HomeMy WebLinkAbout07-3478 ord4~4
ORDINANCE AMENDMENT -
ORDINANCE 07-3478
AN ORDINANCE AMENDING CHAPTER 4, AMBULANCES, OF THE CITY
OF PLAINVIEW CODE OF ORDINANCES; CUMULATIVENESS CLAUSE;
CONFLICTS CLAUSE; SEVERABILITY 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 V.A.T.S., Civil Practice and Remedies Code §
101.0215(2); and
WHEREAS, the City Council finds that such regulations have been designed to
lessen congestion by emergency vehicles on the public streets and to secure safety to
pedestrians and vehicles using the public streets and thoroughfares, such regulations are
necessary to protect health, life and property; and
WHEREAS, the City Council further finds that such regulations apply to all providers
of ambulances as a whole operating for hire under emergency conditions, or otherwise, on
the streets and public thoroughfares in such a manner as to minimize the hazards and
dangers inherent in the operations of ambulances under emergency conditions; and
WHEREAS, the City Council also determines that such regulations be adopted to
preserve and enforce the health, safety, welfare, and the security of the City and its
citizens; and
WHEREAS, the City Council has determined after reviewing and hearing the
evidence that Chapter 4 will be amended to increase the schedule of rates; and
WHEREAS, the City Council has determined that changes should be made to the
requirements for ambulance permits within the City of Plainview, Texas to provide for the
public health, safety, and general welfare of its citizens; and
WHEREAS, the City Council finds that it would not be detrimental or injurious to
public health, safety or general welfare of the citizens of the City of Plainview, Hale County,
Texas.
NOW, THEREFORE, the City of Plainview Hereby Ordains That:
Ordinance No. 07-3478 Amendment Ordinance to Ambulances Page 1 of 14
465
SECTION I
Chapter 4, Ambulances, Article I, General Provisions, is hereby amended as
follows:
Sec. 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 fr~~„s~ ermit granted by the city council. (Ord. No. 88-2738, § 4-1, 1-
26-88)
SECTION II
Chapter 4, Ambulances, Article II, Emergency Medical Services, is hereby
amended as follows:
Sec.4-11. 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 as follows:
(1) Basic Life Support $ ~2~-99 250.00
(2) Basic Life Support $ 350.00
(Emergency)
(3) Advanced Life Support-1 $ 2:99 350.00
(4) Advanced Life Support-1 $ 499:-99 450.00
(Emergency)
(5) Advanced Life Support-2 $ x:99 soo.aa
(6) Specialty Care Transport (SCT) $ 700.00
(7) Mileage $ 9:-99/~ile 9.50/mile
(8) Waiting Time $ 50.00/1/2 hour
(9) Extra Attendant $125.00
(10) Non-Resident Fee $100.00
(11) Medical Attention Only $125.00
(12) First Response / no transport $125.00
(13) Supplies and Medical Procedures Varies at recommended rates
(14} Oxygen 75.00
(c) The city emergency medical services departmen t 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 State Health
Services and the area Medical Director. (Ord. No. 87-2731, 11-24-87; Ord. No. 88-2738, §
Ordinance No. 07-3478 Amendment Ordinance to Ambulances Page 2 of 14
466
4-4, 1-26-88; Ord. No. 92-2896, 1-28-92; Ord. No. 93-2964, 8-10-93; Ord. 00-3273, 11-14-
00; Ord 02-3342, 9-10-02).
Sec. 4-14. Private service emergency medical services.
(a) It shall be unlawful for any person, including the holder of the transfer service
#l~as#~+se ep rmit, 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:
(1) It shall not be unlawful for a person operating a transfer ambulance
' with a city permit, 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.
(2) It shall not be unlawful for any person operating a transfer ambulance
' with a city permit., 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.
(3) It shall not be unlawful for any person to operated 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 the 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.
(4) It shall not be unlawful for any person to operate a transfer ambulance
' with a city permit on an emergency run when
Plainview Fire Department EMS ambulances are not available, and
the central dispatcher requests the eper operator furnish backup
emergency ambulance service for the Plainview Fire Department
EMS.
