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HomeMy WebLinkAboutOrdinances_1987_CCv0001.pdf ORDINANCE NO. 1987 AN ORDINANCE OF THE CITY OF REDLA,N S ADDING CHAPTER 29 TO THE RED ANDS ORDINANCE CODE ;RELATING TO AMBULANCE SERVICES THE CITY COUNCIL OF THE CITY OF REDLANDS does ordain as follows: ws: SECTIO ONE: Chapter 29 is hereby added to the Redlands Ordinance Cade as follows: "CHAPTER =29 Ambulances Article 290 Definitions Article 291 Permit Required Article 292 Ambulance Service Rate Article 293 Emergency Service Requirements Article 294 Ambulance Personnel Article 295 Continuation of Cali: Article 29E Emergency and Disaster Operations Article 297 User Complaint Procedures Article 298 Enforcement Responsibilities Article 299 Excused Performance Article 2910 Penalty Article 291.1 Civil Remedies Available Article 2912 Severability ARTICLE 290 DEFINITIONS 29000 . ADVANCED LIFE SUPPORT (ALS) OR LIMITED ADVANCES LIFE SUPPORT (LALS)-. The term "ALS or "LADS" means an ambulance which has additional equipment and supplies as specified by the local EMS agency. 29001. AMBULANCE. The terga "ambulance" means any privately, or publicly owned vehicle specifically designed, constructed, modified, equipped, arranged, maintained, and operated for the sole purpose of transporting sick, injured, wounded, invalid, expectant mother, convalescent, or otherwise incapacitated persons .. 29002 AMBULANCE SERVICE OPERATOR. The term "ambulance service operator" means the manager, director, or officer who directs an ambulance service. 29003. BASIC LIFE SUPPORT (BLS) AMBULANCE. The term "BLS balance" means an ambulance which has equipment and supplies required by the California - Administrative Code and by any other local or state regulations applicable to the provision of Basic Life Support level of service. 29004. LEVEL OF SERVICE. The term "Level of Service" means the complexity of field emergency medical services that may be provided by a permittee, and will be specified as basic life support provided by EMT-1A personnel conforming to the provisions of the California Health and Safety Code 1797. 170, full advanced life support provided by California licensed physician or by paramedics and mobile intensive care nurses certified by the Medical Director of the local EMS agency under California Health and Safety Code Section 1797 . 172 or limited advanced life support provided by F.MT-II personnel authorized under Health and Safety Code Section 1797 - 171. 29005. CODE 3 . The term "Code 3" means the period when an ambulance is traveling to or from a patient pick-up point as a result of an emergency call and during which said ambulance is using red lights and siren. -3- 29016. COUNTY. The term "County" means the County of Hari Bernardino, California 29007. COUNTY 'HEALTH OFFICER. The term "County Health officer" means the person designated as such by the County of San Bernardino-. 29008. EMT-lA. The term "EMT-IA" means Emergency Medical Technician 1 Ambulance. 29009. EMERGENCY CALL.; The term "Emergency Call" is a request for the dispatch of an ambulance to transport or provide other assistance for a person who apparently has a sudden or unforeseen need for emergency medical attention. 29010 . EMERGENCY SERVICE. The term "Emergency Service means the functions performed in response to an emergency call and includes the provision of BLS and,/or AES. 29011. ICEMA. The term "ICEMA" means Inland Counties Emergency Medical Agency. 29012. MOBILE INTENSIVE CARE (MIC) NURSE. The tern "MIC Nurse" means a nurse who has been certified by - the County Health Officer as qualified in the provision of emergency cardiac and noncardiac care and in the issuance of emergency instructions to MIC paramedics. 29013. EMERGENCY MEDICAL TECHNICIAN-PARAMEDIC (EMT-P) PARAMEDIC OR MOBILE INTENSIVE CARE PARAMEDIC. The term "EMT Paramedic" means a person specially trained and certified to provide advanced life support according to standards prescribed by Division 2. 5 of the Health and Safety Code, S 29014. NON-EMERGENCY CALL. The term "Non-emergency Call" means all requests for ambulance services which do not require a Code 3 response nor the provisions of emergency services as of the time the call is made. 5 29015. PATIENT. The term "Patient" means a sick, injured, wounded, invalid, expectant mother, convalescent, or otherwise incapacitated person. S 29016. PERMITTEE. The term "Permittee" means any ambulance service which possesses a current permit to provide ambulance service within the City of Redlands . 29017 . PERSON. The term "Person" includes all natural persons, as well as any individual partnership, firm, corporation, association, governmental agency or other group or combination acting as a unit. ARTICLE 291 PERMIT 29100 . Permit Required. It shall be unlawful for any person, either as owner, employee or otherwise, to operate an ambulance, or to engage in business as an ambulance service operator , upon the streets or any public way or place in the City except in conformance with a valid City permit to operate an ambulance service. 