Unless otherwise stated, words and terms are defined as follows:
means an emergency medical vehicle which has additional equipment
and supplies, as required by state or local law and the county health
officer, applicable to the provision of advanced life support level
of service.
means an emergency medical service vehicle which has equipment
and supplies as required by the California Administrative Code and
any other local or state regulation applicable to the provision of
basic life support level of service.
means the city manager of the City of Rancho Cucamonga, or
designee.
means the levels of complexity of field emergency medical
services, and will be specified as basic life support provided by
certified emergency medical technician (EMT-1A) personnel conforming
to the provisions of the California Health and Safety Code full advanced
life-support provided by state-licensed physicians, or by paramedics
and mobile intensive care nurses certified under the California Health
and Safety Code.
means the period when an advanced life support emergency
medical service vehicle is traveling to or from a patient pickup point
as a result of an emergency call and during which said emergency medical
service vehicle is using red lights and siren.
means that person designated as such by the County of San
Bernardino.
means a request for the dispatch of an emergency medical
service vehicle to transport or provide other assistance for a person
who apparently has sudden or unforeseen need of emergency medical
attention.
means the functions performed in response to an emergency
call, and includes the provision of advanced life support.
means any vehicle specially constructed, modified or equipped,
and used for the purpose of transporting sick, injured, convalescent,
infirm or otherwise incapacitated persons and which is equipped with
emergency signaling devices (such as red light and siren) or which
is subject to licensing by the state highway patrol as an emergency
medical service vehicle.
means any person who owns or operates one or more emergency
medical service vehicles, either on an emergency or a nonemergency
basis.
means a nurse who has been certified by the county health
officer as qualified in the provision of emergency cardiac and noncardiac
care and in the issuance of emergency instructions to mobile intensive
care paramedics (MICP).
means a person specially trained in the provision of emergency
cardiac and noncardiac care and who holds a current EMT-P certificate.
means all requests for emergency medical service vehicle
services which do not require a Code 3 response nor the provision
of emergency services as of the time the call is made.
means a sick, injured, wounded, invalid, expectant mother,
convalescent, or otherwise incapacitated person.
means any person who possesses a current city permit to act
as an emergency medical service vehicle operator, including all employees,
directors, officers and agents of permittee.
(Code 1980, § 8.18.010; Ord. No. 269, § 1, 1985; Ord. No. 870 (Recodification), 2014)
A.
It is
unlawful for any person, either as owner, employee or otherwise, to
operate an emergency medical service vehicle, or to engage in business
as an emergency medical service vehicle operator, upon the streets
or any public way or place in the city, except in conformance with
a valid city permit to operate an emergency medical service vehicle
service. A permit may be issued authorizing the provision of nonemergency
services only, or nonemergency and emergency service.
B.
Exceptions.
The equipment and personnel standards specified in this chapter apply
to all emergency medical service vehicle operators; however, the licensing
and permit requirements shall not apply to:
1.
Publicly
owned emergency medical service vehicles; or
2.
Vehicles
operated as emergency medical service vehicles at the request of local
authorities during any "state of war emergency," duly proclaimed "state
of emergency" or "local emergency," as defined in the California Emergency
Services Act, Government Code § 8550 et seq., as amended.
(Code 1980, § 8.18.020; Ord. No. 269, § 1, 1985; Ord. No. 870 (Recodification), 2014)
Permit fees shall be those which are, from time to time, set
by the city council. All permits shall be issued to expire on June
30 of each year.
(Code 1980, § 8.18.030; Ord. No. 269, § 1, 1985; Ord. No. 870 (Recodification), 2014)
Prerequisites to the issuance of a permit or renewal of a permit
for an applicant shall include the filing with the city manager of
an application in writing on a form to be furnished by the city manager,
which shall provide the following minimum information:
A.
Name
and description of applicant;
B.
Business
address and residence address of any individual applicant;
C.
