This ordinance shall be known as the "Township of Shaler Nonexclusive
Ambulance Franchise Ordinance."
All ordinances and resolutions and any parts of either thereof
which are inconsistent herewith or conflicting herewith shall be and
the same are hereby repealed.
This ordinance is to promote the health, safety and welfare
of the Township, to provide Shaler Township with a coordinated system
of emergency medical care for individuals and improve the efficiency
of emergency medical care, the quality of care and the outcomes of
medical emergencies, including reducing premature death and suffering
related to accidents and other emergencies and nonemergencies, as
well as to provide readily available emergency and nonemergency medical
facilities within Shaler Township that include communication, transportation
and treatment, and to prevent the loss of life and suffering due to
an uncoordinated system of emergency medical facilities.
In the construction of this ordinance, the rules and definitions
contained in this section shall be observed and applied, except when
the context clearly indicates otherwise:
A. Words used in the singular shall include the plural and the plural
the singular.
B. Words used in the present tense shall include the future tense.
C. The word "shall" is always mandatory and not discretionary.
D. The word "may" is permissive.
The Township hereby grants to the Shaler Area Emergency Medical
Services a nonexclusive franchise to provide primary ambulance service
to the residents of the Township, and emergency and nonemergency ambulances
services shall be dispatched through the Shaler Area Emergency Medical
Services.
The franchise granted by this ordinance shall be for an initial
term of 10 years from the effective date of the ordinance.
The right to provide primary ambulance service to the residents
of the Township as set forth above shall not be exclusive.
Shaler Area Emergency Medical Services agrees that Shaler Township
may review such of its books and records, during normal business hours
and on a nondisruptive basis, as is reasonable to monitor compliance
with the terms herewith and to protect the health, safety and welfare
of the residents of the Township.
In the case of any emergency or disaster, Shaler Township shall
utilize its dispatch facilities to best promote the health, safety
and welfare of the residents of the Township, including using any
and all available emergency medical facilities.
Shaler Area Emergency Medical Services shall not transfer any
right, title or interest in the franchise, and such franchise shall
not be sold, transferred, assigned or otherwise encumbered in any
way, without the prior written consent of the Township.
Shaler Area Emergency Medical Services shall comply in all respects
with Act 45 of 1985, the Pennsylvania Emergency Medical Services Act,
as well as all other statutes of this commonwealth, including licensures,
rules and regulations, and minimum standards of staffing, and upon
violation thereof or suspension or refusal by the Department of Health
of the Commonwealth of Pennsylvania to renew a license, the franchise
granted herein may be revoked.
The provisions of this ordinance are severable, and if any sentence,
term or provision hereof is determined to be illegal or held to be
unconstitutional or otherwise held to be invalid, the decision of
the court shall not affect or impair any of the remaining provisions.
It is hereby declared to be the intent of the Board of Commissioners
that this ordinance would have been enacted had such unconstitutional
provisions or parts thereof not been included herein.