HomeMy WebLinkAbout1979-1200 - Ordinance - 12/13/1979ORDINANCE NO. 1200
AN ORDINANCE PROVIDING RULES AND REGULATIONS FOR THE OPERATION
OF EMERGENCY AMBULANCES WITHIN THE CITY OF COLLEGE STATION MAKING
CERTAIN PROVISIONS WITH REGARD TO THE SUBJECT; PROVIDING A PENALTY;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION:
Section 1. For the purposes of this ordinance, certain words and
phrases are defined as follows:
Ambulance. A motor vehicle used, designed or redesigned,
and equipped for the primary purpose of the transportation of
sick or injured persons.
Ambulance Service. A trip made by an ambulance to trans-
port a sick or injured person from place to place under other
than emergency circumstances.
Ambulance Operator. The person, partnership or corporation
holding a city ambulance permit.
Direct Call. A request for ambulance service made by
telephone or other means directly to an ambulance operator, his
agents or employees.
Emergency Ambulance. An ambulance used, designed or re-
designed, and equipped for the primary purpose of transporting
sick or injured persons under emergency circumstances, and the
rendering of first aid or the performance of rescue work, or
both, under such circumstances.
Emergency Circumstance. The existence of circumstances in
which the element of time in expeditiously transporting a sick
or injured person for medical or surgical treatment is essential
to the health or life of such person, and in which rescue
operations or competent first aid or both at the place of
emergency may be essential to the health or life of such person.
Emergency Ambulance Service. A trip made by an emergency
ambulance under emergency circumstances to the place of
emergency, performance of any necessary rescue operations, rendering
of any necessary first aid assistance and the trip to the hospital
or other place for medical attention. An ambulance is being
operated in emergency ambulance service if all or any part of the
above described trip to the place of emergency and any subsequent
trip to the hospital is made on the streets within the corporate
limits of the City of College Station. An emergency ambulance
shall be considered an emergency ambulance service when it is
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Ordinance No. 1200 Page 2
responding to a call for emergency assistance even though, upon
arrival at the place of emergency, it is found no further
emergency ambulance assistance is required or when it is
responding to a call for routine ambulance service and during
such trip emergency circumstances develop (whether because the
call for assistance was falsely made, or otherwise).
EMS Division. The emergency Medical Service Division of
the City of College Station Fire Department.
Fire Department. The Fire Department of the City of
College Station.
Health Official. The City of College Station Health Official,
as appointed by the City Council.
Northgate. The area bounded by and including University
Drive on the South, F.M. 2154 on the west, Patricia Street on
the North, and on the east by College Avenue.
Person. The term "person" includes "partnership", "firm",
"association" and "corporation".
Section 2 Permit Required
2.1 The operation of emergency ambulances on the streets
of the city for the furnishing of emergency ambulance service
is hereby declared to be primarily a governmental function of
the City of College Station to be performed by the Fire Depart-
ment in accordance with the terms of this ordinance.
2.2 Any person operating an ambulance service upon the
streets of the city must secure a permit therefor from the
Health Official, which permit shall be valid for the calendar
year in which issued.
2.3 Each applicant shall provide evidence that he has in
full force for such calendar year a public liability insurance
policy on each ambulance, such insurance policy to be issued by
an insurance company licensed to do business in the state, or by
a surplus line insurance company which is not legally prohibited
from doing business in the state. Such policy shall provide
liability insurance in the amount of not less than one hundred
thousand dollars ($100,000.00) for injury to any one person, not
less than three hundred thousand dollars ($300,000.00) for
personal injury in any one accident, and not less than twenty
five thousand dollars ($25,000.00) for property damage. Such
insurance policy shall not contain a passenger liability
exclusion. Each policy shall contain a provision obligating
the insurer to give to the Health Official written notice of
cancellation not less than ten (10) days prior to the date of
any cancellation.