The
name under which the emergency medical service vehicle service will
do business;
D.
If a
corporation, joint venture, partnership or limited partnership, the
names of all partners, or the names of corporate officers, their residence
addresses, and their percentage of participation in the business;
E.
If the
applicant is applying for a permit to provide emergency service, a
verification that the applicant is equipped to and will provide ALS
paramedic service at all times in the city;
F.
Express
warranty from the applicant in all applications that the applicant
owns or has under his or her control required equipment to adequately
conduct an emergency medical service vehicle service in the city which
meets the requirements established by the Vehicle Code, and that the
applicant owns or has access to suitable and safe facilities for maintaining
his emergency medical service vehicle service in a clean and sanitary
condition. If applying for initial or renewed permit to provide emergency
services, both initial and renewal applications must contain a statement
that the applicant will maintain (station) at least one ALS-equipped
emergency medical service vehicle within the geographical boundaries
of the city. Additionally, the applicant must establish to the reasonable
satisfaction of the city manager that the applicant has adequate capability
to back up or augment such ALS-equipped emergency medical service
vehicle if it is not immediately available to respond to a call therefor;
G.
A complete
description of each emergency medical service vehicle to be operated
by the applicant, including a list of the internal equipment carried
by each emergency medical service vehicle, the patient capacity thereof,
and a copy of the applicant's current emergency medical service vehicle
inspection report issued by the state highway patrol for each vehicle;
H.
A statement
by the applicant warranting that each permitted emergency medical
service vehicle and its appurtenances conforms to all applicable provisions
of this chapter, the Vehicle Code, the California Administrative Code,
and all other state, county or city applicable rules or regulations;
I.
If the
applicant is applying for a permit to provide emergency service, a
statement that the applicant employs sufficient personnel adequately
trained and available to deliver emergency ALS paramedic emergency
medical service vehicle services of good quality at all times in the
city;
J.
A description
of the level of training for each emergency medical service vehicle
employee, and a copy of each current certificate or license, including
driver's license, issued by the state and county, establishing qualifications
of such personnel to be employed in emergency medical service vehicle
operations;
K.
A statement,
in an initial application, that shows to the satisfaction of the city
manager that the issuance of a permit is in the public interest and
there is a need for a permit to be issued, in that there is a requirement
for emergency medical service vehicle service which can be provided
by the applicant;
L.
A statement
signed by the applicant that, as a condition of the city issuing a
permit, applicant agrees to appear and defend all actions against
the city arising out of the exercise of the permit, and shall indemnify
and save the city, its officers and employees and agents harmless
from any and all claims, demands, actions or causes of actions of
every kind and description resulting directly or indirectly, arising
out of, or in any way connected with the exercise of this permit;
M.
A schedule
of rates proposed to be charged by the applicant;
N.
Whether
the applicant is seeking a permit to provide advanced life support
(emergency) or basic life support (nonemergency) level of service,
or both.
(Code 1980, § 8.18.040; Ord. No. 269, § 1, 1985; Ord. No. 870 (Recodification), 2014)
Upon receipt of a completed initial (nonrenewal) application,
the city manager shall conduct an investigation to determine if the
applicant meets all requirements of this chapter. Upon completion
of his or her investigation, the city manager shall recommend to the
city council that a permit be granted or denied. The determination
of the city council shall be made after a duly noticed public hearing
upon the qualifications of the applicant.
(Code 1980, § 8.18.050; Ord. No. 269, § 1, 1985; Ord. No. 870 (Recodification), 2014)
A.
The
city council shall order the issuance of a new permit to conduct an
emergency medical service vehicle service in the city upon finding
that the applicant meets all requirements of this chapter.
B.
The
city council may deny a new or renewed permit if it finds any of the
following conditions to be true:
1.
That
the application does not contain the information required by the provisions
of this chapter;
2.
That
the vehicles described in the application are inadequate or unsafe
for the purpose for which they are to be used;
3.
