The following words and phrases are defined as follows for this
division:
Ambulance.
Every motor vehicle used, designed or redesigned for the
transportation of the sick or injured except for those operated by
a governmental entity.
Ambulance permit.
A city-issued permit for each ambulance to be operated by
an operator required to obtain an operator’s permit.
Applicant.
A person applying for an operator’s permit.
Emergency ambulance service.
The transfer of seriously ill or injured patients (excluding
emergency 911 generated responses) by means of an ambulance from one
location to another under emergency circumstances.
Emergency circumstances.
The existence of circumstances in which the ambulance is
responding to a call and the element of time in transporting the sick
or injured for medical treatment is essential to the health or life
of such person. Such circumstances are the same as a code 3.
EMS chief.
The emergency medical chief of the city fire department or
the EMS chief’s designee.
Operator.
A person or entity that furnishes or provides ambulance service
and is required to obtain an operator’s permit.
(Ordinance 2008-38 adopted 9/23/08)
(a) 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).
(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:
(1) 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;
(2) Transporting a patient who is picked up from a location beyond the
limits of the city and transported to a location within the city;
(3) 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;
(4) 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;
(5) 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)
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:
(1) If
the applicant is a corporation or proposes or intends to do business
as a corporation, such application shall contain:
(A) Corporate name, address and telephone number;
(B) Place and date of incorporation;
(C) 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.
(2) If
the applicant is a partnership or association or proposes or intends
to do business as a partnership or association, such application shall
contain:
(A) Name, address and telephone number of the partnership or association;
and
(B) Names, address and telephone numbers of all partners or associates,
whether limited or general.
(3) If
the applicant is a sole proprietor and proposes or intends to do business
as a sole proprietor, such application shall contain:
(A) Company’s name, address and telephone number;
(B) Applicant’s name address, and telephone number; and
(C) Any trade or other name under which applicant does or proposes to
do business.
(4) 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.
(5) The
location and description of the place or places from which it is intended
each ambulance shall be operated.
(6) 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:
(1) 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.
(2) That
the applicant has secured the insurance, as required by this division.
(3) 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.
(4) 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.
(5) 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)
(a) Applicant
shall file a complete and accurate application with all other required
documents with the EMS chief.
(b) 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)
(a) 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:
(1) The operator has failed or neglected to render the full service required
by the permit;
(2) 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;
(3) The permit was obtained by an application in which a material fact
was omitted or stated falsely;
(4) The operator has persisted in permitting an ambulance to be operated
in violation of any law;
(5) The operator has failed to comply with any of the provisions herein,
or has willfully or knowingly violated any of the provisions herein;
(6) 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.
(b) 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)
(a) 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.
(b) An
ambulance shall not be operated on the public streets of the city
unless it complies with the following:
(1) The ambulance is free of major structural damage, which may cause
the vehicle to be unsafe or unpresentable for public use.
(2) The ambulance has no serious impairment of any safety feature resulting
from an accident or otherwise.
(3) The ambulance interior is maintained in a clean condition as is reasonable
and necessary for the health of the patient.
(4) The ambulance is equipped and supplied according to the department
of state health services guidelines and requirements.
(5) 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) 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)
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)
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)
No emergency ambulance service shall be provided within the
city limits unless it complies with the following conditions:
(1) The
emergency ambulance must first notify public safety communications
of the city of:
(B) Destination of transfer; and
(C) 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.
(2) 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.
(3) 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).
(4) 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.
(5) 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.
(6) It
shall be an offense to operate an emergency ambulance under emergency
conditions unless such ambulance is equipped with:
(A) Red lights mounted on the vehicle which are clearly visible from
a three hundred sixty-degree coverage;
(B) Cellular phone or radio dispatch system communication capabilities
sufficient to communicate with city’ dispatch system; and
(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)
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)
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)
(a) Any
violation of this division, upon conviction, is punishable as a class
C misdemeanor.
(b) Any
person violating a provision of this division upon conviction, is
punishable by a fine not to exceed five hundred dollars ($500.00).
Each day any violation of this division shall continue shall constitute
a separate offense.
(Ordinance 2008-38 adopted 9/23/08)