29101. EXCEPTIONS. The equipment and personnel standards specified in this Chapter shall apply to all ambulance operators; provided, however, that the licensing and permit requirements shall not apply to: a. Publicly owned ambulances; -6- b. Vehicles operated as ambulances at the request of local authorities during wartime emergency,, duly proclaimed state of emergency or local emergency as defined in the California Emer- gency Services Act (Chapter 7 of Division I of Title 2 of the Government Code) , as amended; and C. Ambulances passing through the City, which neither originate from the City nor arrive to a call within the City. 29102. PERMIT FEES. Permit fees shall be those which are, from time to time, set by the City Council. All permits shall expire on June 30 of each year regardless of when they are issued. The annual business tax for an ambulance service shall be based on the gross receipts of the past calendar year, as set forth in Article 221 of this Code. 29103. APPLICATION FOR A PERMIT OR RENEWAL OF A PERMIT. Prior to the issuance of a permit or renewal of a permit, an applicant shall file with the City Manager an application in writing on a form to be furnished by the City Manager, which -7- shall set forth the following: a. Name and description of applicant . b. Business address and residence address of applicant . C. The name under which the ambulance service will do business. d. If a corporation, joint venture, partnership or limited partnership, the names of all partners, or the names of corporate officers, their residence addresses and their percentage of participation in the business. e. If the applicant is applying for a permit to provide emergency service, a verification that the applicant is equipped to and will provide BLS service at all times in the City. f. Express warranty from applicant in all appli- cations that the applicant owns or controls the equipment required to adequately conduct an ambulance service in the City, which meets the requirements established by the California -8- Vehicle Code, and that the applicant owns or has access to suitable and safe facilities for maintaining his ambulance service in a clean and sanitary condition. Both initial applica- tions and renewal applications must contain a statement that the applicant will maintain (station) at least two ( 2) BLS equipped ambulances within the geographical boundaries of the City. Additionally, the applicant must establish to the reasonable satisfaction of the City Manager that the applicant has adequate capability to "back up" or augment such BLS equipped ambulance if it is not immediately available to respond to a call therefor. A complete description of each ambulance to be operated by the applicant, including a list of the internal equipment carried by each ambulance, the patient capacity thereof, and a copy of the applicant ' s current Ambulance Inspection Report issued by the California Highway Patrol for each vehicle. h. A statement by the applicant warranting that each permitted ambulance and its appurtenances -9- conform to all applicable provisions of this Chapter , the California Vehicle Code, the California Administrative Code and all other state, county or city applicable rules or regulations. If the applicant is applying for a permit to provide emergency service, a statement that the applicant employs sufficient personnel adequately trained and available to deliver emergency BLS and/or ALS ambulance services of good quality at all times in the City. A description of the level of training for each ambulance employee and a copy of each current certificate or license, including divers license, issued by the state, county and the local Emergency medical Authority establishing qualifications of such personnel to be employed in ambulance operations. k. A statement, in the initial application, that shows to the satisfaction of the City Manager that the issuance of a permit is in the public interest and that there is a need for a permit to be issued. _-10-- 1. A statement by the applicant that as a condition of the City issuing a permit, appli- cant agrees to appear and defend all actions against the City arising out of the exercise of permit, and shall indemnify and save the City, its elected officials, employees and agents harmless from any and all claims, demands, actions, or causes of actions of every kind and description resulting directly or indirectly, arising out of, or in any way connected with, the exercise of the permit . M. A schedule of rates to be charged by the applicant. n. A statement whether applicant is seeking a permit to provide wheelchair services, advanced life support (emergency) or basic life support (non-emergency) level of service, or all three. 