That
the color scheme, name, monogram or insignia to be used upon such
vehicles is in conflict with or imitates any color scheme, name, monogram
or insignia used by any person so as to be misleading or tending to
mislead or misrepresent material facts;
4.
That
there is insufficient need for such additional emergency medical service
vehicle service within the city, provided that the sole fact there
is an existing provider or providers shall not constitute sufficient
proof that the condition exists; or
5.
That
the applicant or the proposed emergency medical service vehicle operation
does not satisfactorily meet all requirements set forth in this chapter.
C.
The
city council may deny a permit if the applicant or any partner, officer
or director thereof:
1.
Was
previously the holder of any emergency medical service vehicle permit
which permit was revoked or suspended;
2.
Has,
within the preceding five years, committed any act which, if committed
by any permittee, would be grounds for the suspension or revocation
of a permit issued pursuant to this chapter;
3.
Has
committed any act involving dishonesty, fraud or deceit whereby another
is injured or where the applicant has benefitted;
4.
Has
acted as an emergency medical service vehicle operator in any city
without possessing a required permit therefor;
5.
Has
aided or abetted any person in violating any provision of this chapter
or any other emergency medical service vehicle ordinance; or
6.
Has
made any material misstatement of fact upon any application, or during
the course of any investigation required or permitted by this chapter.
D.
Bonding
of applicant. Before any permit is issued under the provisions of
this chapter, the city council may require the applicant, as a condition
to the issuance of the permit, to post with the city clerk a cash
bond in the sum of $25,000.00, or a surety bond in the same amount,
furnished by a corporation authorized to do business in the state,
payable to the city. The bond shall be conditioned upon the full and
faithful performance by the permittee of his obligations under the
applicable provisions of this chapter, and shall be kept in full force
and effect by the permittee throughout the life of the permit and
all renewals thereof.
E.
As a
condition of issuance of a permit to operate an emergency medical
service vehicle under this chapter, permittee shall hold harmless,
indemnify and defend the city, its elected officials, officers and
employees, from any and all claims and lawsuits for damage to persons
or property arising out of or in any way connected with permittee's
emergency medical service vehicle operations or operations of permittee's
officers, employees and agents with respect to the provision of emergency
medical service vehicle services, to the maximum extent provided by
law.
F.
Liability
insurance. The permittee shall obtain and keep in force during the
term of the permit public liability insurance issued by a company
authorized to do business in the state, insuring the emergency medical
service vehicle operator and his/her employees, and also naming the
city, its elected officials, officers and employees as additional
insureds of such policy, against loss by reason of injury or damages
to persons or property arising from the operation or defective construction
of such emergency medical service vehicle, or from violation of this
chapter, or of any other law of the state or of the United States.
Such policy shall contain provisions, to the extent the insurer is
willing to provide, waiving insurer's right of subrogation, making
all policies primary and noncontributing, and such policy shall be
in the sum of not less than $4,000,000.00 for personal injury to or
death of any one person in any single accident; and the limits of
each such policy shall not be less than $4,000,000.00 for damages
to or destruction of property in any one accident. Workers' compensation
insurance shall be carried covering all employees of the permittee.
Copies of the policies or certificates evidencing such policies shall
be filed with the city clerk prior to the effective date of any permit
issued hereunder. All policies shall contain a provision requiring
30 days' notice to be given to the city clerk prior to cancellation,
modification or reduction of limits of any policies required herein.
(Code 1980, § 8.18.060; Ord. No. 269, § 1, 1985; Ord. No. 870 (Recodification), 2014)
The permit shall specify the dates of issuance and of expiration,
the license number or vehicle identification number of each emergency
medical service vehicle authorized thereunder, number of vehicles
to be used by the permittee, plus any special conditions imposed as
a condition precedent to the issuance of such permit by the city council.
