Loading...
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 OSJL 73 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. I 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. 0 *Srs 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 U31 ft) 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 of" 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. 031749 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