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HomeMy WebLinkAbout88-2738FRANCHISE ORDINANCE NO. 88-2738 AN ORDINANCE AMENDING CHAPTER 5 OF THE PLAINVIEW CITY CODE REGARDING AMBULANCES AND AMBULANCE SERVICES; DELINIATING CERTAIN DEFINITIONS; REQUIRING A FRANCHISE LICENSE AND SETTING CERTAIN MINIMUM QUALIFICATIONS; PROVIDING FOR PERMITS; PROVIDING FOR A PENALTY; AND PROVIDING FOR A SEVERABILITY CLAUSE. WHEREAS, the City Council of the City of Plainview deems it to be in the best interests of the health, safety, and welfare of the citizens of the City of Plainview to regulate the operation of emergency service and transfer ambulance service within the City of Plainview; and WHEREAS, the purpose of such competition and to foster improved citizens of the City of Plainview; and ordinance is to promote ambulance -service for the WHEREAS, the purpose of such ordinance is citizens of the City of Plainview by setting standards and by providing for a franchise; to protect the certain minimum NOW, T~R. RRFORE, BE IT ORDAINED by the City Council of the City of Plainview: That Chapter 4 of the Plainview City Code be hereby amended to read as follows: Article I. General Provisions. Section 4-1. Section 4-2. Section 4-3. Ambulances - Response. Requests for service. Solicitation prohibited. Article II. Emergency Medical Services. Section 4-4. Section 4-5. Section 4-6. Section 4-7. Generally. Area covered. Emergency medical services dispatcher. Private service. Article III. Private Transfer Ambulance Service. Section 4-8. Section 4-9. Section 4-10. Section 4-11. Section 4-12. Section 4-13. Section 4-14. Section 4-15. Section 4-16. Definitions. Franchise - Required. Franchise - Application - Contents. Franchise - Fees. Franchise - Application - Review Hearing Insurance. Attendants and Drivers - Requirements. Ambulance operations. Personnel, vehicles, & equipment - standards, 1 of 12 365 Section 4-17. Section 4-18. Section 4-19. Section 4-20. Revocation of Franchise. Rates. Violations - Penalty. Severability. ARTICLE I. GENERAL PROVISIONS Section 4-1. Ambulances-Response. The driver or operator, as the term is defined in Section 4-14, of an ambulance, other than a city EMS vehicle, shall not respond to any call to pick up an ill, injured or dead person in any public street, public alley or public park except in compliance with the terms of a franchise granted by the city council. Section 4-2. Requests for service. No person shall, by any means whatsoever, cause the Plainview Fire Department emergency medical service to dispatch an EMS ambulance, unless he or she knows, or has reasonable grounds to believe that a bonafide medical emergency exists. Section 4-3. Solicitation Prohibited. A. No person shall solicit in any manner, directly or indirectly, on the streets of the City, the business of transporting sick, injured, disabled or deceased persons. B. The ambulance service shall have no right to compensation from anyone for picking up a person from a street, alley or park in violation of subsection A of this section. ARTICLE II. EMERGENCY ~RDICAL SERVICES. Section 4-4. Generally. A. The Plainview Fire Department shall provide emergency medical services within the city. This department shall provide "basic life services" and "advanced life services." B. Fees for such services shall be ordinance. as established by C. The city emergency medical services department and operations shall conform and comply with any and all applicable federal and state law. Minimum equipment and personnel standards shall be established by ordinance. Section 4-5. Area Covered. The area covered by the city emergency medical services shall consist of the corporate limits of the city, and other entities or political subdivisions which have contracted with the city for service. The document detailing the area to be covered shall be on file at the city secretary's office for public inspection. (State law ref., Tex. Rev. Civ. Stat., Annot. art. 4447o-1, Section 2) 2 of 12 366 Section 4-6. Emergency medical services. The emergency medical services dispatcher shall be designated by the city manager, or his/her designate, to handle calls for emergency medical services, and shall be available by telephone at all hours. section 4-7. Private service emergency medical services. A. It shall be unlawful for any person, including the holder of the transfer service franchise, or anyone other than a member of the Plainview Fire Department emergency medical services department officially on duty, or an agency of the United States, to furnish, operate, conduct, maintain, advertise for, or otherwise be engaged or profess to be engaged in the operation of an emergency ambulance or the providing of emergency service upon the streets of the city except in the following circumstances: It shall not be unlawful for a person operating a transfer ambulance franchised by the city, upon responding to a direct call for non-emergency conditions, to use emergency equipment, after notifying the central dispatCher and receiving permission to make an emergency run, when a determination is made by the transfer ambulance attendant that an emergency exists requiring the sick or injured person to be transported with all practical speed to a hospital. e It shall not be unlawful for any person operating a transfer ambulance franchised by the city, who is performing the service of maintaining an ambulance at a particular location for a sporting event, to operate such ambulance under emergency conditions, using emergency equipment, after notifying the central