(Code 1980, § 8.18.070; Ord. No. 269, § 1, 1985; Ord. No. 870 (Recodification), 2014)
Upon request by the permittee, the city manager may amend the
conditions specified in a permit, if he or she finds such requested
changes to be in substantial compliance with the provisions of this
chapter. Such amendment shall not affect the expiration date of the
existing permit, nor shall it authorize a change in ownership from
that specified in the original permit.
(Code 1980, § 8.18.080; Ord. No. 269, § 1, 1985)
A.
Permits
may be renewed annually by the city manager upon application of the
permittee made at least 60 days prior to expiration of the current
permit, if the permit holder proposes no substantial change in the
nature of service to be rendered, if the city manager determines that
the permit holder has, during the period of the expiring permit, operated
in conformity with the provisions of this chapter and the rules and
regulations of the city, that he or she is capable of continuing operation
in conformity with the rules and regulations of the city, and that
all facts contained in the original and renewal application are still
true.
B.
Unless
good cause can be shown by the permittee, it shall be a valid basis
for nonrenewal of a permit if the permittee has not, during the preceding
permit period, had a Code 3 response time, in at least 95 percent
of its emergency calls, of ten minutes or less, such response time
being measured from the time the permittee is given the request until
the permittee's emergency medical service vehicle actually arrived
at the location for which the service was requested. Calls which commence
as emergency calls but which are converted to nonemergency calls during
the provision of service shall not be included in the calculation
specified in this subsection.
(Code 1980, § 8.18.090; Ord. No. 269, § 1, 1985; Ord. No. 870 (Recodification), 2014)
The city manager shall be empowered to and may suspend or revoke
any permit issued under the provisions of this chapter when it has
been found, after investigation, that the permittee has become insolvent,
or the permittee or any partner, officer, director or employee of
permit holder:
A.
Has
violated any section of this chapter, or any rules or regulations
that are promulgated by the city which relate to the permit activities;
B.
Has
been convicted of any offense relating to the use, sale, possession
or transportation of narcotics or habit-forming drugs;
C.
Has
committed any act involving dishonesty, fraud or deceit whereby another
is injured, or the permittee has benefitted;
D.
Has
misrepresented a material fact in obtaining a permit, or is no longer
adhering to the conditions imposed by this chapter or by the city
council;
E.
Has
aided or abetted any person in violating the provisions of this chapter
or any law relating to the activities permitted hereunder;
F.
Has
failed to make or keep any records or logs, as required in this chapter,
or has failed to have such records available for inspection by the
city manager or his or her duly authorized representative for a period
of not less than three years after completion of any activity to which
the records refer;
G.
Has
accepted an emergency call when the applicant knows or should have
known that he or she is unable to provide the requested service, or
when the applicant has accepted an emergency call and fails to inform
and obtain consent from the person requesting such service of any
delay before causing an emergency medical service vehicle to respond
from a location so distant as to cause a response time greater than
ten minutes;
H.
If holding
a permit authorizing emergency service and without prior approval
by the city has failed to provide an emergency medical service vehicle,
complete with appropriate personnel, within the city, capable and
authorized to provide advanced life support level of service, for
a continuous period exceeding 24 consecutive hours;
I.
Fails
to notify the Rancho Cucamonga Protection District Dispatch Center
of a request or need for emergency medical service vehicle service,
as hereinafter required, within the city;
J.
Operates
an emergency medical service vehicle denoted as a paramedic unit by
wording or lettering on the unit without qualified mobile intensive
care (MIC) personnel and equipment in the vehicle;
K.
Has
or has attempted to assign, transfer or sell any interest in ownership
without complying with all conditions set forth in this chapter;
L.
During
any validation period of not less than 30 days, has failed to respond
to 95 percent of Code 3 calls within ten minutes or less; or
M.
Has
had, during the effective period of the permit granted under this
chapter, any license or permit to operate an emergency medical service
vehicle in any city, county or state suspended or revoked.
