(a)
The
operation of emergency ambulances upon the streets of the city for
the furnishing of emergency ambulance service is hereby declared to
be a governmental function of the city to be performed by the city
fire department in accordance with the terms of this section.
(b)
It
shall be unlawful for any person or persons, other than members of
the city fire department, while driving emergency ambulances operated
by the fire department, to furnish or attempt to furnish emergency
ambulance service or to operate or drive, or cause to be operated
or driven, any ambulance upon the streets of the city for the purpose
of furnishing emergency ambulance service.
(c)
It is an affirmative defense to prosecution under subsection (b) of this section that:
(1)
The person operating an ambulance was responding to a direct call
for ambulance service, determined that an emergency existed requiring
the sick or injured person to be transported with all practical speed
for medical treatment and attention, and obtained permission from
the fire department dispatcher to operate such ambulance to perform
emergency ambulance service;
(2)
The emergency ambulance service was provided by an ambulance based
outside the city when not in use and was operated by an ambulance
company having an established place of business and permanent address
outside the city; provided that:
(A)
The sick or injured person was picked up outside the corporate limits
of the city and transported to a hospital within the city;
(B)
The ambulance performing such emergency ambulance service was, at
the time, duly licensed and operated in accordance with V.T.C.A.,
Health and Safety Code chapter 773; and
(C)
The driver of such ambulance complied with all speed and other traffic
regulations of the city and the state.
(3)
The person operating an ambulance within the city was performing
a service under contract to maintain an ambulance at a particular
location or event, for the purpose of transporting sick or injured
persons for medical or hospital treatment, and determined that a sick
or injured person at such location or event required immediate hospital
or medical attention and obtained permission from the fire department
dispatcher to operate such ambulance to perform emergency ambulance
service.
(4)
The emergency ambulance service was provided at the request of the
fire department dispatcher due to unavailability of a city ambulance.
(d)
When
the driver or operator of an ambulance is responding to a direct call
for ambulance service under emergency conditions, he shall inform
the fire department ambulance dispatcher of the location of such call
and such other information as he may have concerning the circumstances
surrounding the request for service, and if the fire department ambulance
dispatcher reports that a fire department ambulance is either en route
to the same location or has arrived there and instructs such ambulance
driver or operator not to respond to such call, it shall be unlawful
for such driver or operator to so respond.
(1991 Code, sec. 11-181; Ordinance 97-513, secs. 1, 2, adopted 6/25/97; 2007 Code, sec. 18-177; Ordinance
adopting 2022 Code)
