The following words shall have the following meanings:
Central dispatch or communications center.
The facility from which the city fire department EMS units are radio-dispatched.
City.
The City of Plainview.
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.
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, in circumstances which are, or have been represented to be, an emergency requiring immediate ambulance service.
Operator.
Any individual, firm or corporation engaged in the business of transporting the injured, wounded, sick or deceased and using the streets of the city for such purpose.
Public convenience and necessity.
A public convenience which is fitting and suited to a public need and public necessity which embrace a great urgent public convenience. This term as applied to an ambulance service proposed and offered to the public by a person shall mean that the person is fit, able, and willing to perform the ambulance service in the city in accordance with the requirements of this article.
Response time.
The time from which a call is received until the time of arrival at the scene.
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.
(2000 Code, sec. 4-21)
Any person, either by himself/herself or agent, who shall do any act or thing prohibited by the terms of this article, or in any way violate the provisions thereof, shall be fined not less than one dollar ($1.00) nor more than the maximum allowed by state law, and if the person or service is a licensee hereunder, such license shall be terminated. A separate and distinct violation occurs for each and every day, or part thereof, that said licensee violates a provision or provisions of this article. It shall not be necessary for the complaint to allege or for proof to be made that the act was knowingly done, nor shall it be necessary for the complaint to negative any exception contained in this article concerning any prohibited act, but any such exception made herein may be urged as a defense by any person charged by such complaint.
(2000 Code, sec. 4-32)
It is unlawful for any person, firm, corporation or operator to engage in furnishing a transfer service by operating, driving or causing to be operated or driven a transfer ambulance vehicle upon the public streets of the city without first having obtained a permit in accord with the terms and provisions of this division.
(Ordinance 07-3478, sec. III (4-22), adopted 5/8/07)
(a) 
Application for a permit shall be filed with the city secretary upon the form furnished by the city secretary. Such application shall be subscribed and sworn to before a notary public. The applicant shall furnish the following information:
(1) 
The name and address of the owner or operator of the ambulance service.
(2) 
The names and addresses of the true owners of the transfer ambulance service and, if the business is a corporation, the names and addresses of the corporate officers.
(3) 
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.
(4) 
A statement that the applicant has obtained liability insurance in accordance with the requirements provided by this division before commencing service.
(5) 
A statement of the number of vehicles which the applicant proposes to operate and the make, model, and vehicle identification number of each transfer vehicle, with a minimum of two (2) units.
(6) 
Proof that the applicant has been issued a permit by the state board of health and pursuant to authorization of Texas Health and Safety Code, section 773.041 (Vernon’s 2003) must be shown. No emergency ambulance permit will be issued unless the applicant has obtained such a permit. Also, the city requires proof that the ambulance service is in compliance with all requirements of the area medical director.
(7) 
Each ambulance shall be staffed with no fewer than two (2) persons. At the minimum, one person shall be certified at the level of emergency medical technician and/or emergency medical technician-intermediate and one person shall be certified or licensed at the level of emergency medical technician-paramedic by the department of state health services. A list of persons who will act as ambulance attendants and drivers, their current state registry status, and their date of employment must be submitted.
(8) 
Proof of state safety inspection sticker for each vehicle.
(9) 
All motor vehicles used for the purpose of providing ambulance service hereunder shall be in compliance with the Texas Health and Safety Code and rules promulgated by the department of state health services.
(10) 
Applicant shall attach to the application a current financial statement.
(11) 
A schedule of rates, charges, and fees to be charged by the applicant for the transfer ambulance service.
(b) 
Copies of each application for ambulance service shall be forwarded to the city manager, or his/her designate, and he/she shall review applications for ambulance service and make recommendations to the city council.
(c) 
Any person who gives false information regarding any statements made in subsection (a) of this section, shall be guilty of a class C misdemeanor and subject to punitive measures, which may include suspension or revocation of any permit granted.
(Ordinance 07-3478, sec. III (4-23), adopted 5/8/07)
Every applicant for a transfer ambulance operator’s permit shall pay to the city the following nonrefundable fees upon the filing of the application with the city secretary as set forth in the master fee schedule
(1) 
An annual permit fee.
(2) 
In addition to the annual permit fee required to be paid to the city as set forth in this section, each applicant for a transfer ambulance operator's permit shall pay to the city an annual inspection fee. This inspection fee is assessed to defray part of the certification and inspection costs by the city under this division. This fee may be waived by the city manager or his/her designee upon review.
(Ordinance 07-3478, sec. III (4-24), adopted 5/8/07; Ordinance 23-3746 adopted 5/23/2023)
(a) 
Upon application for a permit, the city council will set the time for a public hearing and receive evidence as to whether clear and convincing evidence shows that the community has a need for additional services and current services within the city, and the community will not be adversely affected. The applicant shall not be granted a permit unless the city council finds and determines that the public convenience and necessity will be served by the issuance of such permit. The city council shall also have the right to call any witnesses that may be deemed necessary or appropriate to determine whether the applicant is qualified to render good services and has or will have sufficient equipment of suitable type and condition as well as any other relevant facts bearing on whether the additional services are needed and in the interest of the public as a whole.