dispatcher and receiving permission to make an emergency run, when a determination is made by the transfer ambulance attendant that an emergency exists requiring the sick or injured person to be transported with all practical speed to a hospital. It shall not be unlawful for any person to operate an emergency ambulance to a hospital within the city, if the place of emergency at which the sick or injured person was picked up by such ambulance is outside the city limits and the ambulance making the emergency run is licensed and operated in accordance with all applicable state laws. On each emergency run into the city, ambulance personnel must notify the central dispatcher and receive permission to make an emergency run, unless otherwise notified by the fire chief of the Plainview Fire Department EMS. It shall not be unlawful for any person to operate a transfer ambulance franchised by the city on an emergency run when Plainview Fire Department EMS ambulances are not available, and the central dispatcher request the operated furnished backup emergency ambulance service for the Plainview Fire Department EMS. 3 of 12 B. The transfer service franchise shall be subject to revocation if it is found that the holder of said franchise or any company, service, or corporation that the holder is affiliated or in partnership with is duplicating emergency service in areas outside the city, in which the city is under contract to provide such service. If the transfer franchise holder receives an emergency call from any source to respond either in the city or those areas under contract with the city, franchisee shall immediately notify the EMS communication center and shall not respond unless requested to do so by the emergency medical services department dispatcher. Duplication of emergency service is responding without the request of the dispatcher to the same call as a city emergency medical services department unit. ARTICLE III. PRIVATE TRANSFER AMBULANCE SERVICE Section 4-8 Definitions. The following words shall have the following meanings: A. "Central dispatch or comunications center" facility from which the Plainview Fire Department EMS radio-dispatched. means the units are B. "City" means the city of Plainview. C. "Emergency" means any circumstance that calls for immediate action and in which the element of time in transporting the sick, wounded, or injured for medical treatment is essential to the health or life of the person. D. "Emergency ambulance" means any motor vehicle especially designed, constructed, equipped and used for transporting the injured or sick in answer to an emergency call. E. "Emergency call" means any request for ambulance service that is made by telephone, or other means of communication in circumstances which are, or have been represented to be, an emergency requiring immediate ambulance service. F. "Operator" means any individual, firm or corporation engaged in the business of transporting the injured, wounded, sick or deceased and using the streets of the city for such purpose. G. "Public convenience and necessity" means a public convenience which is fitting and suited to a public need and public necessity which embraces a great urgent public convenience. This term as applied to an ambulance source proposed and offered to the public by a person shall mean that the person is fit, able, and willing to perform the ambulance service in the city in accordance with the requirements of this Chapter. H. "Response time" means the time from which a call is received until the time of arrival at the scene. 4 of 12 368 I. "Street" means any street, alley, avenue, boulevard, drive or highway commonly used for the purpose of travel within the corporate limits of the city. J. "Transfer ambulance" means any motor vehicle constructed, equipped and used for transferring the injured or sick under circumstances which do not constitute an emergency and which have not been represented as an emergency. Section 4-9. Franchise-Required. It is unlawful for any person, firm, corporation or operator to engage in furnishing a transfer service by operating, driving or causing to be operated or driven a transfer vehicle upon the streets of the city without first having obtained a franchise in accord with the terms and provisions of this article. Section 4-10. Franchise-Application-Contents. A. Application for a franchise shall be filed with the city secretary upon forms furnished by the city secretary. The applicant shall furnish the following information: A statement that the applicant has obtained liability insurance in accordance with the requirements provided by this article before commencing service; A statement of the number of vehicles which the applicant proposes to operate and the make, model and vehicle identification number of each transfer vehicle; A statement that each vehicle is supplied with a first-aid kit and other minimal emergency equipment as set forth in Section 4-16(c); o A list of persons who will act as ambulance attendants and drivers, their current state of Texas registry status, and their date of employment; and A statement that the safety mechanism of the vehicle is operative and is in good repair; including, but not limited to, headlights, taillights, turn signals, brakes, brake lights, emergency lights, windshield wipers, wiper blades, handles opening doors and windows, tires and spare tires. B. Copies of each application for ambulance service shall be forwarded to the city manager, or his/her designate, and he/she shall review applications for ambulance service and make recommendations to the city council. C. Any person who gives false information regarding any statements made in subsection A1 through A5 of this section, shall be guilty of a Class C misdemeanor and subject to punitive measures, which may include suspension or revocation of any franchise granted. 