0. Such other information as may be required to satisfy the requirements of the Emergency Medical Services Plan for the County of San Bernardino, as amended from time to time. _11- 29104 INVESTIGATION BY CITY MANAGER. Upon receipt of a complete initial (non-renewal) application, the City manager shall conduct an investigation to determine if the applicant has satisfied all requirements of this Chapter. Upon completion of his investigation, the City Manager shall recommend to the City Council that a permit be granted or. denied. The determination of the City Council shall be made after a duly noticed public hearing. 29105 ISSUANCE OR DENIAL OF PERMIT. The City Council may order the issuance of a new permit to conduct an ambulance service in the City upon finding that the applicant meets all requirements of this Chapter. The City Council may deny a new or renewed permit if it finds any of the following conditions to be true: a. That the application does not contain the information required by the provisions of this Chapter ; b. That the vehicles described in the application are inadequate or unsafe for the purposes for which they are to be used; -12- C* That the color scheme, name, monogram, or insignia to be used upon such vehicles is in conflict with or imitates any color scheme, name, monogram, or insignia used by any person so as to be misleading or tending to mislead or misrepresent material facts; d. That there is insufficient need for such additional ambulance service within the City, provided that the sole fact there is an exist- ing provider or providers shall not constitute sufficient proof that the insufficient need exists; or e. That the applicant of the proposed ambulance operation does not meet all requirements set forth in this Chapter , those of the County Health Officer or those set forth in the Emergency Medical Services Plan for the County of San Bernardino as it may be amended from time to time. The City Council may deny a permit if the applicant or any partner, officer or director thereof: -13- Was previously the holder of any ambulance permit which permit was revoked or suspended; g. Has, within the preceding five ( 5) years committed any act, which, if committed by a permittee, would be grounds for suspension or revocation of a permit issued pursuant to the chapter; h. Has committed any act involving dishonesty, fraud, or deceit whereby another is injured or where the applicant has benefited; i. Has acted as an ambulance service operator in any city without possessing a required permit therefor; j . Has aided or abetted any person in violating any provision of this Chapter or any other ambulance ordinance; or k. Has made any material misstatement of fact upon any application, or during the course of any investigation, required or permitted by this Chapter . _14- 29106 BONDING OF APPLICANT. Before any permit is issued under the provisions of this chapter, the City Council may require the applicant as a condition to the issuance of the permit to post with the City Clerk a cash bond in the sum of Seven Thousand Five Hundred Dollars ($7, 500) or a surety bond in the same amount furnished by a corporation authorized to do business in the State of California, payable to the City. The bond shall be conditioned upon the full and faithful performance by the permittee of his obligations under this Chapter and shall be kept in full force and effect by the permittee throughout the life of the permit and all renewals thereof . 29107 CONDITION OF ISSUANCE. As a condition of issuance of a permit to operate an ambulance, permittee shall hold harmless, indemnify and defend the City, its elected officials, officers and employees from any and all claims and lawsuits for damage to persons or property arising out of or in any way connected with permittee ' s ambulance operations or operations of permittee ' s officers, employees and agents with respect to the provision of ambulance services, to the maximum extent provided by law. -15. 29108 LIABILITY INSURANCE. The permittee shall obtain and keep in force during the term of the permit public and bodily injury liability insurance issued by a company authorized to do business in the State of California, insuring the ambulance service operator and his/her employees against loss by reason of injury or damages to persons or property arising from the operation or defective construction of an ambulance, or from violation of this Chapter or of any other law of the State of California or the United States. The policy shall also name the City, its elected officials, officers and employees as additional insureds. The policy shall contain provisions waiving insurer 's right of subrogation and making the policy primary and non- contributing. It shall be in the sum of not less than Five Hundred Thousand Dollars ($500,000) for personal injury to or death of any one person in any single accident ; and not less than Five Hundred Thousand Dollars ( $500,GOO) for damages to or destruction of property in any one accident. Worker ' s compensation insurance shall be carried covering all employees of the permittee. Copies of the policies or certificates evidencing such policies shall be filed with the City Clerk prior to the effective date of any permit issued hereunder. All policies shall contain a provision requiring thirty ( 30 ) days notice to be given to the City Clerk prior to cancellation, modification or reduction of limits, and coverage shall extend through the next subsequent June 30 . 