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HomeMy WebLinkAbout1997-2249 - Ordinance - 07/24/1997ORDINANCE NO. 2249 AN ORDINANCE AMENDING CHAPTER 4, SECTION 7 CODE OF ORDINANCES OF THE CITY OF COLLEGE SEVERABILrrY CLAUSE; AND DECLARING A PENALTY. "AMBULANCES", OF THE STATION; PROVIDING A NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: That Chapter 4, Section 7, of the Code of Ordinances of the City of College Station, is hereby repealed and amended to read as follows: "SECTION 7: AMBULANCES A. DEFINmONS For the {1) (2) purpose of this section, certain words and phrases are defined as follows: Ambulance means a motor vehicle used, designed or redesigned, and equipped for the primary purpose of rendering emergency medical care and/or the transportation of sick or injured persons and approved as such by the Texas Department of Health. Automatic Aid is the automatic response of providers for emergency ambulance service other than the College Station Fire Ikpamnont as set forth in Automatic Aid Agreements between the College Station Fire Department and that provider. (3) Direct Call means a request for ambulance service made by telephone or other means directly to an ambulance operator, his agents, or employees. (4) Dispatch is the College Station Fire and Police Dispatch (5) Emergency Ambulance means an ambulance used, designed or redesigned, and equipped for thc primary purpose of transporting sick or injured persons under emergency circumstances, and thc rendering of first aid or the performance of rescue work, or both, under such circumstances. (6) Emergency Circumstance means the existence of circumstances in which the clement of time in expeditiously rendering emergency medical care and 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 emergency medical care or both at the place of emergency and/or during transportation to a hospital may be essential to the health or life of such person. (7) Emergency Ambulance Service means a trip made by aa emergency ambulance under emergency circumstances to the place of an emergency, performance of any necessary rescue operations, rendering of any necessary emergency medical care and assistance, and the trip to thc hospital or other place of medic~d attention. jc/c/ordtnan/ambulance, doc 6/24/97 Ordinance No. 2249 Page 2 Bo Co (s) (9) (10) (11) (12) (13) Emergency Response is the operation of an ambulance with visual (lights) and auditory (siren) warning devices working. This is also known as Code 3 Response. EMS Division means the Emergency Medical Service Division of the City of College Station Fire Department Mutual Aid is the request for emergency ambulance service by the College Station Fire Departmem to the provider as set forth in Mutual Aid Agreements between the College Station Fire Department and that provider. Non-emergency Ambulance Service means a trip made by an ambulance to transport a sick or injured person from place to place under other than emergency circumstances. Person includes partnership, finn, association, and corporation. Provider means the person, partnership, corporation or other eofity holding a city ambulance permit and listed as a licensed provider with the Texas Department of Health GOVERNMENT FUNCTION DECLARED (1) The operation of emergency ambulances on the streets of the City of College Station for furnishing of emergency ambulance service is hereby declared to be primarily a governmental function of the City of College Station to be performed by thc College Station Fire Department in accordance with the terms of this section. PERMIT REQUIRED (1) Permit to be Secured from College Station Fire Department Any person operating an ambulance upon the streets of the City must secure a permit ~om the College Station Fire Department, which permit shall be valid for the calendar year in which issued. (2) Evidence of Liability Insurance Each applicant provider must submit evidence of financial responsibility as set forth in Texas Civil Statures, Article 6675a-2a. If using standard liability coverage, a certificate of insurance must be submitted. The evidence of financial responsibility and/or standard liability coverage will be reviewed by the City of College Station Risk Management Office on behalf of the College Station Fire Department. Auto liability shall be at least $500,000 combined single limit. Professional liability shall be at least $1,000,000 aggregate. (3) Personnel Requirements It shall be unlawful to operate or drive, or cause to be operated or driven, an emergency ambulance on a public street of thc City when furnishing ambulance service, unless such ambulance meets thc personnel requirements set forth in Health and Safety Code, Chapter 773, and Texas Department of Health EMS Rule {}157.11. Jc/cYordlnan/ambulanc~. doc 6/24/97 Ordinance No. 2249 Page 3 Do (4) (5) (6) Equipment Requirements 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 ambulance service, unless such ambulance meets the equipment requirements set forth in Health ami Safety Code, Chapter 773, and Texas Department of Health EMS Rules §157.1 l, §157.12, §157.13, §157.14. Vehicle Inspection Requirements 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 ambulance service, unless such ambulance meets the vehicle equipment requirements set forth in Vemon's Texas Civil Statute, Article 4509b and Texas DeparUu~t of Health EMS Rules §157.11, §157.12, §157.13, §157.14. A valid Texas Inspection Sticker and a valid Texas Department of Health certificate must be prominently displayed. Permit Fees and Terms The fee for the permit required above shall be One Hundred Dollars ($100.00) per ambulance, and all permits issued under this section shall terminate on December 31st of each year. Such permits may be renewed by paying a penuit fcc of Fifty Dollars ($50.00) and submitting proof of current Texas Department of Health license and liability requirements as provided in section 2 above. 