The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A trained and/or qualified individual who is responsible
for the operation of an ambulance and the care of the patients, whether
or not the attendant also serves as the driver.
A person who is qualified as an attendant and a driver.
Has the meaning as defined in V.T.C.A., Health and Safety
Code section 773.003(8) and (19), and, in addition, shall expressly
include any nonemergency transfer services provided by an emergency
vehicle.
Has the meaning as defined in V.T.C.A., Health and Safety
Code section 773.003(12) and, in addition, shall expressly include
any such vehicle used for nonemergency transfer services.
A license of public convenience and necessity.
Any circumstance in which a patient is transported by an
emergency medical vehicle under circumstances which are or have been
represented to be of a nonemergency nature.
(Ordinance 1146 adopted 1/2/14)
(a)
The
provisions of this article shall not apply to any emergency medical
vehicle or emergency medical service, or the driver or attendant of
any emergency vehicle, which is:
(1)
Rendering assistance to patients in case of a major catastrophe or
emergency with which the licensed emergency medical vehicles of the
city are unable to cope.
(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 hospital or clinic within
the limits of the city and transported to a location beyond the limits
of the city, provided that the emergency medical vehicle or emergency
medical service initially transported the patient to the same hospital
or clinic and is making a return trip.
(5)
Rendering emergency medical services to citizens of the city pursuant
to a contract entered into by and between the city and an emergency
medical services provider for the provision of such services.
(6)
An air ambulance service providing services to a patient within the
city.
(b)
The
provisions of this article shall not apply to any emergency medical
vehicle operated by any agent or employee of the federal or state
government, or an agency thereof, if the service is done in the performance
of such agent’s or employee’s official duties.
(Ordinance 1146 adopted 1/2/14)
No person shall operate an emergency medical vehicle or provide
emergency medical service upon the streets of the city without first
obtaining a license of public convenience and necessity from the city
council. No license shall be granted until after the publication of
a notice and public hearing under the procedures set forth in this
article.
(Ordinance 1146 adopted 1/2/14)
Every application for a license required by this article shall
be in writing, signed and sworn by the applicant, and shall be filed
with the city. The application shall be on a form provided by the
city and shall contain the following:
(1)
If
the applicant is a corporation, or proposes or intends to do business
as a corporation, the application shall contain:
(A)
The corporate name;
(B)
The place and date of incorporation;
(C)
The names and addresses of the incorporators;
(D)
The names, addresses and corporate titles of all corporate officers;
(E)
The name and address of the corporate registered agent; and
(F)
The names and addresses of all persons owning or otherwise holding
as much as ten (10) percent of any corporate stock.
(4)
The
number of vehicles the applicant proposes to operate, together with
a description of each vehicle, when available, including the make,
model, year of manufacture, state license number for the current year,
motor and chassis number, and the length of time the vehicle has been
in use.
(5)
The
location and description of the places from which it is intended the
vehicle shall be operated.
(6)
Verification
that a copy of the applicant’s state emergency medical vehicle
license has been filed with the city prior to operation.
(7)
A
schedule of the proposed rates to be charged by the applicant.
(8)
Copies
of all insurance policies required under this article, a certificate
of insurance evidencing that policies are in force or a binding agreement
to obtain coverage prior to the commencement of service.
(9)
A
complete and up-to-date financial statement of the applicant, partnership,
every partner or associate, and, if the applicant is a corporation,
a complete and up-to-date balance sheet of the corporation.
(10)
A complete list of the names and addresses of all persons employed
by the applicant, whether full time or part time.
(11)
Such other information as the city shall determine to be reasonably
necessary to a fair determination of the applicant’s qualifications
to operate an emergency medical service in the city.
(Ordinance 1146 adopted 1/2/14)
Within thirty (30) days after the receipt of an application for a license under this article, the city council shall cause a public hearing to be held concerning the application. Notice of the hearing shall be given, in writing, to the applicant, all persons holding licenses for emergency medical service in the city, and all persons providing emergency medical service in the city under an exception listed in section 4.10.002. Notice shall be given to the public by publication in a newspaper published in the city, not less than ten (10) days prior to the date of the public hearing.
(Ordinance 1146 adopted 1/2/14)
In determining whether public convenience and necessity require
the licensing of a proposed emergency medical service, the city council
shall consider:
(1)
Whether
the public is, at the time, adequately served;
(2)
The
financial responsibility of the applicant;
(3)
The
number, kind and type of equipment to be operated by the applicant;
(4)
A
schedule of rates proposed to be charged;
(5)
Whether
the safe use of the streets by the public, both vehicular and pedestrian,
will be preserved; and
(6)
Such
other facts as the city council shall consider relevant.
(Ordinance 1146 adopted 1/2/14)
The city council shall not grant any license under this article
unless it finds that:
(1)
The
public convenience and necessity require the proposed emergency medical
service for which the application has been submitted, and that service
would not adversely affect total emergency medical service to the
people of the city, nor the overall quality thereof.
(2)
The
applicant has procured or submitted a binding agreement to provide
emergency medical vehicles and equipment, complying with the standards
required in this article.
