It is the city’s policy to provide for and to promote adequate and efficient ambulance service in the city. To this end, this article provides for the regulation of ambulance rates and services to be carried out in a manner that protects the public health and safety, promotes the public convenience and necessity, and respects the concept of free enterprise.
(2001 Code, sec. 42-35; Ordinance 37-2011, Div. 2, adopted 8/2/11)
It shall be unlawful to operate an ambulance service in the city except under authority of a franchise for ambulance service granted by the city council.
(2001 Code, sec. 42-36; Ordinance 37-2011, sec. 1(42-2), adopted 8/2/11)
To apply for a franchise, an applicant must:
(1) 
Have its primary facility located in the territorial limits of the city;
(2) 
Maintain at least four ambulances currently licensed by the state, and based at its primary facility; and
(3) 
Meet the minimum vehicle, equipment and staffing requirements for each ambulance as established by the Department of State Health Services.
(2001 Code, sec. 42-37; Ordinance 37-2011, sec. 1(42-3), adopted 8/2/11)
(a) 
Every person proposing to operate an ambulance service in the city shall make application, in writing, in the form promulgated by the director, requesting that the city council grant it a franchise certificate to operate an ambulance service under this article. The application shall be sworn and filed with the director, setting forth full and complete information on the following matters:
(1) 
The name of the applicant, applicant’s owners, and all other identifying and ownership information which may be required by the director.
(2) 
A compiled financial statement with note disclosure from a certified public accountant.
(3) 
A complete statement of the assets to be used in the ambulance service for which the application is being made, together with full information on liabilities existing against such assets.
(4) 
The number of vehicles and a general description of the vehicles the applicant proposes to use in the operation of the ambulance service; a description of the operations of the proposed ambulance service and location of the primary facility and other facilities to be used in the operation of the ambulance service.
(5) 
A description of any past business experience of the applicant, particularly from any municipality in providing emergency medical services; and the identification and description of any franchise, including any revocation or suspension thereof, held by the applicant.
(6) 
The telephone numbers the applicant intends to use for the ambulance service.
(7) 
Such additional factual information as the applicant may desire to include, and such additional factual information as may be required by the director, to aid the city council in reviewing the application.
(b) 
The director shall submit an ambulance franchise application to the city council within 60 days following receipt of the latter of:
(1) 
An application fully completed in accordance with the aforementioned requirements and the form promulgated by the director.
(2) 
The application fee.
(2001 Code, sec. 42-38; Ordinance 37-2011, sec. 1(42-4), adopted 8/2/11)
(a) 
Upon receipt of an application for a franchise, the director shall investigate and make findings of fact concerning public convenience and necessity and other relevant factors.
(b) 
The applicant for a franchise certificate has the burden of proving that the public convenience and necessity require the proposed ambulance service and that the applicant is qualified and financially able to provide the service proposed in the application.
(c) 
The director shall obtain a criminal background check on each applicant, its officers, and the owners deemed by the director to be substantial, and any other related party whose criminal background check the director determines will aid the city council in reviewing the application.
(2001 Code, sec. 42-39; Ordinance 37-2011, sec. 1(42-5), adopted 8/2/11)
(a) 
Upon receipt of the application for a franchise, the city council shall set a date for public hearing upon the application, and the director shall notify the applicant of the hearing date in writing.
(b) 
The council shall review the application and conduct such hearings and investigation as it deems appropriate. In determining whether or not a franchise should be granted, the council shall give weight and due regard to, among other things, the following:
(1) 
Probable permanence and quality of the service offered by the applicant;
(2) 
The financial ability and responsibility of the applicant and its organization and personnel;
(3) 
The age and quality of applicant’s equipment; and
(4) 
The experience of the applicant in providing emergency medical services.
(c) 
If the city council finds that the public convenience and necessity require the operation of the ambulance service, and that the applicant is fit to conduct the business and that the other requirements of this article have been complied with, it shall grant the franchise by ordinance. Once granted, the franchise shall remain in effect for a period of five years from the date granted or such lesser time as determined by the city council.
(2001 Code, sec. 42-40; Ordinance 37-2011, sec. 1(42-6), adopted 8/2/11)
No person shall have any pecuniary interest in more than one current, valid ambulance franchise in the city without disclosing such interest to the director.
(2001 Code, sec. 42-41; Ordinance 37-2011, sec. 1(42-7), adopted 8/2/11)
A franchise issued pursuant to this division may not be transferred to another person unless the proposed transferee and new transferor file a written application for the transfer with the director, and the transfer application is approved by the city council.
(2001 Code, sec. 42-42; Ordinance 37-2011, sec. 1(42-8), adopted 8/2/11)
An ambulance franchise is revocable by the city council after written notification to the franchise holder and a public hearing before the city council in which the city council finds that such franchise holder is in violation of this article and the violation warrants revocation.
(2001 Code, sec. 42-43; Ordinance 37-2011, sec. 1(42-9), adopted 8/2/11)
A franchise holder shall pay an annual franchise fee to the director. Such fee must be paid, without proration, at the time of the issuance of the franchise and on or before the first business day of each year thereafter.
(2001 Code, sec. 42-44; Ordinance 37-2011, sec. 1(42-10), adopted 8/2/11)