Ordinance No. 07-3478 Amendment Ordinance to Ambulances Page 3 of 14
467
(b) The transfer service #~;afls#~ise with a city permit shall be subject to revocation if
it is found that the holder of said fr^, a,,o~„~ ep rmit 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
#l+se ambulance holder of said permit receives an emergency call from any source to
respond either in the city or these areas under contract with the city, fr^~h,~c permittee
shall immediately notify the EMS communication center and shall not respond unless
requested to do so by the emergency medical service 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. (Ord. No. 88-2738, §4-7, 1-26-88)
SECTION III
Chapter 4, Ambulances, Article III, Private Transfer Ambulance Service, is hereby
amended as follows:
Sec. 4-22. ~r,~~e Permit 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
ambulance vehicle upon the public streets of the city without first having obtained a ep rmit
in accord with the terms and provisions of this article. (Ord. No. 88-2738, § 4-9, 1-26-88)
Sec. 4-23. €~a-r~~+se Permit application; contents.
(a) Application fora #raesh+se ep rmit shall be filed with the city secretary upon the
form furnished by the city secretary. Such application shall be subscribed and sworn to
before a notary public. The applicant shall furnish the following information:
~~-
The name, and address of the owner or operator of the ambulance
service.
E~
^nh ~r^ncfor ~iohinlo•
~v~n rrp7i.,, v. . vrc.,
~) The names and addresses of the true owners of the transfer
ambulance service and, if the business is a corporation the names
and addresses of the corporate officers.
Ordinance No. 07-3478 Amendment Ordinance to Ambulances Page 4 of 14
468
~) A statement from the city tax assessor-collector that all city taxes on
the permit applicant's property both real and personal to be used in
the business are current.
choir n~ irren~ con}o .,f Tov~c ronic•tr~~ c~.~~i is ~ni-1 choir rl~fo .,f
A statement that the applicant has obtained liability insurance in
accordance with the requirements provided by this article before
commencing service.
pr~~f of C~~+~o n{o}~~ ir~cnor~i~n c~inLor fr,r oonh ~iohinlo
L5) 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, with a minimum of two (2) units.
Proof that the applicant has been issued a permit by the state board
of health and pursuant to authorization of Texas Health and Safety
Code Section 773.041 (Vernon's 2003) must be shown. No
emergency ambulance permit will be issued unless the applicant has
obtained such a permit. Also the City requires proof that the
ambulance service is in__compliance with all requirements of the area
Medical Director.
~7) Each ambulance shall be staffed with no fewer than two (2) persons.
At the minimum one person shall be certified at the level of
Emergency Medical Technician and/or Emergency Medical.
Technician-Intermediate and one person shall be certified or licensed
at the level of Emergency Medical Technician-Paramedic by the
Texas Department of State Health Services. A list of persons who will
act as ambulance attendants and drivers, their current- -State of
Texas registry status and their date of employment must be
submitted.
Proof of State safety inspection sticker for each vehicle.
(9~ All mortar vehicles used for the purpose of providing ambulance
service hereunder shall be in compliance with the Texas Health and
Safety Code and rules promulgated by the Texas Department of State
Health Services.
Ordinance No. 07-3478 Amendment Ordinance to Ambulances Page 5 of 14
469
10) Applicant shall attach to the application a current financial statement
11 A schedule of rates charges and fees to be charged by the applicant
for the transfer ambulance service.
(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 (a) of this section, shall be guilty of a Class C misdemeanor
and subject to punitive measures, which may include suspension or revocation of any
fr~n~~nrhi~c ermlt granted. (Ord. No. 88-2738, § 4-10, 1-28-88; Ord. No. 00-3273, 11-14-00)
Sec. 4-24. ~r~,~ Permit Fees.
Every applicant for a
transfer ambulance operator's permit shall pay to the City of Plainview the following
nonrefundable fees upon the filing of the application with the city
secretary:
(a) An annual permit fee of two hundred dollars ($200.00), which fee shall entitle
a fr~?cpermit holder meeting the requirements of this e~ia~ter-Article and state
law to operate a transfer ambulance service for a period of ~ one (1) year
from the issuance date of t#° fr~~~ a permit. T!;e frunnhico ~,,,on~o permits
shall be prominently displayed at the frt`}~ ep rmit holder's principal place of
business within the city.
