HomeMy WebLinkAbout22-3725 ordinance465
ORDINANCE NO. 22-3725
AN ORDINANCE AMENDING CHAPTER 6, "HEALTH AND
SANITATION", ARTICLE 6.05, "AMBULANCES", DIVISION 3,
"PRIVATE TRANSFER AMBULANCES", SECTION 6.05.068 AND
SECTION 6.05.070 OF THE CODE OF ORDINANCES OF THE CITY OF
PLAINVIEW ELIMINATING CERTAIN STAFFING REQUIREMENTS FOR
TRANSFER AMBULANCE SERVICES; PROVIDING AN EFFECTIVE
DATE; PROVIDING FOR A PENALTY NOT TO EXCEED $500.00;
PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR
PUBLICATION OF THE CAPTION THEREOF.
WHEREAS, the City Council for the City of Plainview, Texas pursuant to the
constitution and laws of the State of Texas including, but not limited to, Article 11, Section
5 of the Texas Constitution as a home rule city, has the authority to set forth ordinances
and regulations and exercise its police powers for the public health, safety, morals, or
general welfare of the citizens of the City of Plainview; and
WHEREAS, the City of Plainview previously adopted regulations that govern the
operation and use of private transfer ambulance services in Plainview as codified in
Chapter 6, "Health and Sanitation", Article 6.05, "Ambulances", Division 3, "Private
Transfer Ambulances"; and
WHEREAS, the aforementioned ordinance requires that each transfer ambulance
be staffed with one licensed paramedic; and
WHEREAS, based on information provided to the City of Plainview and based on
the City's own experience in finding, hiring and retaining licensed paramedics, due to a
shortage in the labor market of licensed paramedics in Plainview and the surrounding
area, it has become increasingly difficult if not practically impossible in the short term to
meet the requirements of having at lease one licensed paramedic on each transfer
ambulance; and
WHEREAS, having private transfer ambulance services in Plainview is a valuable
service to the citizens of Plainview by not only providing critical medical transfer service
but also by freeing up valuable emergency medical service resources of the City of
Plainview's Fire Department that would otherwise be unavailable when providing transfer
ambulance services; and
WHEREAS, on July 8, 2021, the City Council of the City of Plainview, placed a
180 day temporary moratorium on requiring a licensed paramedic on each private transfer
ambulance in order to allow private transfer ambulance service to continue operations in
Plainview; and
Art. 6.05 Ord. Amendment — Transfer Ambulance Page 1 of 4
ire
WHEREAS, the above referenced temporary moratorium has automatically
expired; and
WHEREAS, the City Council finds that the reasons for placing a temporary
moratorium on the ordinance requiring that each transfer ambulance be staffed with one
licensed paramedic still exist; and
WHEREAS, the City Council finds that amending the ordinance eliminating the
requirement that each transfer ambulance be staffed with one licensed paramedic is
necessary, reasonable, in the best interest of the City and in the best interest of its citizens
and to protect the health, safety, and welfare of the citizens.
NOW THEREFORE, THE CITY OF PLAINVIEW, TEXAS, HEREBY ORDAINS THAT:
SECTION 1. The findings and recitals outlined above are found to be true, factual and
correct and are hereby adopted and approved by the City Council and incorporated into
this ordinance as though set forth fully herein.
SECTION 2. Chapter 6, "Health and Sanitation", Article 6.05, "Ambulances", Division 3,
"Private Transfer Ambulances", Section 6.05.068(a) of the Code of Ordinances, City of
Plainview, Texas is hereby amended as follows (for reference purposes, new additions
to the Code of Ordinances are underlined and italicized and deleted provisions are
indicated by strikethrough text):
(a) Attendants employed with an ambulance service must be currently
certified with the state registry of the department of state health services,
emergency medical services division, as an emergency medical technician,
EMT -I (intermediate), EMT-P (paramedic), or EMT -LP (licensed
paramedic). €""havh tFan6f all be staffed with of least one (1 )
SECTION 3. Chapter 6, "Health and Sanitation", Article 6.05, "Ambulances", Division 3,
"Private Transfer Ambulances", Section 6.05.070(a) of the Code of Ordinances, City of
Plainview, Texas is hereby amended as follows (for reference purposes, new additions
to the Code of Ordinances are underlined and italicized and deleted provisions are
indicated by strikethrough text):
(a) Each ambulance shall be manned by at least one person twapeFs9;�
meeting the requirements of section
6.05.068.
SECTION 4. Chapter 6, "Health and Sanitation", Article 6.05, "Ambulances", Division 3,
"Private Transfer Ambulances", Section 6.05.070(c) of the Code of Ordinances, City of
Plainview, Texas is hereby amended as follows (for reference purposes, new additions
Art. 6.05 Ord. Amendment — Transfer Ambulance Page 2 of 4
Kelm
to the Code of Ordinances are underlined and italicized and deleted provisions are
indicated by strikethrough text):
(c) Each ambulance shall be licensed to carry the required equipment
and staff for BLS (Basic Life Support unit)
SECTION 5. Effective Date. This ordinance shall take effect immediately from and after
its passage and publication as may be required by governing law.
SECTION 6. Penalty. Any person found in violation of any provision of this Ordinance
shall be shall be guilty of a misdemeanor and upon conviction thereof shall be fined in
accordance with the general penalty provision found in Section 1.01.009 of the Code of
Ordinances, City of Plainview, Texas, in addition to or in conjunction with any other
penalty provisions outlined in this Ordinance.
SECTION 7. Repealed. All other terms and provisions of the Code of Ordinances, City
of Plainview, Texas, not in conflict herewith and not hereby amended shall remain in full
force and effect.
SECTION 8. Severability. Should any paragraph, section, sentence, phrase, clause or
word of this ordinance be declared unconstitutional or invalid for any reason, the
remainder of this ordinance shall not be affected thereby and shall remain in full force and
effect.
SECTION 9. Publication. The City Secretary of the City of Plainview is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance
as an alternative method provided by law.
Passed and approved on first reading this 11th day of January, 2022.
Passed and approved on second reading this 25th day of January, 2022.
N4 11
ATTEST: rnes Charles S Mayor
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Belinda Hinojosa, dty c etary
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Page 3 of 4
APPROVED AS TO CONTENT:
rIx -
Jeff re City Manager
APPROVED AS TO FORM:
Mat Wade, City Attorney
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