It is unlawful for any person to engage in the business of operating
an ambulance within the City or from a point outside the City without
first having obtained a permit to operate an ambulance authorized
by the City Council upon application duly made in the manner provided
in this Chapter and compliance by applicant with the requirements
of this Chapter; provided that the City Council may deny such permit
if it should determine that public convenience and necessity do not
require the issuance thereof.
(Ord. 192 § 1, 1982)
Any person applying for a certificate as required by the preceding Section 9.84.050 shall file with the City Clerk a verified application which shall set forth the following:
(a)
The
name, address and residence of person applying for such certificate
of convenience and necessity;
(b)
The
location, description, capacity and hourly availability of ambulance
or ambulance services owned or operated by the applicant;
(c)
The
make, model and distinguishing color scheme and design, including
any monogram or insignia to be used on each ambulance;
(d)
Each vehicle intended to be used for ambulance service has been inspected by the City Manager and meets the requirements of Section 9.84.180;
(f)
The
experience of the applicant in the transportation and care of sick
or injured persons;
(g)
The
names, addresses and experience in first aid of each driver or helper
employed, or to immediately be employed, in the operation of such
ambulance service, and the driving experience of such driver or helper;
(h)
Description
of central location of housing facilities where each ambulance is
to be located, which housing facilities shall be subject to approval
of the City Manager;
(i)
That
the applicant carries public liability insurance in a minimum amount
of three hundred thousand dollars ($300,000.00) for injuries to one
or more persons and for property damage in the minimum amount of fifty
thousand dollars ($50,000.00), and agrees that such policy shall carry
an endorsement protecting the City against any claims or demands as
a result of persons injured or killed or property damaged as a result
of the operation of the ambulance or ambulance operated by the applicant;
a copy of such policy or policies to be deposited with the City Clerk
together with an endorsement thereon, requiring the carrier to notify
the City ten (10) days in advance of an intended cancellation of any
material change in such coverage;
(Ord. 192 § 1, 1982)
(a)
Upon
filing of the fully completed application for the certificate of public
convenience and necessity, the City Clerk shall fix the time for a
public hearing thereon before the City Council for the purpose of
determining whether the public convenience and necessity requires
the proposed ambulance service.
(b)
Notice
of the time and place of the public hearing before the City Council
shall be published once in a newspaper of general circulation, circulated
in the City, such publication to be completed at least five (5) days
prior to the date of hearing; and the cost of publication shall be
at the expense of the applicant.
(Ord. 192 § 1, 1982)
In determining whether public convenience and necessity require
the ambulance service for which the application is made, the City
Council shall investigate and consider:
(a)
The
demand of the public for additional ambulance or ambulance services;
(b)
The
adequacy of the existing service, if any;
(c)
The
financial responsibility and experience of the applicant;
(d)
The
number, make and type of equipment and the color scheme to be used;
(e)
The
effect which the proposed ambulance service may have on traffic congestion
and parking, and whether it will result in a greater hazard to the
public.
(Ord. 192 § 1, 1982)
If the City Council shall, by resolution, declare that public
convenience and necessity require the granting of such certificate,
a certificate of convenience and necessity shall be issued to the
applicant entitled thereto; provided the City Council may, in its
discretion, determine the character and number of certificates to
be granted, and further, provided that no certificates authorized
hereunder shall be issued to any person who shall not have fully complied
with all the requirements of this Chapter.
(Ord. 192 § 1, 1982)
(a)
Upon
the filing of an application for a certificate of public convenience
and necessity, the applicant shall deposit with the City Clerk the
amount Council has authorized the granting of the certificate provided
for in this Chapter.
(b)
The
annual license fee, as established by resolution of the City Council,
shall be in lieu of any other business license. The license shall
expire on December 31st of each year, and no part shall be refundable
in the event of cessation of business for any cause.
(c)
When
the City Council has authorized the issuance of a certificate of public
convenience and necessity, the City Clerk shall issue to the applicant
both a permit and license certificate showing payment of the business
license fee. The permit shall be in such form and as the City Manager
provides. The permit and certificate of public convenience and necessity
shall be affixed to and prominently displayed on the rear of each
vehicle as designated by the rules.