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 previously paid. The ambulance operator shall furnish proof that (7) Medallions Issued and Displayed When an ambulance provider's permit is issued under this section, College Station Fire Department will furnish two (2) medallions for each permitted ambulance. The medallions shall be affixed to the front windshield in the center at the highest point and to the rear window of the permitted ambulance. EXCEPTIONS (1) Authorized Services It shall be unlawful for the ambulance of any provider, except the College Station Fire Department, to provide emergency ambulance service unless it is consistent with a mutual aid or automatic aid response. Under mutual aid and automatic aid, ambulances will operated on College Station Fire Department fi'equencies and through Dispatch. (2) When Immediate Attention Is Reqmred If a provider's ambulance, while operating as a non-emergency ambulance, upon responding to a direct call, finds that an emergency circumstance exists said providers ambulance will immediately contact College Station Fire and Police Dispatch and notify of jWc/ordman/ambulance, do~ 6/2 4/~ 7 Ordinance No. 2249 Page 4 the emergency. Upon arrival of a College Station Fire Depamuent ambulance, the provider's ambulance crew will release the patient to the College Station Fire Deparanent for further care and transport. (3) Maintaining Ambulances at Particular Locations (a) Any permitted ambulance is allowed to place ambulances at events (standbys) within the City. This is for the purpose of providing medical care and transport at that event if the need arises. The ambulance will notify Dispatch of the fact that a patient is being transported from that location. (b) If an ambulance is to be stationed within the City, the ambulance must be kept inside of a building. Any building or structure used by a provider to station ambulances within the City Limits of College Station must be approved through the City of College Station Building and Zoning Department. (4) Emergency Response to Hospitals Located Inside City Limits Any provider and ambulance is allowed to respond with lights and sirens to any hospital located within the City Limits of College Station if indicated by patient care needs. Such ambulance will notify dispatch of an Emergency Response within the City Limits and the route the ambulance will be taking to the hospital. DRIVING RESTRICTIONS (1) Emergency Sirens and Lights Unless otherwise specified in this ordinance, it is unlawful to operate visual warning devices (emergency lights) and/or auditory warning devices (sirens) on the streets of College Station unless operating in emergency ambulance service. (b) Code 2 response, the use of only visual or auditory warning devices but not both, is not permitted within the City Limits of College Station. (2) Speed Limits (a) It shall be unlawful to operate ambulances on the streets of the Northgate area of the City in excess of the posted speed limit for non-emergency vehicles. Nortl~te is the area bounded by and include University Drive on the south, F.M. 2154 on the west, Patficia Street on the north, and on the east by College Avenue. (~) In areas other than Northgate, it shall be unlawful while operating in emergency response to exceed a rote of more than ten (10) miles per hour over the posted speed limit. (c) It shall be unlawful to operate or drive any ambulance through any intersection within the City at a speed in excess of ten (10) miles per hour. jc/c/ordman/ambulanc~.do~ 6/24/97 Ordinance No. 2249 Page 5 F. REFUSAL TO RENDER AID (1) It shall bc unlawful for thc driver or thc attendant of any ambulance to fail to render aid and assistance to thc sick or injured at thc place of emergency. It shall bc unlawful for any emergency ambulance service to refuse to transport thc sick or injured to a local hospital. The fact that the sick or injured appears to bc indigent and unable to pay the cost of such service shall not serve as an excuse from this requirement. (2) It shall be unlawful for any person, while operating or accompanying an ambulance on the streets or easements of thc City, to solicit thc business of transporting the sick or injured. G. FALSE REPORTING (1) Any person intewdonally sending and/or communicating a false report in relation to an ambulance service shall be guilty of a criminal offense. This action will be construed as an offense of telephone harassment as already prohibited by of Texas Penal Code. H. OPERATION ACCORDING TO STATE STATUTES (1) Nothing herein shall prohibit any person owning an ambulance duly licensed and operating in accordance with Vemon's Texas Civil Statutes, Article 4590B from operating such ambulance on thc public streets for thc sole purpose of furnishing non-emergency ambulance service only. The driver of any such ambulance shall comply with all 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 section regarding emergency ambulance service have been complied with, and an ambulance permit has been obtained from thc College Station Fire Department. BOOKS AND RECORD TO BE OPEN (1) The books and record of any permit holder shall be open at a reasonable time for inspection by thc City Council or any duly authorized representative." II. That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. III. That any person, finn, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its publication in the newspaper, as provided by Section 35 of the Charter of the City of College Station. jc/c/ordinan/ambulance, doc 6/24/97 Ordinance No. 2249 Page 6 PASSED, ADOPTED and APPROVED this the 24th day of Suly, 1997 ATTEST: CONNIE HOOKS, City Secretary APPROVED: E. Mayor Pro Tern jc/c/ordtnan/ambulance, doc 6/24/97