(b) 
In all hearings, the burden of proof shall be upon the applicants to establish by clear and convincing evidence that a need in the community exists for their services.
(Ordinance 07-3478, sec. III (4-25), adopted 5/8/07)
(a) 
No ambulance shall be operated in the city unless there is at all times in full force and effect insurance coverage as follows:
(1) 
Commercial general liability: Coverage for claims for damages because of bodily injury, sickness or disease or death of any person other than ambulance service provider’s employees, claims insured by usual bodily injury liability coverages, and claims for damages because of injuries to or destruction of tangible property, including loss of use resulting therefrom in an amount of not less than one million and no/100 dollars ($1,000,000.00) per occurrence;
(2) 
Automobile liability: Coverage for claims for damages resulting from an automobile accident resulting in property damage and/or personal injury or death in an amount not less than one million and no/100 dollars ($1,000,000.00) per occurrence;
(3) 
Professional liability: Coverage for claims for damages resulting from professional malpractice liability in an amount of not less than one million and no/100 dollars ($1,000,000.00) per occurrence.
(b) 
Such insurance policy shall not contain a passenger liability exclusion.
(c) 
Every insurance policy required shall extend for the duration of the ambulance service operation, and the insurance policy shall contain a provision obligating the insurer to give not less than thirty (30) days’ written notice to the city and the fire chief prior to the date of any reduction or cancellation of that policy.
(d) 
No emergency ambulance operator’s permit will be issued until such insurance is in effect and a certificate of insurance has been filed with the application.
(Ordinance 07-3478, sec. III (4-26), adopted 5/8/07)
(a) 
Attendants employed with an ambulance service must be currently certified with the state registry of the department of state health services, emergency medical services division, as an emergency medical technician, EMT-I (intermediate), EMT-P (paramedic), or EMT-LP (licensed paramedic).
(b) 
Attendants and drivers employed with an ambulance service must meet all minimal state and federal requirements, medical control requirements, and:
(1) 
No later than six months from the date of employment, must provide evidence showing completion of the National Safety Council approved defensive driving course or comparable driver safety course approved by the city. An extension may be granted by the city manager or his/her designee;
(2) 
Possess a license valid to operate an emergency vehicle and transfer ambulance in the state; and
(3) 
When asked by the city manager or designee, ambulance service will be able to provide proof that any or all employees are free of communicable diseases and are physically capable of performing the required duties. Ambulance service will also be able to provide, upon request by city manager or designee, proof that employee(s) have immunity to the following diseases by immunization or, when applicable, by the history of prior infection:
(A) 
Rubella (German Measles).
(B) 
Red measles.
(C) 
Mumps.
(D) 
Hepatitis B.
(E) 
Tetanus-Diphtheria.
EMS personnel shall be tested for tuberculosis annually (semi-annually preferred) unless required by state law to test more frequently. Positive reactors should be referred to the public health authorities for appropriate followup.
(Ordinance 07-3478, sec. III (4-27), adopted 5/8/07; Ordinance 22-3725, sec. 2, adopted 1/25/22)
(a) 
Ambulance service operators, and their agents or employees, upon receipt of a request for emergency service within the city limits, shall immediately relay the request to the city fire department EMS central dispatcher.
(b) 
Unless authorized to do so by the city manager or his/her designee, it is unlawful for ambulance service operators, their agents, or their employees to go to the scene of an emergency within the city limits with the intent to provide emergency service and transportation; provided, however, if persons operating a transfer or emergency vehicle discover an emergency situation within the city limits, they shall immediately notify the city fire department EMS central dispatcher and shall remain to render aid until a city fire department EMS vehicle arrives.
(c) 
Ambulance service operators shall mark each vehicle distinctly with the name of the company providing ambulance service. The words “Emergency Medical Services,” or “EMS” shall not be written on any vehicle, and vehicles shall not be marked in any way which might cause confusion with EMS vehicles. It is unlawful for any person to mark his/her vehicles in any way, other than to place the name of the company on the vehicles.
(d) 
Ambulance service operators, their agents, or their employees, shall not hold out to the public in any manner that their personnel are trained emergency medical technicians or paramedics unless they have been so certified or licensed by the department of state health services emergency services medical division.
(e) 
Ambulances shall be used only for the purpose of transporting patients, and no other use shall be lawful.
(2000 Code, sec. 4-28; Ordinance 07-3478, sec. III (4-28(d)), adopted 5/8/07)
(a) 
Each ambulance shall be manned by at least one person meeting the requirements of section 6.05.068.
(b) 
Each vehicle shall meet all minimum requirements set forth by state and federal regulations at all times. Units will be kept clean and sanitized.