(b) In addition to the annual permit fee required to be paid to the city as set forth
in this section, each applicant for a transfer ambulance operator's permit shall pay
to the city an annual inspection fee of ten dollars ($10.00) for each ambulance
vehicle operated or to be operated by the fra~s~+~.~-"r~~ applicant. sa+d
+r}s~est+er} This inspection fee is assessed to defray part of the
certification and inspection costs by the city under this sl~apter
Article. This fee may be waived by the Ccity ~4manager or his/her designee upon
review. (Ord. No. 88-2738, § 4-11, 1-26-88; Ord. No. 00-3273, 11-14-00)
Sec. 4-25. Permit application; review hearing_
(a~ Upon application for a permit, the City Council will set the time for a public
hearing and receive evidence as to whether clear and convincing evidence shows that the
community has a need for additional services and current services within the City and the
community will not be adversely affected The applicant shall not be granted a permit
unless the City Council finds and determines that the public convenience and necessity will
be served by the issuance of such permit. The City Council shall also have the right to call
any witnesses that may be deemed necessary or appropriate to determine whether the
Ordinance No. 07-3478 Amendment Ordinance to Ambulances Page 6 of 14
470
applicant is qualified to render good services and has or will have sufficient equipment of
suitable type and condition as well as any other relevant facts bearing on whether the
additional services are needed and in the interest of the public as a whole.
(b) In all hearings the burden of proof shall be upon the applicants to establish by
clear and convincing evidence that a need in the community exists for their services. (Ord.
No. 88-2738, § 4-12, 1-26-88, Ord No. 04-3436, §12, 11-04-04)
Sec. 4-26. Insurance.
/01 _ P_ I~~ inlo h~+ll ho nn~;~~,~_~o n~ ~hlin c+roo+~ r+f +ho ~i+v ~ ~nlocc +ha
~"./ e
of +hic con+inn
ja) No ambulance shall be operated in the City unless there is at all times in full
force and effect insurance coverage as follows:
(~ Commercial General Liability: Coverage for claims for damages
because of bodily injury, sickness or disease or death of any person
other than ambulance service provider's employees, claims insured
by usual bodily injury liability coverages, and claims for damages
because of injuries to or destruction of tangible property, including
loss of use resulting therefrom in an amount of not less than One.
Million and No/100 Dollars ($1,000,000.00) per occurrence;
(2} Automobile Liability: Coverage for claims for damages resulting from
an automobile accident resulting in property damage and/or
personal injury or death in an amount not less than One Million and
No/100 Dollars ($1,000,000.00) per occurrence;
~3} Professional Liability: Coverage for claims for damages resulting from.
professional malpractice liability in an amount of not less than One
Million and No/100 Dollars ($1,000,000.00) per occurrence;,
+tiT o +orm of +ha frr±nnhicn liohili+~i inci ~r~nna I~Jn~~h.~^-n
, .,
+r nc~n+ h~ ~cino c in Tovr+ r+nrJ ~nnrnvoi-1 by fr~nrhic
{~}(b) Such insurance policy shall not contain a passenger liability exclusion.
(c) Every insurance policy required shall extend for the duration of the ambulance
service operation and the insurance policy shall contain a provision obligating the insurer
to give not less than thirty (30) days written notice to the City and the fire chief prior to the
Ordinance No. 07-3478 Amendment Ordinance to Ambulances Page 7 of 14
471
date of any reduction or cancellation of that polite
~[~i) E~rh Ii~h~G+~ inc~ m.~.n~o N~linv c,h~ll n~n~~ir, .~+ nrwi inn nhlinr+~inn Oho in ~ Frei-J }
~liy~?-th2rit~~srsrr~+~r.~`,.,,-i++o., nntiw of n~nnollo~inn ~r ro~~ ~n}inri nn~ to }h.~r~ }ors r1~.v r~ri~r
(d) No emergency ambulance operator's permit will be issued until such
insurance is in effect and a certificate of insurance has been filed with the application.
(Ord No. 88-2738, §4-13, 1-26-88; Ord No. 00-3273, 11-14-00)
Section 4-27. Attendants and drivers, requirements.