(Code 1980, § 8.18.100; Ord. No. 269, § 1, 1985; Ord. No. 870 (Recodification), 2014)
A.
At least
30 days prior to any sale, transfer or change in ownership interest
of any kind or nature, any interruption of service, or any change
in staffing or equipment of the permitted emergency medical service
vehicle service, the permittee shall notify the city manager immediately
in writing, stating the facts of such change. Failure to obtain approval
of the city manager prior to such changes or interruption shall be
grounds for immediate permit revocation.
B.
Upon
request by the permittee, the city manager may grant a temporary variance
in writing from the conditions specified in the original permit if
he or she finds that such change is in substantial compliance with
the provisions of this chapter, or he or she may deny permittee's
request. In all cases when a change of ownership is planned, an application
for a new permit shall be filed 30 days prior thereto. The application
must contain all information required in this chapter with respect
to new permits, and the application must be approved prior to the
effective date of any such change of ownership. Failure to obtain
prior approval shall be grounds for revocation of any permits previously
issued hereunder.
(Code 1980, § 8.18.110; Ord. No. 269, § 1, 1985; Ord. No. 870 (Recodification), 2014)
A.
If the
application for renewal of a permit is denied by the city manager,
or if the city manager suspends or revokes a permit, the permittee
shall be given written notice specifying not only the action taken,
but, in the event of a suspension or revocation, the effective date
thereof, which shall be not less than 15 days after the date of such
notice, except as otherwise provided herein. Such notification shall
be by registered or certified mail.
B.
Within
ten calendar days after the date of such notification, the permittee
may request a hearing before the city manager. Such request must be
in writing to the city clerk. If such request is timely made, the
effective date of any denial, suspension or revocation shall be extended
until 15 days following the city manager's action upon the request.
The city manager may, after such hearing, affirm, modify or set aside
the original decision. If no timely appeal is received, the city manager's
decision shall be final.
C.
If,
after the hearing provided for above, the city manager denies renewal,
suspends or revokes a permit, the permittee shall have the right to
demand a hearing by the city council. A request for a hearing shall
be made in writing to the city clerk within 15 calendar days following
the denial, suspension or revocation of the permit. Upon receipt of
a written request, the city clerk shall set the matter for hearing
on a date not more than 60 days following receipt of the written request
and give notice to the appellant, the city manager, and any other
interested persons who may present evidence relevant to the decision
of the city manager. Within 30 days following the conclusion of the
hearing, the city council shall make findings and issue its order
modifying, affirming or denying the action of the city manager. If
no timely appeal to the city council is received, the city manager's
decision shall be final.
D.
Except
as otherwise herein provided, during the time available to request
an appeal, and at all times prior to the rendering of a final judgment,
the effect of such nonrenewal, suspension or revocation shall be stayed.
The decision of the city council shall be final.
E.
Notwithstanding
any other provisions herein contained to the contrary, the city manager
shall be empowered to effect an immediate suspension of a permit,
pending hearing, without delaying the effective date thereof, if he
or she first finds the continued conduct of such permittee constitutes
a danger to the public health, safety or welfare.
F.
Any permittee whose permit has been suspended under the provisions of subsection E of this section shall have a hearing scheduled before the city manager within five working days of such suspension. An aggrieved permittee may appeal the city manager's decision as provided in subsection B of this section. However, the suspension shall not be stayed during such appeal procedure.
(Code 1980, § 8.18.120; Ord. No. 269, § 1, 1985; Ord. No. 870 (Recodification), 2014)
Each emergency service permittee shall provide advanced life
support (paramedic) emergency medical service vehicle service on a
continuous 24-hour-per-day basis during the entire term of the permit.
(Code 1980, §8.18.130; Ord. No. 269, § 1, 1985; Ord. No. 870 (Recodification), 2014)
No emergency medical service vehicle operator shall provide
emergency medical vehicle service for emergency medical service vehicle
calls originating within the city unless he shall first have obtained
a valid city permit in accordance with this chapter.
