Division 3 Public Ambulance Services

It shall be unlawful for any person to engage in furnishing ambulance service by operating or driving or causing to be operated or driven an ambulance upon the public streets of the city, whether under emergency circumstances or not, without first having obtained an operator’s permit, subject to the exceptions listed in subsection (b).

The provisions of this division shall not apply except for sections 6-9-71 and 6-9-73 to any ambulance or ambulance service or to the driver or attendant thereof of any ambulance under the following circumstances:

Rendering assistance to patients in case of a major catastrophe or emergency with which the licensed ambulances of the city are unable to cope as determined by the EMS chief;

Transporting a patient who is picked up from a location beyond the limits of the city and transported to a location within the city;

Transporting a patient who is picked up from a location beyond the limits of the city and transported to a location beyond the limits of the city and only incidentally passing through the city;

Transporting a patient picked up from a location within the limits of the city and transported to a location beyond the limits of the city, providing said ambulance service initially transported said patient into the city and is making the return trip;

Transporting a patient who is picked up from a location within the limits of the city and transported to a location beyond the limits of the city, provided said operator has its principal place of business located beyond the limits of the city and the patient’s permanent residence is also outside the city limits.

(c)

Operator’s permits issued under the provisions of this division shall be valid for a period of one year commencing on October 1 and expiring on September 30 of the following year. The application process shall commence on August 1. The initial permit, however, shall be valid for a period less than one year if the permit is issued subsequent to October 1.

(Ordinance 2008-38 adopted 9/23/08)

§ 6-9-63 Application requirements.

Every application for an operator’s permit required by this division shall be in writing, signed and sworn to by the operator, and shall be filed with the EMS chief. The application shall be on a form provided by the EMS chief and shall contain the following:

If the applicant is a corporation or proposes or intends to do business as a corporation, such application shall contain:

Corporate name, address and telephone number;

Place and date of incorporation;

Names, addresses and telephone numbers of the incorporators;

(D)

Names, addresses, telephone numbers and corporate titles of all corporate officers;

(E)

Name, address and telephone numbers of the corporate registered agent; and

(F)

Names, addresses and telephone numbers of all persons owning or otherwise holding as much as ten (10) percent of any corporate stock.

If the applicant is a partnership or association or proposes or intends to do business as a partnership or association, such application shall contain:

Name, address and telephone number of the partnership or association; and

Names, address and telephone numbers of all partners or associates, whether limited or general.

If the applicant is a sole proprietor and proposes or intends to do business as a sole proprietor, such application shall contain:

Company’s name, address and telephone number;

Applicant’s name address, and telephone number; and

Any trade or other name under which applicant does or proposes to do business.

The number of ambulances the applicant proposes to operate, together with a description of each such vehicle, including the make, model, year of manufacture, state license number for the correct year, and the vehicle identification number.

The location and description of the place or places from which it is intended each ambulance shall be operated.

§ 6-9-64 Standards required for issuance of permit.

A copy of applicant’s department of state health services certificates shall be filed with the EMS chief prior to operation showing that the applicant has all of the basic life support emergency medical services provider qualifications for all ambulances and that all attendants have been certified as required by the department of state health services.

(7)

A copy of a certificate of insurance for evidencing compliance with the conditions required by section 6-9-70 or a binding agreement to obtain such coverage prior to the commencement of service.

(8)

A complete list of names and addresses of all persons employed by applicant, whether full or part-time.

(9)

Such other information as the EMS chief shall determine to be reasonably necessary for a fair determination of the applicant’s compliance with the required qualifications to operate an ambulance service in the city.

(Ordinance 2008-38 adopted 9/23/08)

An applicant’s permit shall not be issued under this division unless the EMS chief finds the following:

That the applicant possesses or has under contract all necessary and required ambulance vehicles, supplies and equipment, and staffed according to the department of state health services.

That the applicant has secured the insurance, as required by this division.

That all the requirements of this division, all other applicable ordinances of the city and all applicable state laws have been met by the applicant.

That the applicant has all of the basic life support emergency medical services provider qualifications for all vehicles and that all attendants have been certified as required by the department of state health services.

§ 6-9-65 Applicant’s permit procedures.