(3)
The
applicant has procured or submitted a binding agreement to secure
insurance, as required by this article.
(4)
The
applicant and all attendants, drivers and attendant drivers are fit
and proper persons to conduct the proposed emergency medical service.
(5)
All
the requirements of this article, all other applicable ordinances
of the city and state laws have been met by the applicant.
(Ordinance 1146 adopted 1/2/14)
(a)
License subject to compliance with article.
A conditional
license may be granted subject to the applicant complying with all
of the conditions of this article, but any applicant granted a conditional
license who has not fulfilled all of the conditions of this article
shall not go into operation until all of the conditions are fulfilled
and all of the information required by this article has been filed
with the city secretary.
(b)
Expiration.
All conditional licenses granted subject
to the fulfillment of the conditions of this article shall expire
and be null and void if the applicant has not complied with all conditions
in ten (10) days from the date of the issuance of the license.
(c)
Reapplication.
If the conditions are not met in ten
(10) days, the applicant must reapply to the city council for a new
license.
(d)
Request to consider applicant compliance.
Should a question
arise as to the applicant’s compliance with this article, where
a license has been granted subject to certain conditions being met,
the applicant may request a hearing before the city council, which
shall consider the applicant’s license and may revoke or grant
the license if the applicant has complied with all of the conditions
of this article.
(e)
Failure to meet conditions for reissuance.
An applicant
who previously has been given a conditional license subject to meeting
certain conditions and has failed to meet the conditions will not
be issued another conditional license, subject to the requirements
of this article.
(Ordinance 1146 adopted 1/2/14)
(a)
Minimum coverage.
An applicant for a license required
by this article shall file with his application an insurance policy,
to be approved by the city attorney, providing insurance coverage
for each and every emergency medical vehicle owned, operated and/or
leased by the applicant for injury to or death of persons in accidents
resulting from any cause for which the owner of the vehicle would
be liable on account of any liability imposed on him by law, regardless
of whether the emergency medical vehicle was being driven by the owner,
his agent or lessee, and against damage to the property of another,
including personal property under similar circumstances, in sums as
may be approved by the city attorney or the minimum amount as prescribed
by the Texas Tort Claims Act or applicable statute.
(b)
Continuance after recovery.
Every policy of insurance
shall continue to the full amount of such policy, notwithstanding
any recovery thereon, and the liability of the insurer shall not be
affected by the insolvency or bankruptcy of the insured. The policy
shall run to the city for the benefit of any and all judgment creditors.
(c)
Coverage period.
Every insurance policy required under
this section shall extend for the period to be covered by the license
applied for, and the insurer shall be obliged to give not less than
thirty (30) days written notice to the city and the insured before
any cancellation or termination of the policy earlier than its expiration
date, and the cancellation or other termination of any policy shall
automatically revoke and terminate the license(s) issued for the emergency
medical vehicles covered by the policy, unless another insurance policy
complying with the provisions of this section shall be provided and
be in effect at the time of such cancellation or termination.
(Ordinance 1146 adopted 1/2/14)
(a)
Every
license issued under this article shall be subject to revocation or
suspension by the city council when it shall appear that:
(1)
The operator has failed or neglected to render the full service authorized
by his license.
(2)
The operator has been convicted of a felony or any criminal offense
involving moral turpitude.
(3)
The license was obtained by an application in which any material
fact was omitted or stated falsely.
(4)
The operator had persisted in permitting his vehicles to be operated
in violation of any law.
(5)
The operator has failed to comply with, or willfully or knowingly
violated, any of the provisions of this article.
(6)
The operator has given or allowed a rebate commission or any reduced
rate discount not provided for in the established rate.
(7)
The operator or his agent has induced, or sought to induce, a change
of destination to or from a hospital or other place specified by the
person hiring the emergency medical vehicle, unless the operator can
provide evidence that the change of destination was medically necessary.
(8)
The operator or his agent has knowingly received any payment, favor
or gratuity from any mortuary operating in the city for the purpose
of inducing any person transported by the operator or his agent to
utilize the services of the mortuary, and no emergency medical vehicle
operator shall engage in or have any financial interest in a mortuary
service.
(9)
The operator allows his insurance, as provided for in this article,
to be canceled, withdrawn or terminated.
(10)
The operator allows his vehicles or equipment to become damaged,
deteriorated or unclean to the extent that it is unfit for public
use, in the judgment of the city.
(b)
Proceedings
for the revocation or suspension of a license shall be undertaken
by the city council in the same manner as proceedings for issuance
of a license. All complaints shall be referred to the city manager,
who shall cause an investigation to be made prior to any action for
revocation or suspension, and the city secretary shall give ten (10)
days notice thereof, by certified mail, to the operator holding the
license, that the action will be considered at a certain date, which
shall not be less than thirty (30) days from the date of the notice.
The city council shall thereupon undertake to consider the complaint
and either revoke or suspend the license or dismiss the complaint.
(Ordinance 1146 adopted 1/2/14)
Any person violating section 4.10.003 of this article, upon conviction, is punishable by a fine in accordance with the general penalty provision set forth in section 1.01.009 of this code for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs.
(Ordinance 1146 adopted 1/2/14)