5 of 12 369 Section 4-11. Franchise fees. Every applicant for a franchise to be granted under the terms of this chapter shall pay to the City of Plainview the following non-refundable fees upon the application for a franchise with the City Secretary: a. An annual permit fee of fifty dollars ($50.00), which fee shall entitle a franchise holder meeting the requirements of this chapter and state law to operate a transfer ambulance service for a period of one year from the date of issuance of the franchise. The franchise license shall be prominently displayed at the franchise holder's principal place of business within the city. b. In addition to the annual permit fee required, each applicant for a transfer ambulance operators permit shall pay to the city an annual inspection fee of ten dollars ($10.00) for each ambulance vehicle to be operated by the franchise holder; said inspection is assessed to defray part of the cost of certification ~.and inspection by the city under this ordinance. Section 4-12. Franchise-Application-Review Hearing. A. Upon application for a franchise, the city council will set the time for a public hearing thereon, but in no event later than 30 days from the date of the application, and receive evidence as to whether the public convenience and necessity justify granting the franchise, whether the applicant is qualified to render good service and has or will have sufficient equipment of suitable type and condition, and to any other relevant facts bearing on whether the franchise will be in the public interest. The city council shall grant the franchise and determine upon what terms and conditions it will be granted, or shall refuse to grant it, in accordance with the council's findings as to whether considering the above standards, the public interest will be served. B. In all hearings, the burden of proof shall be upon the applicants to establish that a need in the community exists for their services. Section 4-13. Insurance. A. No vehicle shall be operated on the public streets of the city unless the applicant provides to the city secretary a copy of the public liability insurance policy, issued by an insurance company authorized to do business in the state, required by subsection B of this section. B. Franchisee at its own expense, shall provide and maintain in force during the term of the franchise liability insurance on each vehicle in an amount not less than the statutory limits of liability for a municipality, as set forth in the Civil Practice and Remedies Codes, V.A.T.S., with one or more insurance company authorized to transact business in Texas and approved by franchise. 6 of 12 870 C. Such insurance policies shall not contain a passenger liability exclusion. D. Each liability insurance policy shall contain a provision obligating the insured to give the city secretary written notice of cancellation or reduction not less than ten days prior to any cancellation or reduction. E. A copy of the current policy shall be filed with the city secretary. Section 4-14. Attendants and drivers-Requirements. A. Attendants employed with an ambulance service must meet the following minimal requirement: 1. Be currently certified with the Texas Registry of the Texas Department of Health, Emergency Medical Services Division, as an emergency care attendant, or above, or within six months of employment must have attained the emergency care attendant, or above, status with registry, or be attending a course to attain that registry status, such course to be successfully completed the first time taken. B. Attendants and drivers employed with an ambulance service must meet the following minimal requirements: 1. No later than six months from the date of employment, must provide evidence showing completion of the National Safety Council approved defensiVe driving course or comparable driver safety course approved by the City; 2. Possess a license valid to operate an emergency vehicle and transfer ambulance in the state; and 3. Within fifteen days of employment, must have a written statement from a physician, authorized to practice medicine in the state, stating that the person is free of communicable diseases and is physically capable of performing the required duties. Section 4-15. Ambulance operations. A. Ambulance service operators, their agents or employees, upon receipt for request for emergency service within the city limits shall immediately relay the request to Plainview Fire Department EMS central dispatcher. B. Unless authorized to do so by the city manager or his/her designate, it is unlawful for ambulance service operators, their agents, or the employees to go to the scene of an emergency within the city limits with the intent to provide emergency service and transportation; provided, however, if persons operating a transfer or emergency vehicle discover an emergency situation within the city limits, they shall immediately notify the Plainview Fire Department EMS central dispatcher and shall remain to render aid until a Plainview Fire Department EMS vehicle arrives. 