(Code 1980, § 8.18.140; Ord. No. 269, § 1, 1985; Ord. No. 870 (Recodification), 2014)
A.
Each
emergency medical service vehicle service receiving an emergency request
shall dispatch an emergency medical service vehicle in compliance
with all city procedures and procedures required by all applicable
state and county codes. If an emergency medical service vehicle is
not available for immediate dispatch, the procedures required by all
applicable state laws, including the California Administrative Code,
and any applicable county codes shall be followed.
B.
The
Rancho Cucamonga Fire Protection District Dispatch Center shall be
immediately notified by the permittee of any emergency medical service
vehicle request or need.
C.
Logs.
1.
All
emergency medical service vehicle operators shall maintain a log for
a period of three years containing all dispatch and arrival times
and locations, the nature of the medical emergency, the total amount
charged, and the name of the recipient of such services, all made
under penalty of perjury and available for inspection by city representatives
during office hours.
2.
All
nonemergency medical service vehicle operators shall maintain a similar
log, except that dispatch and response times shall not be required
to be recorded.
D.
No emergency
medical service vehicle shall be dispatched without having first received
a legitimate request for such services.
(Code 1980, § 8.18.150; Ord. No. 269, § 1, 1985; Ord. No. 870 (Recodification), 2014)
Emergency medical service vehicles shall be maintained at all
times in good mechanical repair, in a clean and sanitary condition,
and in full compliance with all applicable local and state laws.
A.
Minimum
equipment. All emergency medical service vehicles shall be equipped
with two-way radios and all other safety and emergency equipment required
for emergency medical service vehicles by the Vehicle Code and the
California Administrative Code, administrative rules of the county
health officer as the same are now written, or hereafter amended,
and any other rules or regulations applicable to emergency medical
service vehicle services.
B.
Emergency
medical service vehicle equipment (ALS). In addition to the regular
emergency medical service vehicle equipment and supplies, all ALS
emergency medical service vehicles shall also be equipped as required
under the administrative rules of the county health officer, and as
required by any other applicable state or local regulations.
C.
Maintenance
of emergency equipment and supplies. Dressings, bandaging, instruments
and other medical supplies used for care and treatment of patients
will be protected so they are sterile when ready for use.
(Code 1980, § 8.18.160; Ord. No. 269, § 1, 1985; Ord. No. 870 (Recodification), 2014)
A.
Every
person who drives an emergency medical service vehicle within the
city, while responding to calls, shall comply with all applicable
requirements of state law, including those requirements set forth
in the California Administrative Code for emergency medical service
vehicle drivers. The driver of an emergency medical service vehicle
shall be trained and competent in the proper use of all equipment
required by this chapter or other applicable law. The driver shall
also hold a certificate of at least an EMT-1A unless the emergency
medical service vehicle operator has been specifically exempted from
this requirement by the city council. The driver shall hold a valid
state driver's license which authorizes the driver to drive an emergency
medical service vehicle.
B.
Emergency
medical service vehicle attendant. All emergency medical service vehicle
attendants shall be trained and competent in the proper use of all
equipment required by this chapter, or by other applicable law, and
shall hold the required certification of at least an EMT-1A. If the
vehicle is being used as an emergency medical service (ALS) vehicle,
at least one attendant shall hold a current certificate as an MIC
paramedic (EMT-P).
C.
Attendant
required. Each emergency medical service vehicle being operated within
the city, in response to an emergency call, shall be staffed by both
a driver and MIC paramedic. The MIC paramedic of an emergency medical
service vehicle responding to an emergency call shall occupy the patient
compartment while transporting any person in apparent need of medical
attention. In nonemergency calls, the attendant must hold, at minimum,
a current EMT-1A certificate.
D.
An emergency
medical service vehicle driver or emergency medical service vehicle
attendant who is a state-licensed physician or a MIC nurse currently
certified shall be exempt from the emergency medical training requirement
of this section.