(a) Attendants employed with an ambulance service must be currently certified
with the Texas Registry of the Texas 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), Each transfer ambulance shall
be staffed with at least one (1) paramedic at all times.
(b) Attendants and drivers employed with an ambulance service must meet atl
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 driver safety course approved
by the city. An extension may be granted by the city m#tanager 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 mA~4anager or designee, aAmbulance
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 cGity mAAanager or designee, proof that employee(s)
have immunity to the following diseases by immunization or, when
applicable, by the 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 seat~+stert required by State law to test more
Ordinance No. 07-3478 Amendment Ordinance to Ambulances Page 8 of 14
472
frequently. Positive reactors should be referred to the public health
authorities for appropriate follow-up.
(Ord. No. 88-2738, § 4-14, 1-26-88; Ord. No. 00-3273, 11-14-00)
Section 4-28(d).
(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 or licensed by the Texas
Department of State Health Services Emergency Services Medical Division.
Section 4-29.
(c) Each ambulance shall sari , the
be licensed to carlythe required
equipment and staff for MICU (Mobile Intensive Care Unit}.
(d) If the city manager orhis/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.
Tho '+if~i mon~~or_ r'~Trl~~l-tc.-i ~cr r~~e~e~f~~e1-itUt~e m•~~i ~hon rliron4
~ The cit~manager or his/her authorized representative may then direct such
ambulances to proceed to a specified (ovation for further inspection. An ambulance that
does not meet the inspection requirements will immediately be taken out of service and
replaced by another company ambulance that is compliant. Transfer ambulance that
failed inspection may be put back into service after corrections have been made and
evidence of such has been presented to the city manager or his/her designee..
(f) Each unit shall be equipped with atwo-way radio which transmits and receives
on frequencies designated for use by the Federal Communications Commission (F_CC~
between each vehicle and dispatch Radio communications to and from such transfer
ambulance vehicles shall be the sole responsibility and expense of the operator. In
addition each transfer ambulance vehicle shall have capability to communicate with
hospitals and other emergency services from their ambulance units.
Section 4-30. Reprimandx suspension or revocation of permit
[~+\ Cvor~i fr.~nnhico icc„od ~ mrlor chic
..... .. +H ~+
.~ ~Q'G }1T~TC i c, / Te~PT~A'r'f~ RIrJ Pi',~~
Ordinance No. 07-3478 Amendment Ordinance to Ambulances Page 9 of 14
473
n
'~
(a} The city manager andfor his designee steal[ investigate every written complaint
filed with his office which complaint alleges that the pem~it holder has committed a violation
of the grounds set forth below for reprimand suspension or revocation of a permit issued
~b~ Any one of the following items shall be grounds far reprimand suspension or
revocation of a permit issued under this Article:
E~} Operating a transfer ambulance vehicle upon the City of Plainview's
streets when such vehicle has not met the inspection requirements of
this Article.
(2) Charging a fee for services rendered that is in excess of the schedule of
rates, charges and fees filed by the permit balder with the city secretary
under this Article.
(3) Failing to conspicuously post within every transfer ambulance vehicle
Ordinance No. 07-3478 Amendment Ordinance to Ambulances Page 10 of 14
474
a. A copy of the schedule of rates and fees for services on file with
the city secretary; and
b. The inspection certificate required under this Article.
(4) Failure to properly maintain every transfer ambulance vehicle so that it is
free of mechanical defects and suitable for transportation of patients
from the standpoint of health, sanitation, and safety.
(5} Failure to maintain and have available for duty during the operation
hours of the business conducted by permit holder a minimum of two (2}
transfer ambulance vehicles as required by this Article.
(6) Operating a transfer ambulance vehicle as an emergency service vehicle
when not authorized to do so in accordance with the terms of this Article.
(7) Failure to comply with any of the terms and conditions of this Article, or
has willfully or knowingly violated any of the provisions of such Article.
(8} Conviction of the permit holder of a felony or any criminal offense
involving moral turpitude;
(9} Conviction of a driver of driving while under the influence of alcohol
andfor illegal drops or of a driver or attendant of public intoxication.
(10}Cancellation withdrawal or termination of insurance required by this
Article.