29109 CONTENT OF PERMIT. The permit shall specify the dates of issuance and expiration, the license number or vehicle identification number of each ambulance authorized thereunder, number of ambulance vehicles to be used by the permittee, plus any special conditions imposed as a condition precedent to the issuance of such permit by the City Council . 29110 AMENDMENT OF PERMITS. Upon request by the permittee, the City Manager may amend the conditions specified in a permit if he finds such requested changes to be in substantial compliance with the provisions of this Chapter . Such amendment shall not affect the expiration date of the existing permit, nor shall it authorize a change in ownership from that specified in the original permit . -17- 29111 RENEWAL OF PERMITS. Permits may be renewed annually by the City Manager upon application of the permit holder made at least sixty ( 60) days prior to expiration of the current permit : a. If the permit holder proposes no substantial change in the nature of service to be rendered; and b. If the City Manager determines that the permit holder has, during the period of the expiring permit operated in conformity with the provi- sions of this Chapter and the rules and regu- lations of the City, that he is capable of continuing operation in conformity with the rules and regulations of the City, and that all facts contained in the original and renewal application are still true. Unless good cause can be shown by the permittee, it shall be valid basis for renewal of a permit if the permittee has not, during the preceding permit period, had a Code 3 response time to at least ninety-five percent ( 95% ) of its emergency calls of ten minutes or less. Said response time shall be measured from the time the permittee received the _18- request until the permittee ' s ambulance actually arrived at the location for which the ambulance was requested. ARTICLE 292 RATES 29200. AMBULANCE SERVICE RATE. The City Manager is hereby delegated the authority and directed to adjust the ambulance service rate to provide recovery of costs reasonably borne in providing the services enumerated in this chapter and within the guidelines of the San Bernardino County department of Public Health Ambulance Ordinance and adopted industry-wide rate structure. 29201 COST REASONABLY BORNE. "Cost reasonably borne" as used in this section are to consist of the following elements: a. All applicable direct costs including, but not limited to, salaries, wages, fringe benefits, services, and supplies, operation expenses;, contracted services, special supplies, and any other direct expense incurred. _19- b. All applicable indirect costs including, but not restricted to, building maintenance and operations, equipment maintenance, communica- tion, printing and reproduction, and like expenses when distributed on a rational pro- ration system. C. Fixed assets recovery expenses, consisting of depreciation of fixed assets, and additional fixed asset expense recovery charges calcu- lated on the current estimated cost of replacement, divided by the approximate life expectancy of the fixed asset . A further additional charge to make up the depreciation not previously recovered and reserved in cash also shall be calculated and considered a cost so as to recover such unrecovered depreciation over the remaining life of the asset . 29202 REVIEW OF RATES. The City Manager, Finance Director, and Fire Chief, under the direction of the City Manager, shall review the rates proposed and listed below in this section, and set the adjusted rates so as to recover the cost reasonably borne necessary to provide any of the following -20- listed services : a. Ambulance wages, overhead, insurance, depreci- ation/lease, fuel and oil, vehicle main- tenance, ambulance supplies , radio expenses (parts and labor) that are reasonably borne are to be recovered 100 percent . If the adjusted rate would result in a change of revenue greater than ten ( 10 ) percent, the City Council shall determine the adjustment, by con- sidering the applications and recommendation of the City Manager, but not be bound by the same, and shall consider any relevant equitable considera- tions in the interests of the permittee. ARTICLE 293 EMERGENCY SERVICE REQUIREMENTS 29300 MINIMUM SERVICE. Each emergency service permittee shall provide a minimum Basic Life Support ambulance service on a continuous twenty- four ( 24) hours per day basis during the entire term of the permit . 