(c) 
Each ambulance shall be licensed to carry the required equipment and staff for BLS (Basic Life Support unit).
(d) 
If the city manager or his/her authorized representative has reasonable cause to believe that there exists any ambulance containing any condition or code violation which makes such ambulance unsafe, dangerous or hazardous, the city manager or his/her authorized representative may, after proper request has been made, inspect and examine the ambulance pursuant to this division.
(e) 
The city manager or his/her authorized representative may then direct such ambulances to proceed to a specified location for further inspection. An ambulance that does not meet the inspection requirements will immediately be taken out of service and replaced by another company ambulance that is compliant. Transfer ambulance that failed inspection may be put back into service after corrections have been made and evidence of such has been presented to the city manager or his/her designee.
(f) 
Each unit shall be equipped with a two-way radio which transmits and receives on frequencies designated for use by the Federal Communications Commission (FCC) between each vehicle and dispatch. Radio communications to and from such transfer ambulance vehicles shall be the sole responsibility and expense of the operator. In addition, each transfer ambulance vehicle shall have capability to communicate with hospitals and other emergency services from their ambulance units.
(2000 Code, sec. 4-29; Ordinance 07-3478, sec. III (4-29(c)–(f)), adopted 5/8/07; Ordinance 22-3725, sec. 3, adopted 1/25/22; Ordinance 22-3725, sec. 4, adopted 1/25/22)
(a) 
The city manager and/or his designee shall investigate every written complaint filed with his office which complaint alleges that the permit holder has committed a violation of the grounds set forth below for reprimand, suspension or revocation of a permit issued.
(b) 
Any one 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 city’s streets when such vehicle has not met the inspection requirements 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 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; and
(B) 
The inspection certificate required under 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 operation hours of the business conducted by permit holder a minimum of two (2) transfer ambulance vehicles as required by this division.
(6) 
Operating a transfer ambulance vehicle as an emergency service vehicle when not authorized to do so in accordance with the terms of this division.
(7) 
Failure to comply with any of the terms and conditions of this division, or has willfully or knowingly violated any of the provisions of such division.
(8) 
Conviction of the permit holder of a felony or any criminal offense involving moral turpitude.
(9) 
Conviction of a driver of driving while under the influence of alcohol and/or illegal drugs or of a driver or attendant of public intoxication.
(10) 
Cancellation, withdrawal, or termination of insurance required by this division.
(11) 
Other good cause exists and public convenience and necessity is no longer served by the permit.
(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 and/or his designee.
(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 council.
(Ordinance 07-3478, sec. III (4-30), adopted 5/8/07)
The term of the permit granted by this division shall be renewable annually. A schedule of rates, charges and fees for services will be filed by the permit holder. Additionally, the transfer ambulance service will conspicuously post within every transfer ambulance vehicle the following: (1) a copy of the schedule of rates and fees for services on file with the city secretary; and (2) the inspection certificate required by this division. This permit renewal will be determined by the city manager or his/her designee after reviewing all necessary information as required in this division. Said term is subject to the provisions of this division and as amended.
(Ordinance 07-3478, sec. III (4-31), adopted 5/8/07)
(a) 
The emergency ambulance operator has the duty to operate the vehicle with appropriate regard for the safety of all persons. This division does not relieve the operator of an authorized emergency ambulance from the consequences of reckless disregard for the safety of others.
(b) 
It shall be unlawful to operate or drive an emergency ambulance on the city’s public streets in excess of the speed limits applicable to nonemergency vehicles unless the driver has notified the public safety communication center of the necessity of such action. Notification shall be by telephone to the 911 operator and shall include the driver’s identification, the ambulance service, and the origin and destination of the service request.
(c) 
The use of sirens or flashing emergency lights upon the city public streets shall be unlawful unless an emergency situation requires use of lights and sirens, and the public communication center has been notified prior to activation of said lights and sirens. Notification shall meet standards in subsection (b) above.
(d) 
It shall be unlawful to operate an emergency ambulance more than ten (10) miles per hour in excess of the posted speed limit.
(Ordinance 07-3478, sec. III (4-33), adopted 5/8/07)
(a) 
When the requirements of this division have been completed, the city secretary shall issue to applicant a transfer ambulance operator’s permit which permit shall expire one (1) year from the issuance date.
(b) 
A transfer ambulance operator’s permit may be renewed by the holder of such permit provided said holder follows the same procedure for such renewal permit as set forth in this division to obtain the initial permit and such renewal application is filed forty-five (45) days prior to the expiration of the existing permit.
(Ordinance 07-3478, sec. III (4-34), adopted 5/8/07)
No portion of this division shall be construed in a manner inconsistent with state laws and regulations, including but not limited to Texas Health and Safety Code, chapter 773 and any other relevant state and federal law.
(Ordinance 07-3478, sec. III (4-35), adopted 5/8/07)