(11}Other good cause exists and public convenience and necessity is no
longer served by the permit.
~c } If the city manager finds that grounds for reprimand suspension or revocation
da in fact exist he shall reprimand the permit holder in writing suspend the permit for a
period not to exceed ninety (90} days or revoke the permit as the facts of each case
warrant.
(d) in each case where a permit is suspended or revoked such facts shall be
communicated in writing to the permit holder by certified mail return receipt requested, and
shall set forth the basis for the action taken by the city manager and/or his designee.
fie} In each case where a permit is suspended or revoked the permit holder shall
have a period of ten (10) days from receipt of the notice of such action to appeal the
suspension or revocation of the permit to the City Council.
Ordinance No. 07-3478 Amendment Ordinance to Ambulances Page 11 of 14
475
Section 4-31. Rates.
e~+~aaee-
The term of the permit granted by_this Article shall be renewable annually. A
schedule of rates, charges and fees for services will be filed by the permit holder
Additionally the transfer ambulance service will conspicuously post within every transfer
ambulance vehicle the following: (1 } a copy of the schedule of rates and fees for services
on file with the city secretaN' and (2) the inspection certificate required by this Article
This permit renewal will be determined by the city manager or his/her designee after
reviewing all necessary information as required in this Article. Said term is subiect to the
rovisions of this Article and as amended. (Ord No. 88-2738, §4-18, 1-26-88)
Section 4-33. Duty of care; use of red lights and sirens speed.
(a) The emergencv ambulance operator has the duty to operate the vehicle with
appropriate regard for the safety of all persons. This Chapter does not relieve the operator
of an authorized emergencv ambulance from the consequences of reckless disregard for
the safety of others.
b} It shall be unlawful to operate or drive_an emergencv ambulance on the City's
public streets in excess of the speed limits applicable to nonemergency vehicles unless the
driver has notified the public safety communication center of the necessity of such action
Notification shall be by telephone to the 911 operator and shall include the driver's
identification, the ambulance service, and the origin and destination of the service request
c_}The use of sirens or flashing emergency light_supon the Gity public streets shall
be unlawful unless an emergency situation requires use of lights and sirens and the public
communication center has been notified prior to activation of said lights and sirens
Notification shall meet standards in subsection (B} above
fd} It shall be unlawful to operate an emergencv ambulance more than ten (101
miles per hour in excess of the posted speed limit.
Ordinance No. 07-3478 Amendment Ordinance to Ambulances Page 12 of 14
476
Section 4-34. Permit Term and Renewal.
(aZ When the requirements of this Article have been completed, the city secretary
shall issue to applicant a transfer ambulance operator's permit which permit shall expire
one (1~ year from the issuance date.
fib} A transfer ambulance operator's permit may be renewed by the holder of such
permit provided said holder follows the same procedure for such renewal permit as set
forth in this Article to obtain the initial permit and such renewal app{ication is filed forty-five
(45} days prior to the expiration of the existing permit.
Section 4-35. Other State Laws and Regulations.
No portion of this Chapter shall be construed in a manner inconsistent with state
laws and regulations includingbut not limited to Texas Health and Safety Code, Chapter
773 and any other relevant state and federal law.
SECTION IV
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 V
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 VI
Should any section, subsection, or any portion hereof be deemed invalid for any
reason, such holding shall not render or invalidate any other section, subsection, sentence,
provision, clause, phrase or word severable therefrom and the same shall be deemed
severable for this purpose.
SECTION VII
This ordinance shall be in full force and effect upon its passage and publication as
required by law.
PASSED AND APPROVED on first reading this 24th day of April, 2007.
Ordinance No. 07-3478 Amendment Ordinance to Ambulances Page 13 of 14
477
PASSED AND APPROVED on second reading this
ATTEST:
Belinda Hinojosa, City Secr ary
APPROVED,/~S TO CONTENT:
.~,,~ ~
G Ire Chief
APPROVED AS TO FORM:
Leslie pear Pearce, ty Attorney
1
ay of May, 2007.
hn C. Anders ,Mayor
Ordinance No. 07-3478 Amendment Ordinance to Ambulances Page 14 of 14