E.
This
section shall not apply during any "state of emergency" or "local
emergency," as defined in the Government Code of the state.
(Code 1980, § 8.18.170; Ord. No. 269, § 1, 1985; Ord. No. 870 (Recodification), 2014)
An emergency medical service vehicle based and properly licensed
outside the city, but not licensed by the city, shall be authorized
to transport a patient to or through the city, but shall not be authorized
to transport patients originating in the city, except in emergency
situations when no other licensed emergency service provider is reasonably
available. In the discretion of the requesting agency, and subject
to subsequent review by the city, a non-city-licensed emergency medical
service vehicle may be utilized in life and death situations when
no licensed provider is reasonably available.
(Code 1980, § 8.18.180; Ord. No. 269, § 1, 1985; Ord. No. 870 (Recodification), 2014)
During any "state of war emergency," "state of emergency" or
"local emergency," as defined in the California Emergency Services
Act, Government Code § 8558, as amended, each emergency
medical service vehicle operator shall provide equipment, facilities
and personnel as required by the city manager.
(Code 1980, § 8.18.190; Ord. No. 269, § 1, 1985; Ord. No. 870 (Recodification), 2014)
Any user or subscriber to an emergency medical service vehicle
contending that he has been required to pay an excessive charge for
service, or that he has received unsatisfactory services, may file
a written complaint with the city manager setting forth such allegations.
The city manager shall notify the affected permittee of such complaint,
and shall investigate the matter to determine the validity of the
complaint. If the complaint is determined to be valid, the city manager
shall take a reasonable and proper action to secure compliance with
the conditions of this chapter.
(Code 1980, § 8.18.200; Ord. No. 269, § 1, 1985; Ord. No. 870 (Recodification), 2014)
A.
The
city manager shall make all necessary and reasonable rules and regulations,
subject to the approval of the city council, pertaining to emergency
medical service vehicles, emergency medical service vehicle operations,
equipment and emergency medical service vehicle personnel, reasonably
necessary for the effective and reasonable administration of this
chapter.
B.
The
city manager, during office hours or otherwise upon reasonable notice,
shall be authorized by the permittee to inspect the records, facilities,
vehicles, equipment and methods of operation whenever such inspections
are deemed necessary.
(Code 1980, § 8.18.210; Ord. No. 269, § 1, 1985; Ord. No. 870 (Recodification), 2014)
No operator shall be deemed to be in violation of its permit
if it fails to provide, either in whole or in part, the services otherwise
required, without fault of permittee, if such performance is prevented
by any of the follow-ing:
A.
Acts
of God;
B.
Labor
strikes or disputes;
C.
Intervention
of any government body; or
D.
Any
force reasonably beyond the control of the operator.
(Code 1980, § 8.18.220; Ord. No. 269, § 1, 1985)
It is unlawful for any person, firm, partnership or corporation
to violate any provision or to fail to comply with any of the requirements
of this chapter. Any person, firm, partnership or corporation violating
any provision of this chapter or failing to comply with any of its
requirements shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine not exceeding $1,000.00, or by
imprisonment not exceeding six months, or by both such fine and imprisonment.
Each such person, firm, partnership or corporation shall be deemed
guilty of a separate offense for each and every day or any portion
thereof during which any violation of any of the provisions of this
chapter is committed, continued or permitted by such person, firm,
partnership or corporation, and shall be deemed punishable therefor
as provided in this chapter.
(Code 1980, § 8.18.230; Ord. No. 269, § 1, 1985; Ord. No. 870 (Recodification), 2014)
The violation of any of the provisions of this chapter shall
constitute a nuisance, and may be abated by the city through civil
process by means of restraining order, preliminary or permanent injunction,
or in any other manner provided by law for the abatement of nuisances.
(Code 1980, § 8.18.240; Ord. No. 269, § 1, 1985)