7 of 12 871 C. Ambulance service operators shall mark each vehicle distinctly with the name of the company providing ambulance service. The words "Emergency Medical Services," or "EMS" shall not be written on any vehicle, and vehicle shall not be marked in any way which might cause confusion with EMS vehicles. It is unlawful for any person to mark his/her vehicles in any way, Other than to place the name of the company on the vehicles. D. Ambulance service operators, their agents, or their employees, shall not hold out to the public in any manner that their personnel are trained emergency medical technicians or paramedics unless they have been so certified by the Texas Department of Health, Emergency Services Medical Division. E. Ambulances shall be used only for the purpose transporting patients, and no other use shall be lawful. of Section 4-16. Personnel, requirements-Inspection. vehicles and equipment-Standards and A. Each ambulance shall be manned by two persons, one driver and one attendant, both meeting the requirements of Section 4-14. B. Each Vehicle shall meet the following minimum requirements at all times: Four tires which are all in sound condition and which have been specially designed for heavy duty transfer service and are above the manufacturer's recommended gross vehicle weight capacity and which have at least thirty percent of the original tread remaining; Brakes which are of adequate design, construction, size and material. The brake shoes shall have a minimum of twenty-five percent of their original thickness remaining. Brake drum shall be turned at regular intervals to remove grooves caused by previous wear so that as far as possible corresponding wear on the drum shall be equal to that of the brake shoes currently in use; Windshield wipers which are electronically driven by one or more motors and which have two or more speeds; Windshield washers of the type regularly furnished by the manufacturer; Self-cancelling directional lights as regularly furnished by the manufacturer; o An emergency flasher controlled with a switch which will cause all four turn indicator lights to flash on and off at the same time, regardless of ignition switch position; 8 of 12 A first quality heater, complete with defrosters, and an air conditioner, both capable of maintaining comfortable temperature levels; Be Standard safety belts of the type regularly furnished by the manufacturer for the driver and passenger front seats; 9. Windows and windshields made of safety glass; 10. The physical dimensions of the current State of Texas Department of Health ambulance specifications; provided, however, that any ambulance currently used which does not meet these specifications may continue in use until it is replaced; 11. Be kept clean and in good mechanical condition. C. Each ambulance shall carry the minimal equipment, but not limited to, the required equipment for Basic Life Support certification. D. All ambulances which are franchised under this chapter shall be inspected by the city manager or his/her designate. Those ambulances whiCh have passed inspection shall be issued a certification of minimum standards and such certification shall be prominently displayed within the vehicle. Any ambulance found not to be in compliance with this chapter shall be tagged, and the certification removed. Thereafter, until the vehicle passes inspection, it cannot lawfully operate on the streets of the city. Ambulances may be inspected at any reasonable hour by the city manager or his/her designate, and he/she or his/her designate may require ambulances to proceed to a specified location for further inspection. E. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the city manager or his/her authorized representative has reasonable cause to believe that there exists in any building, or upon any premises any ambulance containing any condition or code violation which makes such ambulance unsafe, dangerous or hazardous, the city manager or his/her authorized representative may enter such building or premises at all reasonable times to inspect the ambulance or to perform any duty imposed upon the city manager; provided, that if such building, premises or ambulance be occupied, he/she shall first present proper credentials and request entry; and if such building, premises or ambulance be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building, premises or ambulance and request entry. If such entry is refused, the city manager or his/her authorized representative shall have recourse to every remedy provided by law to secure entry. When the city manager or his/her authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occuPant or 9 of 12 373 any other persons having charge, care or control of any building, premises or ambulance shall fail or neglect, after proper request is made herein provided, to promptly permit entry therein by the city manager or his/her authorized representative for the purpose of inspection and examination pursuant to this chapter. The city manager or his/her authorized representative may then direct such ambulances to proceed to a specified location for further inspection. Section 4-17. Revocation of Franchise. A. Every franchise issued under this article shall be subject to revocation or suspension by the City Council where it shall appear that: The operator has failed or neglected to render the full service authorized by his/her franchise, or e The operator has been convicted of a felony or any criminal offense involving moral turpitude, or The franchise was obtained by an application of which any material fact was omitted or stated falsely, or The operator has persisted in permitting his/her vehicles to be operated in violation of any law, or The operator has