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Ordinance No. 1200 Page 3
2.4 It shall be unlawful to operate or drive or cause to
be operated or driven an emergency ambulance on a public street
of the city when furnishing emergency ambulance service, in-
cluding emergency ambulances operated by the Fire Department of
the City of College Station, unless there is aboard such emergency
ambulance on each trip at least two persons, one of whom is the
holder of a valid EMT Certification issued by Texas Department of
Health. The holder of such Certificate must be the person
attending the patient while such patient is being transported.
2.5 No emergency ambulance or transfer ambulance shall be
operated upon the streets of the city for the purpose of fur-
nishing ambulance service unless such ambulance is equipped with
the "Essential Equipment for Ambulances", as set out in the
bulletin of the American College of Surgeons, May issue, 1970,
pages 7 through 13, a copy of which shall be filed in the office
of the EMS director.
2.6 No emergency ambulance shall be operated on the public
streets of the city unless it is free of structural defects and
unless it has no serious impairment of any safety feature resulting
from an accident or otherwise. No emergency ambulance shall be
operated upon the streets of the city for the purpose of furnishing
emergency ambulance service unless and until such ambulance has
been duly licensed in accordance with Article 4590b, V.T.C.S. and
permitted by the City of College Station under this ordinance.
2.7 (a) The fee for the permit required above shall be
fifty dollars ($50.00) and all permits issued under this article
shall terminate on December 31 of each year. Such permits may
be renewed by paying a permit fee of twenty five dollars ($25.00)
before the termination date.
(b) No ambulance permit shall be granted unless the
ad valorem taxes on all properties used or useful in the furnishing
of ambulance and transfer service shall have been first paid. The
ambulance operator shall furnish proof that payment has been made.
2.8 When an ambulance operator's permit is issued under this
ordinance, the Health Officer will furnish the permittee with two
(2) medallions for each emergency ambulance and each transfer
ambulance inspected and authorized to be used in emergency or
transfer service. Such medallions shall be of different colors
for emergency and transfer service. Such medallions shall be
affixed on or in the vicinity of the front and rear license
plates of such vehicles. All emergency ambulances shall have
prominently displayed on both exterior sides thereof the name
of the ambulance service. It shall be unlawful to operate an
ambulance on the streets of the city without having such medallions
and/or name so displayed.
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Ordinance No. 1200
Page 4
2.9 The City Health Official shall cause all emergency
ambulances, including those operated by the Fire Department,
to be inspected before being placed in service and shall
thereafter inspect such ambulances not less than once each
six (6) months, and at least six (6) times per year on a
spot inspection basis. In the event an emergency ambulance
fails to pass inspection, the Health Official shall notify
the emergency ambulance operator or the EMS Director, to
correct the defects noted in the inspection and, after such
notification, the Health Official shall cause such ambulance
to be reinspected within forty-eight (48) hours for compliance.
If, upon such reinspection, the defects noted in the original
inspection have not been corrected, the vehicle medallions
shall be removed from the ambulance by the Health Official
and shall only be replaced upon such ambulance after the
defects have been corrected. Inspections provided for here-
in may also be made by any police officer of the City of
College Station and by any authorized employee of the EMS
Division of the College Station Fire Department.
Section 3. Exceptions
3.1 It shall be unlawful for any person, other than mem-
bers of such Fire Department, while driving emergency ambulances
operated by the Fire Department, to furnish or to attempt to
furnish emergency ambulance service or to operate or drive or
cause to be operated or driven any ambulance on the streets of
the city for the purpose of furnishing emergency ambulance
service.
3.2 It shall not be unlawful for any person to operate
an ambulance upon the streets of the city, when, upon responding
to a direct call for ambulance service, a determination is made
that an emergency exist requiring the sick or injured person to
be transported with all practical speed for medical treatment
and attention to operate such ambulance in emergency ambulance
service.
3.3 It shall not be unlawful for any person operating an
ambulance within the city who is performing a service under
contract of maintain an ambulance at a particular location,
or event, for the purpose of transporting sick or injured
persons for medical or hospital treatment, upon determining
that the sick or injured person requires immediate hospital or
medical attention to operate such ambulance in emergency service.
