The URL can be used to link to this page

Home My WebLink About00-3273Amendment - Ambulance ORDINANCE NO. 00-3273 AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS AMENDING CHAPTER FOUR, "AMBULANCES" OF THE CODE OF ORDINANCES OF THE CITY OF PLAINVIEW, TEXAS, SEVERABILITY CLAUSE; CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; AND EFFECTIVE DATE. WHEREAS, the City of Plainview, Texas, by and through its City Council has the authority to govern and regulate the permitted uses of its streets and public ways; and WHEREAS, the City of Plainview, Texas, has the right, duty and obligation to protect and regulate ambulance services occurring within its corporate limits, as such are governmental functions of as set forth in § 101.0215 (2) of the Civil Practice and Remedies Code; and WHEREAS, the City CoUncil of the City of Plainview, Texas, has determined after reviewing and hearing the evidence, that an. increase in the schedule of rates is in the best interest of the City of Plainview and its citizens; NOW, THEREFORE, BE IT ORDAINED by the City of Plainview: SECTION I. Section 4-11 (c) shall be amended to read as follows: (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 the TexaS Department of Health and area Medical Director. (Ord. No. 87-2731, 1 '1-24-87; Ord. No. 88-2738, § 4-4, 1-26-88; Ord. No. 92-2896, 1-28-92; Ord. No. 93- 2964, 8-10-93) Section 4-15 shall be repealed. Section 4-23 (a)(3) shall be amended to read as follows: (3) Proof of State certification that such ambulance is equipped and staffed in accordance with State law. Also proof that Ambulance Service is in compliance with all requirements of area Medical Director. Section 4-23 (a)(5) shall be amended to read as follows: (5) Proof of State safety inspection sticker for each vehicle. Section 4-23 (b) shall be amended to read as follows: (b) Gopies of each application for ambulance service shall be forwarded to the city manager, or his/her designee and he/she shall review applications for ambUlance service and make recommendations to the city council. Ordinance No. 00-3273 Page 1 of 4 Section 4-24 shall be amended to read as follows: Every applicant for a franchise to be granted under the terms of this chapter shall pay to tho Gity of Plainview the following non-refundable fees upon the application for a franchise with the city secretary: (a) An annual permit fee of two-hundred dollars ($200), 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 four years from the date of issuance of the franchise. (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 often 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 chapter. This fee may be waived by Gity Manager or his/her designee upon review. (Ord. No. 88-2738, § 4-11, 1-26-88) Section 4-26 (b) shall be amended to read as follows: (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 Code, V.T.C.A., with one or more insurance companies authorized to transact business in Texas and approved by franchise. Section 4-27 shall be amended to read as follows: (a) Attendants employed with an ambulance service must be currently certified with the Texas Registry of the Texas Department of Health, Emergency Medical Services Division, as an Emergency Medical Technician, EMT-I (Intermediate) or EMT-P (Paramedic). (b) Attendants and drivers employed with an ambulance service must meet all minimal State and Federal requirements, Medical Control requirements, and: (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 ddver safety course approved by the city. An extension may be granted by City Manager or his/her designee; (2) Possess a license valid to operate an emergency vehicle and transfer ambulance in the state; and (3)When asked by the City Manager or designee, Ambulance service will be able to provide proof that any or all employees are free of communicable diseases and are physically capable of performing the required duties. Ambulance service will also be able to provide (upon request by City Manager or designee, proof that employee (s) have immunity to the following diseases by immunization or, when applicable, by history of prior infection: (A) Rubella (German Measles) (D) Hepatitis B (B) Red Measles (E) Tetanus-Diphtheria (C) Mumps EMS personnel shall be tested for tuberculosis annually (semi-annually preferred) unless contraindicated. Positive reactors should be referred to the public health authorities for appropriate follow- up. (Ord. No. 88-2738, § 4-14, 1-26-88) Section 4-28 (b) shall be amended to read as follows: (b) Unless authorized to do so by the city manager or his/her designee, 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 with 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. Ordinance No. 00-3273 Page 2 of 4 Section 4-28 (d) shall be amended to. read as follows: (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 paramedic unless they have been so certified by the Texas Department of Health, Emergency Services Medical Division. Section 4-29 shall be amended to read as follows: (a) Each ambulance shall be manned by two persons, one driver and one attendant, both meeting the requirements of Section 4-27. (b) Each vehicle shall meet all minimum requirements set forth by State and Federal Regulations at all times. Units will be kept clean and sanitized. (c) Each ambulance shall carry the minimal equipment, but not limited to, the required equipment for Basic Life Support certification. (d) If the city manager or his/her authorized representative has reasonable cause to believe that there exists 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, after proper request has been made, inspect and examine the ambulance 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: (Ord. No. 88-2738, § 4-16, 1-26-88) Section 4-41 shall be amended to read as follows: Lubbock Aid Ambulance is hereby granted a non-exclusive, non-emergency transfer ambulance service franchise under the term and conditions as set forth in this chapter and as amended. (Ord. No. 88-2750, § 1,4-26-88) Section 4-42 shall be amended to read as follows: The schedule of rates to be charged is as follows: Base Rate/Non-emergency: Base Rate/Emergency: Mileage Charge per mile: Oxygen (includes oxygen supplies) Non-reusable medical supplies $ 145.00 $ 295.00 $ 4.5O $ 32.50 Recommended retail co~ Any changes in the rates set forth above are subject to the provisions of Ordinance No. 88-2738 and Ordinance No. 88-2750, as amended. (Ord. No. 88,2750, § 2, 4-26-88; Ord. No. 90-2820, § 1,2-27-90) Section 4-45 shall be amended to read as follows: Lubbock aid Ambulance will indemnify and hold harmless the City against all claims arising out of Grantee's actions under this franchise. (Ord. No. 88-2750, § 5, 4-26-88) Section 4-47 shall be amended to read as follows: The term of the franchise granted by this article shall be renewable every four (4) years. Said term is subject to the provisions of this article and as amended. (Ord. No. 88-2750, § 7, 4-26-88; Ord. No. 91- 2868, 5-28-91) Section 4-49 shall be amended to read as follows: Lubbock Aid Ambulance may be utilized by the City of Plainview for Code 3 (Emergency) transfers to local hospitals in time of natural disaster and/or emergency. (Ord. No. 93-2963, 7-27-93) Ordinance No. 00-3273 Page 3 of 4 SECTION II. Should any section, subsection, or any portion hereof be deemed invalid for any reason, such holding shall not render or invalidate any other section, sub-section, sentence, provision, clause, phrase, or word severable therefrom and the same shall be deemed severable for this purpose. SECTION III. Provisions of this ordinance are cumulative and nothing herein shall prevent, alter, or diminish the applicability or enforcement of other ordinances restricting, regulating or governing the subject matter herein. SECTION IV. All ordinances or portions of any ordinance of the City of Plainview, Texas in conflict herewith, are hereby amended to conform with the provisions hereof. SECTION V. This ordinance shall be of full force and effect upon its passage and publication as required by law. PASSED AND APPROVED this 14th day of November, 2000. Christina Bonner, Deputy City Secretary APPROVED AS TO CONTENT: ~~'-Gt~-fF~lre Dept. APPROVED AS TO FORM: Wally Hat,h, C~ty AttOrney Ordinance No. 00-3273 Page 4 of 4