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HomeMy WebLinkAbout1974-0901 - Ordinance - 02/18/1974ORDINANCE NO. 901 AN ORDINANCE REGULATING AMBULANCE SERVICE IN THE CITY OF COLLEGE STATION; PROVIDING DEFINITIONS; PROVIDING FOR ISSUANCE OF PERMIT; PROVIDING FOR THE CONTENTS OF APPLICATION FOR FRANCHISE; PROVIDING FOR A HEARING BEFORE THE CITY COUNCIL; PROVIDING FOR THE PAYMENT OF TAXES; PROVIDING FOR LIABILITY INSURANCE; PROVIDING FOR INSPECTION OF BOOKS AND RECORDS; PROVIDING FOR A RATE SCHEDULE; MAKING IT UNLAW- FUL TO FALSIFY AN AMBULANCE SUMMONS; MAKING IT UNLAWFUL TO FAIL TO PAY AMBULANCE FEE; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY OF COLLEGE STATION, TEXAS: SECTION 1. DEFINITIONS The following words and phrases shall have the meanings respec- tively ascribed to them by this section: a. Ambulance. Every motor vehicle used, designed or redesigndd for the transportation of sick or injured persons under emergency conditions. b. Ambulance Operator. The person holding an ambulance and transfer vehicle franchise under this chapter. C. Emergency Ambulance. An ambulance used, designed or re- designed for the purpose of transporting the sick or injured, the rendering of first aid or the performance of rescue work, while the vehicle is being operated under emergency circumstances. d. Emergency Circumstances.- The existence of circumstances in which the element of time in transporting the sick or injured for medical treatment is essential to the health or life of such person. e. Emergency Service. The emergency ambulance trip to the place of emergency, the rendering of reasonable first aid and assis- tance and the trip to the hospital or doctor's office. f. Transfer Service. The transfer vehicle trip to the place of pick-up, of sick or injured persons, the rendering of reasonable first aid and assistance, if required, and the trip to the hospital, doctor's office or other places not under emergency conditions and the transportation of dead bodies under emergency conditions. g. Transfer Vehicle. Every motor vehicle used, designed or redesigned for the transportation of sick or injured persons under conditions other than emergency conditions. SECTION 2. PERMIT - REQUIRED No person, firm, or corporation shall engage in furnishing ambulance or transfer service by operating or driving or causing to � 0�419 ORDINANCE NO. 901 Page 2 be operated or driven an ambulance or transfer vehicle upon the public streets of the City of College Station, without first having obtained a permit in accordance with the terms and pro- visions of this ordinance. SECTION 3. PERMIT - APPLICATION Application for an ambulance and transfer vehicle permit shall be filed with the City Secretary. The applicant shall furnish the following information with said application: a. That the applicant has not been convicted of a felony nor a crime involving moral turpitude within the last five (5) years. b. The number of ambulance and transfer vehicles which the applicant proposes to operate and the make and model of each vehicle. C. That the applicant will furnish both emergency and transfer service and will have obtained the necessary permits and have the vehicles for both services equipped as provided in Article 4590 (b) V.A.T.S. d. A statement that every ambulance when in service shall be accompanied by at least one person who has acquired theoretical or practical knowledge in first aid as certified by the American Red Cross, evidenced by a certificate issued to such person by the State Board of Health. e. A statement that the applicant has obtained or will obtain liability insurance in accordance with the requirements provided in this ordinance before commencing service. f. The applicant shall deposit the sum of fifty dollars ($50.00) with the City Secretary as payment for the processing of such application. g. The applicant shall set out the place where he proposes to operate an ambulance service in the event a permit is granted. SECTION 4. PERMIT - HEARING a. The City Council shall hold a public hearing on the application for a permit under this ordinance. b. The applicant therefor shall not be granted an ambulance and transfer service permit unless the City Council finds and determines that the public convenience and necessity will be served by the issuance thereof. At such hearing, the burden of proof shall be upon the applicant to establish by clear and convincing evidence that the public convenience and necessity will be served by the granting of the ambulance and transfer w' permit. K 7i ORDINANCE NO. 901 Page 3 SECTION 5. PERMIT - PAYMENT OF TAXES 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. SECTION 6. LIABILITY INSURANCE REQUIRED No ambulance or transfer vehicle shall be operated on the public streets of the city, unless the applicant provides evidence to the City Secretary that he has in full force and effect a public liability insurance policy on each ambulance or transfer vehicle, such insurance policy to be issued by an insurance company licensed to do business in this state. Such insurance 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. SECTION 7. INSPECTION OF BOOKS AND RECORDS 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 8. SCHEDULE OF RATES At the time of the hearing on the permit application, the applicant shall furnish the City Council a schedule of rates for ambulance or transfer service, to be instituted if the permit is granted. Said schedule may not be amended or altered except with approval of the City Council. SECTION 9. FALSE REPORTING It shall be unlawful for any person to willfully inform the police dispatcher or any other dispatcher that more than one ambulance is needed or required at any location or address when such person knows that such fact is false, or for any person to willfully inform the police dispatcher or the owner, operator, or employee of an ambulance service that it is necessary for an ambulance to make an emergency run to any location in the city when such person knows that such fact is false. SECTION 10. FAILURE TO PAY AMBULANCE FEE It shall be unlawful for any person to willfully refuse or fail to pay any ambulance fee as provided in Section 8 of this ordinance. SECTION 11. EXCEPTIONS The provisions of this ordinance shall not apply to any ambulance 0�421, ORDINANCE NO. 901 Page 4 service or ambulance operator which is owned by the United States Government or any agency thereof; State of Texas or any political subdivision thereof; nor shall the same apply to any private ambulance operator permanently based or stationed in another city and licensed by any city in the State of Texas. SECTION 12. SEVERABILITY CLAUSE 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 judgment 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. PENALTY CLAUSE The violation of any provision of this ordinance shall be deemed a misdemeanor and upon conviction, punishable by a fine not exceeding two hundred dollars ($200.00) and each violation thereof and each day there is a failure to comply with the terms of this ordinance shall be and is hereby deemed to be a distinct and separate offense and punishable as such. SECTION 14. EFFECTIVE DATE Pursuant to Section 35 of the City of College Station, Texas Charter, this ordinance shall take effect upon March 1, 1974. PASSED AND APPROVED this 18th day of February, 1974. ATTEST Secretary JanYes H. TO FORM: er, City Attorney APPROVED Mayor '�U� O2422