21- S 29301 CONFORMANCE WITH PERMIT REQUIREMENTS. No ambulance operator shall provide ambulance service for ambulance calls originating within the City unless he shall first have obtained a valid City permit in accordance with this Chapter . S 29302 STANDARDS FOR DISPATCH. Each emergency ambulance service receiving an emergency request shall dispatch an ambulance in compliance with all City procedures and procedures required by all applicable state and county codes. If an ambulance is not available for immediate dispatch, the procedures required by all applicable state laws, including the California Administrative Code, and any applicable county codes shall apply. a. The Redlands Fire Department and Police Department Dispatch Centers shall be immediately notified by permittee of any emergency ambulance request or need. b. All ambulance service operators shall maintain a log for a period of three ( 3) years containing all dispatch and arrival times and locations , the nature of the medical emergency, the critical need, the total amount charged and the name of the -22- recipient of such services, all made under penalty of perjury and available for inspection by it representatives during office hours . All non- emergency ambulance operators shall maintain a similar log. C. No ambulance shall be dispatched without having first received a legitimate request for such services. § 29303 AMBULANCE SAFETY AND EMERGENCY EQUIPMENT REQUIREMENTS. Ambulances shall be maintained at all times in good mechanical repair, in a clean and sanitary condition, and in full compliance with all applicable local and state laws. a. MINIMUM EQUIPMENT. All ambulances shall be equipped with two-way radios and all other safety and BLS emergency equipment required for ambulances by the California Vehicle Code and the California Administrative Code, administrative rules of the County Health Officer as the same are now written, or hereafter amended, and any other rules or regu- lations applicable to ambulance services. -23- b. EMERGENCY (ALS) AMBULANCE EQUIPMENT. In addition to the regular ambulance equipment and supplies, all ALS ambulances shall also be equipped as required by any other applicable state or local regulations. C. MAINTENANCE OF EMERGENCY EQUIPMENT AND SUPPLIES. Dressings, bandaging, instruments and other medical supplies used for care and treatment of patients will be protected so they are sterile when ready for use. ARTICLE 294 AMBULANCE PERSONNEL 5 29400 AMBULANCE PERSONNEL. Every person who drives an ambulance within the City, while responding to calls, shall comply with all applicable requirements of state law, including those requirements set forth in the California Administrative Code for ambulance drivers . The driver of an ambulance shall be trained and competent in the proper use of all equipment required by this chapter or other applicable law. The driver shall also hold a certificate of at -24- least an EMT-IA. 29401 AMBULANCE ATTENDANT. All ambulance attendants shall be trained and competent in the proper use of all equipment required by this chapter , or by other applicable law, and shall hold the required certi- fication of at least an EMT-IIS. If the vehicle being used as an emergency service (ALS) ambulance, at least one attendant shall hold a current certi- ficate as an EMT-Paramedic (EMT-P) through the local Emergency Medical Authority. S 29402 ATTENDANT REQUIRED. Each ambulance being operated within the City, in response to an emergency call, shall be staffed by both a driver and attendant holding EMT-IA certification. When there is an MIC-Paramedic responding with the ambulance to an emergency call, the MIC-Paramedic shall occupy the patient compartment while transporting any person in apparent need of medical attention. In non-emergency calls, the attendant must hold, at a minimum, a current EMT-lA certificate. An ambulance driver or ambulance attendant who is a California licensed physician or an MIC nurse currently certified, shall be exempt form the emergency medical training requirement of -25- this section. This section shall not apply during any "state of emergency" or "local emergency" as defined in the Government Code of the State of California. 