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;
(e) That the license fee provided by Section
9.84.100 has been deposited with the City Clerk;
(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;
(j) Acknowledge receipt of and agree to comply with the rules and regulations governing ambulances as provided by Section
9.84.020.
(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)
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)
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)