3.4 It shall not be unlawful for any person to operate an
ambulance in emergency ambulance service to a hospital within
the City of College Station when such person at the time has an
established place of business at a permanent address outside
the corporate limits of the city and when, (1) the place of
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Ordinance No. 1200
Page 5
emergency at which the sick or injured person or persons were
picked up by such ambulance is outside the corporate limits
of the city, and (2) the ambulance performing sick emergency
ambulance service is, at the time, duly licensed and operated
in accordance with Article 4590b, V.T.C.S., and (3) the driver
of such ambulance complies with all speed and other traffic
regulations for emergency ambulances set forth herein.
3.5 It shall not be unlawful for any person to operate
an ambulance in emergency ambulance service when, by reason
of Fire Department ambulances not being available, the Fire
Department of the City of College Station�:calls upon such
ambulance operator to furnish stand-by or back-up emergency
ambulance service for the Fire Department.
3.6 In each instance set out in 3.2 through 3.5 above,
the driver or operator of such ambulance shall notify the
Fire Department dispatcher of the conditions requiring the
operation of his vehicle in emergency ambulance service, the
location from which he is proceeding, and the location of
which he is proceeding under emergency ambulance service.
Each ambulance being operated under subsection 3.2 and 3.3
above shall comply with the requirements of this ordinance
regarding emergency ambulances insofar as traffic safety are
concerned. Each ambulance being operated under the provisions
of subsections 3.4 and 3.5 above shall comply with all require-
ments of this ordinance regarding emergency ambulances of
every nature. Upon arriving at his destination, the ambulance
driver or ambulance operator will again notify the Fire Depart-
ment dispatcher that he has arrived and is no longer in emer-
gency ambulance service. When the driver or operator of an
ambulance is responding to a direct call for ambulance service,
either under emergency conditions or otherwise, he shall inform
the Fire Department ambulance dispatcher of the location of
such call and such information as he may have concerning the
circumstances surrounding the request for service and if the
Fire Department ambulance dispatcher reports that a Fire
Department ambulance is either on route to the same location
or has arrived there and instructs such ambulance driver or
operator not to respond to such call, it shall be unlawful for
such driver or operator to so respond when instructed not to
do so by the Fire Department ambulance dispatcher.
Section 4 Driving Restrictions
4.1 The use of signs or flashing emergency lights on an
ambulance upon the public streets of the City of College Station
shall be unlawful except when furnishing emergency ambulance
service in accordance with the terms of this ordinance.
4.2 (a) It shall be unlawful to drive and operate any
emergency ambulance on the streets in the Northgate area of
the city in emergency ambulance service in excess of the speed
limits applicable to non -emergency vehicles in the Northgate
area of the city.
Ordinance No. 1200 Page 6
(b) Elsewhere than in the Northgate area of the city,
it shall be unlawful to operate and drive any emergency
ambulance on the streets in emergency ambulance service at
a rate of speed of more than ten (10) miles per hour in
excess of the speed limits applicable to ordinary non -emergency
vehicles.
(c) It shall be unlawful to operate or drive any
emergency ambulance on the streets of the city in emergency
ambulance service in excess of ten (10) miles per hour while
entering and passing through an intersection controlled by
a stop sign or while entering and passing through an inter-
section controlled by any traffic signal which, at the time,
indicates stop by displaying a red light, and unless the
operator thereof slows down as necessary for safety upon
approaching the stop sign or signal and only then proceeds
cautiously past such stop sign or signal.
Section 5 Refusal to Render Aid
It shall be unlawful for the driver or the attendant of
any emergency ambulance to fail to render first aid and
assistance to the sick or injured at the place of emergency.
It shall be unlawful for an emergency ambulance operator, to
refuse to carry or transport any sick, injured or deceased
person from the place of an emergency or the place of a direct
call to which he has responded, and the circumstances that
such person is or appears to be, indigent and unable to pay
the cost of such service, shall not serve as an excuse from
this requirement.
It shall be unlawful for any person, while operating or
accompanying an emergency ambulance on the public streets or
easements of the city, to solicit the business of transporting
the sick or injured.