29403 DRIVERS AND ATTENDANTS. Shall provide the following : a. Prior to employment, all drivers and atten- dants must have a valid DMV physical examina- tion and TB skin test, and chest X-ray if skin test is positive. b. During employment, have on file with the Fire Department and Police Department the following: Fire Department : (1 ) A copy of TB test (a) If original TB skin test was positive, a yearly chest X-ray is required. (b) If original TB skin test is nega- tive, a two year TB skin test is required. (2) A record of the level of training and a -26- copy of each current certificate or license, including driver ' s license, issued by the State, County and Local Emergency Medical Authority establishing qualifications of such personnel to be employed in ambulance operations. Police Department : ( 3) A copy of fingerprints. ARTICLE 295 CONTINUATION OF CALL 29500 CONTINUATION OF CALL. An ambulance based and properly licensed outside the City but not licensed by the City shall be authorized to transport a patient to or through the City, but shall not be authorized to transport patients originating in the City, except in emergency situations when no other licensed emergency service provider is reasonably available. In the discretion of the requesting agency, and subject to subsequent review by the City, a non-City licensed ambulance may be utilized in life and death situations when no licensed provider is reasonably available. -27- ARTICLE 296 EMERGENCE" AND DISASTER OPERATION 5 29600 EMERGENCY AND DISASTER OPERATIONS. During any "state of war emergency" , "state of emergency" or "local emergency" as defined in the California Emergency Services Act (Chapter 7 of Division 1 o Title 2 of the Government Code) , as amended, each ambulance service operator shall provide equipment, facilities, and personnel as required by the City Manager . ARTICLE 297 [BSER COMPLAINT PROCEDURE 29700 USER COMPLAINT PROCEDURES. Any user or subscriber to an ambulance service contending that he has been required to pay an excessive charge for service or that he has received unsatisfactory services may file+ a written complaint with the City Manager setting forth such allegations. The City Manager shall notify the affected permittee of such complaint, and shall investigate the matter to -28- determine the validity of the complaint. if the complaint is determined to be valid, the City Manager shall provide the County Health Officer with the documentation and request reasonable and proper action to secure compliance with the conditions of this Chapter . ARTICLE 298 ENFORCEMENT RESPONSIBILITIES 29800 COMPLIANCE WITH COUNTY RULES AND REGULATIONS. The City recognizes the San Bernardino County, Department of Public Health rules and regulations for enforcement pertaining to ambulances, ambulance service operations, ambulance equipment, ambulance vehicles and ambulance personnel for the effective and reasonable administration of this Chapter . 29801 INSPECTION. The City Manager, during office hours or otherwise upon reasonable notice, shall be authorized by permittee to inspect the records, facilities, vehicles , equipment and methods of operation whenever such inspections are deemed necessary. -29- ARTICLE 2`99 EXCUSED PERFORMANCE 2900 EXCUSED PERFORMANCE. No operator shall be deemed to be in violation of its permit if it shall fail to provide, either in whole or in part, the services otherwise required, without fault of permittee, if such performance is prevented by any of the following: Acts of God Labor strikes or disputes, Intervention of any government beady, or Any farce reasonably beyond: the control of the operator. ARTICLE 2910 PENALTY 291000 VIOLATION F CHAPTER. It shall be unlawful for any person, firm:, partnership or corporation to violate any provision or to fail to compl.y with any of the requirements of this Chapter . Any person, firm, partnership or corporation violating any provision of this Chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor . Each such person, firm, partnership or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Chapter is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this Chapter . ARTICLE 2911 CIVIL REMEDIES AVAILABLE 291100 CIVIL REMEDIES AVAILABLE. The violation of any of the provisions of this Chapter shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. -31- ARTICLE 2912 SEVERABILITY 5 291200 SEVERABILITY. if any portion of this Chapter is found to be unconstitutional or invalid, the City Council hereby declares that it- would have enacted the remainder of this Chapter regardless of the absence of any such invalid part. " SECTION TWO: That. Ordinances Nos . 1418 , 1528, and 1602 are hereby repealed. SECTION THREE: This ordinance shall be in farce and take effect as provided by law. SECTION FOUR: The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and cause it, or a summary of it, to be published once in the Redlands Daily Facts, a newspaper of general circulation printed and published in this City. Mayer o the City o R-e an s ATTEST:, r Ordinance No. 1987 -32- i I , Lorrie Poyzer, City Clerk , City of Redlands , hereby certify that the foregoing ordinance was duly adopted by the City Council at a regular meeting thereof held on the 4th day of August , 1987 , by the following vote: AYES: Councilmembers Larsen, Johnson, Wormser; Mayor Beswick NOES: None ABSENT: None ABSTAIN: Councilmember DeMirjyn e-7-J A Cl-ty- ��e rk 7-j'-1 L/ Ordinance No. 1987 -33-