(Ord. 192 § 1, 1982)
If an owner sells or transfers title to a vehicle for which
a certificate has been issued, or in the event an ambulance for which
a certificate has been issued has been destroyed, he is entitled,
as a matter of right, upon written application to the City Council
made within fifteen (15) days after such sale, transfer or destruction,
to have a new certificate issued, but for no greater number than sold,
transferred or destroyed; and provided that such owner has complied
with all the provisions of this Chapter.
(Ord. 192 § 1, 1982)
If the service permitted under any certificate of convenience
and necessity is for any reason discontinued by the holder for a period
of thirty (30) days, the certificate shall be automatically canceled
and shall be restored only by the approval of a new application filed
pursuant to the provisions of this Chapter.
(Ord. 192 § 1, 1982)
In no event shall a certificate of public convenience and necessity
issued under the provisions of this Chapter be transferable. Upon
any sale or transfer of a majority interest in a business, the certificate
shall be automatically canceled.
(Ord. 192 § 1, 1982)
(a)
The
City Council shall act on an application for a certificate of public
convenience and necessity by resolution and may deny any such application
if, in its sound discretion, it determines that:
(1)
The proposed operation is undesirable or inadequate to meet the needs
of the City;
(2)
There is insufficient public need or demand for the proposed operation;
(3)
The vehicles proposed to be operated under such certificate are inadequate
or unsafe;
(4)
The applicant has been convicted of a felony or the violation of
a narcotic law or of any penal law involving moral turpitude or of
any ordinance relating to traffic or use of streets in the City;
(5)
The proposed color scheme or characteristic insignia will tend to
confuse the identification of the vehicles proposed to be operated
with those of another owner operating an ambulance service in the
City;
(b)
The
Council may, by resolution, and after five (5) days' written
notice to an owner, suspend or revoke an owner's certificate
of necessity for any of the grounds for which it may deny an application,
and in addition thereto, it may suspend or revoke any owner's
certificate of necessity for a violation of any of the provisions
of this Chapter or for a failure to pay any judgment for damages arising
from the operation of the vehicles, or any of them, for which the
certificate of necessity was issued.
(Ord. 192 § 1, 1982)
(a)
The
City Manager may at any time revoke or suspend the certificate granted
pursuant to this article if:
(b)
All
certificates which shall have been suspended or revoked shall be surrendered
to the City Clerk, and the operation of all vehicles covered by such
certificate shall cease and be unlawful.
(Ord. 192 § 1, 1982)
An owner whose certificate has been suspended or revoked, pursuant
to the provisions of this Article, shall have the right of appeal
from such action to the City Council. Such appeal shall be in writing
and shall be filed within ten (10) days after the denial, revocation
or suspension with the City Clerk. Such appeal need not be in formal
language, but shall State concisely the name of the officer, employee
or department complained of, and the date of the denial, revocation
or suspension. The Clerk shall transmit such appeal to the Council
at its next regular meeting, at which time such Council shall set
a date for hearing and cause the Clerk to give notice of the time
and place of such hearing to the appellant, who may appear in person
or by counsel. The Council shall determine such appeal within thirty
(30) days after such hearing.
(Ord. 192 § 1, 1982)
The City Council shall require and keep on file with the City
Clerk, a maximum rate schedule which may be charged by the owner of
a certificate of public convenience and necessity hereunder within
the City. Such rates may be changed from time to time. Copies of such
rate schedule shall be posted in a conspicuous place in each ambulance
and shall also be posted in the premises where such ambulances are
stationed.
(Ord. 192 § 1, 1982; Ord. 196 § 1, 1982)
(a)
All
vehicles for which a certificate of public convenience and necessity
has been issued must have a current license issued by the California
Highway Patrol as required by Vehicle Code Section 2510.
(b)
Upon
the failure of any vehicle to pass inspection by the California Highway
Patrol, the City Manager shall suspend the right to use such vehicle
for ambulance purposes until such time as the same is brought up to
standard.
(Ord. 192 § 1, 1982; Ord. 552 § 2, 2003)