Section 6 False Reporting
Any person who willfully, in writing or orally, or by
use of any telephone, telegram, radio or mechanical device
or contrivance whatsoever, or by any name known, shall make,
give send a report, or communicate any false call or request
for service of any ambulance or communicate any false report
or falsely report any act or fact situation initially and
voluntarily to the Fire Department or to any person operating
an ambulance service in College Station for the purpose of
causing, or which report or false call or request for ser-
vices is calculated to cause an ambulance to respond thereto,
or to do or perform some act or to do or render some service
as a result thereof, shall be guilty of an offense. The
offense denounced herein is basically the offense of giving
or causing to be given by any means a false emergency ambulance
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Ordinance No. 1200 Page 7
ambulance service alarm or false ambulance service request,
and nothing herein shall be construed as including a pro-
hibition against the offense of telephone harrassment already
prohibited by Article 476 of the Penal Code of the State of
Texas, as amended by Acts 1965, 59th Legislature, p. 1254,
Ch. 575.
Section 7 Ambulance Service Fee
In its discretion, the City Council may, from time to
time, establish a standard charge or charges to be collected
for the providing of emergency ambulance service by the Fire
Department of the city, in order to partially defray the cost
to the city of performing such function. The Fire Department
shall maintain a record of each case of emergency ambulance
assistance rendered to each sick or injured person and shall
send a copy of such record, with all necessary data for the
billing thereof, to the Finance Office, who shall bill the
person served for the same in accordance with such standards
established by City Council. Nothing herein shall authorize
the Fire Department, under any circumstances, to refuse
emergency ambulance assistance to any person upon the grounds
that such person is indigent and unable to pay for such service.
Section 8 Ambulance Advisory Committee
An Ambulance Advisory Committee is hereby created to consist
of the following: the City Manager or his representative, the
Fire Chief and the EMS director. The council shall also appoint
a representative from the Brazos County Medical Society, Bryan
Hospital and St. Joseph Hospital. Two citizens and a council
liaison shall also be appointed to serve. It shall be the duty
of such Committee to submit to the Council from time to time
its recommendations as to new specifications for emergency
ambulances and its recommendations as to revisions of this
ordinance. It shall be the further duty of such committee to
meet at least two (2) times per year.
Section 9
Nothing herein shall prohibit any person owning an
ambulance duly licensed and operated in accordance with
Article 459Ob, V.T.C.S., from operating such ambulance on
the public streets for the purpose of furnishing ambulance
service only. The driver of any such ambulance shall comply
with all of the traffic laws of the State of Texas and
ordinances of the City of College Station in furnishing such
ambulance service. The operator thereof shall not permit such
ambulance to be used for emergency ambulance service unless
all requirements of this ordinance regarding emergency am-
bulance service have been complied with, and an emergency
ambulance or ambulance permit has been obtained from the city.
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Ordinance No. 1200
Page 8
Section 10
The books and records of any permit holder shall be open
at any reasonable time for inspection by the City Council or
any duly authorized representative.
Section 11
All ordinances, orders or policies in conflict with this
ordinance, or inconsistent with the provisions of this ordinance,
specifically but not limited to Ordinance Numbers 901 and 961
are hereby repealed to the extent necessary to give this
ordinance full force and effect.
Section 12
The sections, paragraphs, sentences, clauses, and phrases
of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be
declared unconstitutional by the valid judgement or decree of
any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses,
sentences, paragraphs, and sections of this ordinance.
Section 13
The violation of any provision of this ordinance shall
be deemed a misdeameanor and upon conviction, punishable by
a fine not exceeding two hundred dollars ($200.00) and each
violation of this ordinance shall be and is hereby deemed to
be a distinct and separate offense and punishable as such.
Section 14
This ordinance shall take effect ten (10) days after its
publication.
PASSED AND APPROVED THIS 13th day of December , 1979.
A PROVED
C�GZ�N4 C-
Mayor
ATTES
City Secretary