The applicant has not been convicted of a felony or criminal offense related to the duties required for operating an ambulance as provided in section 4-1-1 and guidelines adopted by the city manager and on file for public inspection in the office of the city secretary.

(Ordinance 2008-38 adopted 9/23/08)

Applicant shall file a complete and accurate application with all other required documents with the EMS chief.

§ 6-9-66 Suspension or revocation of operator’s permit.

The EMS chief shall conduct an investigation to obtain sufficient information to determine that the applicant has met all of the required conditions. The investigation shall be completed and the order of denial or approval issued within twenty-one (21) days after receipt of a complete and accurate application from the applicant. Denial of the application shall be in writing, informing the applicant of the reason for denial.

(c)

If no action is taken by the EMS chief within twenty-one (21) days, it shall be considered denied. If denied, the applicant may appeal as provided in section 1-2-5 of this code.

(Ordinance 2008-38 adopted 9/23/08)

Every permit issued under this division shall be subject to revocation or suspension by the EMS chief based on one or more of the following violations:

The operator has failed or neglected to render the full service required by the permit;

The operator has been convicted of a felony or criminal offense related to the duties required for operating an ambulance as provided in section 4-1-1 and guidelines adopted by the city manager and on file for public inspection in the office of the city secretary;

The permit was obtained by an application in which a material fact was omitted or stated falsely;

The operator has persisted in permitting an ambulance to be operated in violation of any law;

The operator has failed to comply with any of the provisions herein, or has willfully or knowingly violated any of the provisions herein;

The operator failed to obtain the required insurance or allowed the required insurance to be canceled, withdrawn, or terminated; or

(7)

The operator used an ambulance to provide ambulance services when the ambulance equipment was damaged, deteriorated, or unclean to the extent that it was unfit for public use.

Proceedings for the revocation or suspension of a permit shall be undertaken by the EMS chief. All complaints shall be referred to the EMS chief, who shall cause an investigation to be made prior to any action for revocation or suspension. The EMS chief shall give ten (10) day’s notice of a hearing by certified mail to the operator holding the permit, that the revocation or suspension will be considered at a date which shall be not less than ten (10) days or more than thirty (30) days from the date of the notice. The EMS chief shall thereupon undertake to consider the complaint and either revoke or suspend the permit or dismiss the complaint. A suspension or revocation may be appealed as provided in section 1-2-5 of this code. The status quo shall be preserved pending final determination. When in the judgment of the EMS chief, a violation exists which requires immediate abatement because of danger to property, sanitation, health or the safety of citizens, the chief shall have authority to suspend a permit immediately. In the event of an emergency revocation, the chief shall provide notice as soon as possible and provide an opportunity for a hearing within ten (10) days if requested.

(Ordinance 2008-38 adopted 9/23/08)

§ 6-9-67 Ambulance requirements.

It shall be unlawful for any person to operate or cause to be operated an ambulance without first having obtained an ambulance permit from the city.

An ambulance shall not be operated on the public streets of the city unless it complies with the following:

The ambulance is free of major structural damage, which may cause the vehicle to be unsafe or unpresentable for public use.

The ambulance has no serious impairment of any safety feature resulting from an accident or otherwise.

The ambulance interior is maintained in a clean condition as is reasonable and necessary for the health of the patient.

The ambulance is equipped and supplied according to the department of state health services guidelines and requirements.

The ambulance shall be identified in such a manner as to clearly indicate the ambulance is used for ambulance purposes only. No other type of advertising may be used on such vehicle.

§ 6-9-68 Certification requirements for ambulance, driver and attendant.

The ambulance operator’s business name and ambulance unit number shall appear on each side of the vehicle in letters of not less than three (3) inches in height and one-half (1/2) inch in width.

(7)

If an ambulance is operating under a code 3, operating with lights and sirens, the driver or attendant must first notify public safety communications of the city.

(Ordinance 2008-38 adopted 9/23/08)

No person shall serve as an ambulance attendant or driver within the city, who has not been certified to meet the requirements of the department of state health services. The ambulance shall be required to meet all the requirements and have a current certificate from the department of state health services. The ambulance, driver, and attendant shall be certified and shall provide only the level of care certified by the department of state health services.

(Ordinance 2008-38 adopted 9/23/08)

§ 6-9-69 Inspections.