failed to comply with any of the provisions hereof, or has willfully or knowingly violated any of the provisions hereof, or The operator has given or allowed a rebate commission -or any reduced rate discount not provided for in the rates estimated and prescribed herein, or The operator or his/her 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 ambulance, or The operator or his/her 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 said operator or his/her agent to utilize the services of said mortuary, and no ambulance operator shall engage in or have any financial interest in a mortuary service, or 0 The operator allows his/her insurance as provided in this chapter to be cancelled, withdrawn, or terminated, or 10. The operator allows his/her vehicles or equipment to become damaged, deteriorated or unclean to the extent that it is, in the judgement of the council, unfit for public use, or 10 of 12 ;374 11. The city council determines other good cause exists and finds that the public convenience and necessity is no longer served by the franchisee. Section 4-18. Rates. A. Rates to be charged for all ambulance services operating under this article shall be determined by the city council upon application of the operator and established by ordinance. B. Any changes or revisions to such rates shall be accomplished in a like manner after notice and a public hearing before the city council. Notice shall be given to the public by publication in a local' newspaper published in the city not less than ten (I0) days prior to the dates of such public hearing. C. A true and correct copy of the authorized rates shall be filed with the city secretary's office and maintained therein for inspection by interested members of the public. Every ambulance operator shall have posted in a conspicious place readily visible to occupants, a statement showing the rates to be charged. Such rates, as posted, shall be the same as those contained in the schedules filed with the city secretary's office. Section 4-19. Violation-Penalty. Any person, either by himself/herself or agent, who shall do any act or thing prohibited by the terms of this Chapter, or in any way violate the provisions thereof shall be fined not less than one dollar ($1.00), nor more than the maximum allowed by State Law, and if the person or service is a licensee hereunder, such license shall be terminated. A separate and distinct violation occurs for each and every day, or part thereof, that said license violates a provision or provisions of this Chapter. It shall not be necessary for the complaint to allege or for proof to be made that the act was knowingly done, nor shall it be necessary for the complaint to negative any exception contained in this Chapter concerning any prohibited act, but any such exception made herein may be urged as a defense by any person charged by such complaint. Section 4-20. Severability. If any section, sub-section, sentence, clause or phrase of this Chapter is, for any reason, held to be unconstitutional, void or invalid, the validity of the remaining portions of this Chapter shall not be affected, thereby it being the intent of the City Council in adopting, and of the Mayor in approving this Chapter, that no portion hereof, or provision, or regulation contained herein shall beCome inoperative, or fail by reason of any unconstitutionality or invalidity of any section, sub-section sentence, clause, phrase, portion, provision or regulation of this Chapter. 11 of 12 Section 4-21. Conflicts. Any ordinances, or part thereof, in conflict with any section of this ordinance shall yield to the provisions or provision of this ordinance. of PASSED AND APPROVED, on the first reading this January , 1988. 12th day of PASSED AND APPROVED, on the second reading this 26_th- day ~an~Y , 1988. E.V. RIDLEHUBER, Mayor ATTEST: ~~se, C~ty Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: David A Blackburn, Assistant City Attorney 12'of 12 876. EMS FRANCHISE ORDINANCE NO. 88-2738 Whereas, The City' Council of the City' of Plainview did on January 26, 1988, at a regular session of said City Council adopt Ordinance No. 88-2738. The Descriptive Caption and Penalties of said Ordinance are as follows: AN ORDINANCE AMENDING CHAPTER 5 OF THE PLAINVIEW CITY CODE REGArDING. AMBULANCES AND AMBULANCE SERVICES; DELINIAT!NG. CERTAIN DEFINITIONS; REQUIRING A FRANCHISE LICENSE AND SETTING CERTAIN MINIMUM QUALIFICATIONS; PROVIDING FOR PERMITS; PROVIDING'FOR A PENALTY; AND PROVIDING FOR A SEVERABILTIY.-CLAUSE. PENALTIES The penalties for the violation of said Ordiance are as follows: Section 4-19. Violation-Penalty. Any person, either by himself/herself or agent, Who shall do any act or thing prohibited by the terms of this Chapter, or in any way violate the provisions thereof shall be fined not less than one dollar ($1.00), nor more than the maximum allowed by State Law, and if the person or service is a licensee hereunder~ such license shall be terminated. A separate and distinct violation occurs for each and every day, or part thereof, that said license violates a provision or provisions of this Chapter. It shall not be necessary for the complaint to allege or for proof to be made that the act was knowingly dcne, ~or shall it be necessary for the complaint to negative any exception contained in this Chapter concerning any prohibited act, but any such exception made?herein may be urged as a defense by any person charged by such complaint. PASSED THE 26TH DAY OF JANUARY, 1988. E oV. Ridlehuber, Mayor ATTEST: Carla Reese, City Secretary