copy of the schedule of rates and fees for services on file with
the city secretary;
(B) The inspection certificate required by section
24.08.145 of this division.
(4) Failure to properly maintain every transfer ambulance vehicle so
that it is free of mechanical defects and suitable for transportation
of patients from the standpoint of health, sanitation and safety.
(5) Failure to maintain and have available for duty during the hours
of operation of the business conducted by the permit holder a minimum
of two (2) transfer ambulance vehicles as required by this division.
(6) Failure to provide for and staff the position of transfer ambulance
dispatcher as required by this division.
(7) Failure to do any of the following:
(A) Properly record all incoming calls for service as required by this
division.
(B) Store and maintain recorded calls as required by this division.
(C) Upon request, make any reports, recordings or records required to
be kept by this division available to the city manager.
(D) Determine that the person making the request for service or for whom
the service is to be rendered is currently under a physician’s
care.
(E) Determine at the time the call or request for services is received
as to whether or not there is in existence emergency circumstances
as defined by this article.
(F) Immediately relay any call or request for services to those authorized
to provide emergency service when required to do so by this division.
(8) Operating a transfer ambulance vehicle as an emergency service vehicle
when not authorized to do so in accordance with the terms of this
division.
(9) Failure to comply with any of the terms and conditions of this division.
(10) Conviction of the permit holder of a felony or a misdemeanor involving
moral turpitude.
(11) Conviction of a driver of driving while under the influence of alcohol
or of a driver or attendant of public intoxication.
(c) If the city manager finds that grounds for reprimand, suspension
or revocation do in fact exist, he shall reprimand the permit holder
in writing, suspend the permit for a period not to exceed ninety (90)
days or revoke the permit as the facts of each case warrant.
(d) In each case where a permit is suspended or revoked, such facts shall
be communicated in writing to the permit holder by certified mail,
return receipt requested, and shall set forth the basis for the action
taken by the city manager.
(e) In each case where a permit is suspended or revoked, the permit holder
shall have a period of ten (10) days from receipt of the notice of
such action to appeal the suspension or revocation of the permit to
the city license and permit appeals board under the requirements of
this code for appeals to said board.
(1983 Code, sec. 27-178; Ordinance 8525, sec. 3, adopted 1/26/1984; Ordinance 2011-O0113, sec. 1,
adopted 11/16/2011)