The EMS chief shall make all necessary inspections of applicable licenses, certifications, permits, and insurance documents prior to issuance and/or renewal of said permit. The city reserves the right to reinspect all the above mentioned without prior notification, to insure continued compliance with this division. Failure to meet such minimum standards shall result in a revocation of such vehicle permit and a discontinuation of its use as an ambulance within the city. The operation of an ambulance without the required permit shall be unlawful. The city reserves the right to inspect the ambulances for necessary equipment and supplies. These inspections will not be conducted, except when there is reason to believe the company is in noncompliance with department of state health services requirements.

(Ordinance 2008-38 adopted 9/23/08)

§ 6-9-70 Insurance requirements.

Before an ambulance operator’s permit is granted to an applicant, or before any renewal thereof, the operator seeking renewal shall provide evidence to the EMS chief by means of an insurance certificate that there is in full force and effect a public liability insurance policy on each ambulance, such insurance policy to be issued by an insurance company licensed to do business in the state, or by a surplus line insurance company which is not legally prohibited from doing business in the state. If the applicant will provide any emergency ambulance service such insurance policy or policies shall provide liability insurance in the amount of not less than one million dollars ($1,000,000.00) for any one (1) accident and not less than five hundred thousand dollars ($500,000.00) for injury to any one person. If the applicant shall not provide any emergency ambulance service, the operator shall provide amounts that are at least equal to state law requirements. Such insurance policy shall not contain passenger liability exclusion. Each liability insurance policy shall contain a provision obligating the insurer to give to the EMS chief written notice of cancellation not less than ten (10) days prior to the date of any cancellation. The policy shall show the EMS chief as a certificate holder with the address of P.O. Box 4398, Odessa, Texas 79760.

(Ordinance 2008-38 adopted 9/23/08)

§ 6-9-71 Requirements for providing emergency ambulance service.

No emergency ambulance service shall be provided within the city limits unless it complies with the following conditions:

The emergency ambulance must first notify public safety communications of the city of:

Nature of call;

Destination of transfer; and

Termination of the service (arriving at destination) unless termination is outside the city.

The purpose of this requirement is to provide notice to the city and city shall not be responsible for making the determination of whether or not the ambulance should operate as a code 3, which shall be made by the emergency ambulance pursuant to state law and regulations.

The driver must comply with all speed and other safety rules as required for authorized emergency vehicles under the traffic rules and regulations of the Texas Transportation Code.

The use of sirens or flashing lights upon the public streets of the city shall be unlawful unless the driver first notifies the fire department as provided in subsection (1).

The use of sirens or flashing emergency lights upon the public streets of the city shall be unlawful except when furnishing emergency ambulance service under emergency circumstances.

It shall be an offense to provide emergency ambulance service under emergency circumstances without slowing as necessary for safe operation as required by state law while entering and passing through an intersection if such intersection is controlled by a stop sign or by a traffic signal which indicates “stop” by displaying a red light.

It shall be an offense to operate an emergency ambulance under emergency conditions unless such ambulance is equipped with:

Red lights mounted on the vehicle which are clearly visible from a three hundred sixty-degree coverage;

Cellular phone or radio dispatch system communication capabilities sufficient to communicate with city’ dispatch system; and

§ 6-9-72 False reports of need for ambulance services.

An audible siren.

(Ordinance 2008-38 adopted 9/23/08)

It shall be an offense for any person to willfully, knowingly or recklessly inform the fire department or police department that an ambulance is needed at a particular place when such statement is false. City may require a complainant to submit a complaint in writing providing the person’s name, address and phone number.

(Ordinance 2008-38 adopted 9/23/08)

§ 6-9-73 Use of lights, sirens and speed.

An ambulance service, not operating under emergency circumstances, shall not be allowed to use red lights and sirens. The only allowable speed to which a transfer ambulance service can operate, if not operating under emergency circumstances, will be the same as required by law for all private vehicles.

(Ordinance 2008-38 adopted 9/23/08)

§ 6-9-74 Injunction.

A person who operates or causes to be operated an ambulance without a valid license or in violation of this division is subject to a suit for injunction as well as prosecution for criminal violations.

(Ordinance 2008-38 adopted 9/23/08)

§ 6-9-75 Penalty clause.

Any violation of this division, upon conviction, is punishable as a class C misdemeanor.