HomeMy WebLinkAboutORD NO 3638ORDIN C . NO. $ 6 8
AN ORDINANCE AMENDING SUBSECTIONS C
AND F OF SECTION 5.10.010, SECTIONS
5.10.020, 5.10.030, 5.10.060,
5.10.070t 5.10.100, 5.10.110t
5.10.120~ 5.10.140v AND 5.10.150;
AND ADDING SECTION 5.10.125 AND
REPEALING SECTIONS 5.10.040 AND
5.10.080 OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO AMBULANCES.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Subsections C and F of Section 5.10.010 of the Bakers-
field Municipal Code are hereby amended to read as follows:
5.10.010 Definitions.
C. "Ambulance service charges" means any charge, fare
or other consideration for ambulance service, as set forth in
Section 5.10.120.
F. "E.M.S. director" means and refers to the public
official in charge of emergency medical services for the County of
Kern, State of California, or his duly authorized representative.
SECTION 2.
Section 5.10.020 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.10.020 Certificate of Dublic convenience and necessitv -
Required Exceptions.
A. Except as provided in subsection B of this section,
no person shall engage in the ambulance business without first
obtaining a certificate of public convenience and necessity from
the city as provided in this chapter. This certificate shall be in
addition to any business license required by Chapter 5.02 of this
code.
B. A provider without a certificate of public
convenience and necessity may provide ambulance service within the
city under the following circumstances:
1. Upon request by the city manager or his
designee.
2. Upon request of a certificate holder and upon
approval of the city manager or his designee, when no certificate
holder has an ambulance or level of service immediately available
within the city, and when ambulance service is immediately
required.
3. To provide medically required specialized
transportation services not immediately available for a patient
within the city, if such specialized services have heretofore been
approved by the E.M.S. director, and if authorized by the city
manager or his designee.
SECTION
Section 5.10.030 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.10.030 Certificate of public convenience and necessity -
Required.
Any person desiring to obtain a certificate of public
convenience and necessity shall make application therefor upon
forms available from the office of the city manager. Each
application shall be accompanied by a policy of insurance in the
amount provided for by this chapter. The application shall include
the following information:
A. The name of the applicant and trade name, if any,
under which he or she intends to conduct the business; or if a
corporation, its name, date and place of incorporation, address of
its principal place of business, and the names of its principal
officers, together with their respective residence addresses; or if
a partnership, association or unincorporated company, the names of
the partners, or of the persons comprising such association or
company, and the business and residence address of each partner or
person;
B. A description of each ambulance or other vehicle
used or proposed to be used by the applicant;
C. The address and a description of the premises at
which the applicant proposes to maintain and operate such
ambulances.
D. The applicant shall furnish any and all additional
information as the city manager may, in his discretion, require.
E. The applicant shall pay a fee not to exceed the cost
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of processing any such application and inspecting such business as
set forth in section 3.70.040.
SECTION 4.
Section 5.10.060 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.10.060 Certificate of public convenience and necessity -
Issuance.
A. The city manager shall consult with the chief of
police and the E.M.S. director to determine the ability of the
applicant to conduct the business in accordance with laws of Kern
County, the state and city ordinance.
B. The city manager shall not issue a permit pursuant
to this chapter unless he finds as follows:
1. That the application is complete and truthful;
2. The applicant is financially responsible;
3. The applicant will conduct said project in an
orderly, proper and lawful manner;
4. The applicant has not had a permit, issued in
the past three years under this chapter, revoked, unless the city
manager finds that the reasons for such revocation are unrelated to
this application;
5. Neither the applicant nor any listed partner,
manager or principal of the business has been convicted of a crime
substantially related to the qualifications, functions or duties of
the business for which application is made, unless he has obtained
a certificate of rehabilitation;
6. That neither the applicant nor any manager of
the business has done any act involving dishonesty, fraud or deceit
with the intent to substantially benefit himself or another, or
substantially injure another;
7. The applicant is adequately insured, as
required by this chapter;
8. The applicant has satisfied the requirements of
this chapter and has complied with all laws of the state and
ordinances of the city applicable to the proposed business
operation;
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9. Each ambulance described in the application
will be adequate and safe for the purposes for which it is to be
used, is not more than five years old and it will be equipped as
required by this chapter and the laws of the state;
10. The public convenience and necessity require
the operation of such private ambulance business within the limits
of the city; and
11. That the applicant has a valid operational
permit issued by Kern County.
SECTION 5.
Section 5.10.070 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.10.070 Certificate of public convenience and necessity - Notice
of decision by city manager.
The city manager shall give the applicant written notice
of his decision to grant or deny a certificate of public necessity
and convenience within ten days of the hearing and shall state the
reasons for his decision.
SECTION 6.
Section 5.10.100 of the Bakersfield Municipal Code is hereby
amended to read as follows:
5.10.100 Certificate of Dublic convenience and necessity -
SusDenslon and revocation.
Any certificate issued pursuant to this chapter may be
revoked by the city manager whenever he finds:
A. That misrepresentations were made on the
application; or
B. That the applicant has been convicted of a crime
substantially related to the qualifications, functions or duties of
the ambulance business, unless he has obtained a certificate of
rehabilitation; or
C. That the applicant has done any act involving
dishonesty, fraud or deceit with the intent to substantially
benefit himself or another, or substantially injure another; or
D. That any of the terms or conditions of said
certificate have been violated, or that the business has been
operated in violation of local, state or federal law; or
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E. The certificate holder has abandoned its operation
of the ambulance business for a period of thirty days; acts of God,
labor disputes and other acts beyond the control of the certificate
holder which cause abandonment or limitation of service shall not
be considered an abandonment within the meaning of this section; or
F. No suspension or revocation shall be made effective
until a hearing has been held by the city manager. The certificate
holder shall have not less than ten days' notice of the hearing by
certified mail.
SECTION 7.
Section 5.10.030 of the Bakersfield Municipal Code is hereby
amended to read as follows:
5.10.110 Compliance with state law required.
No certificate of public convenience or necessity shall
be issued until satisfactory proof of compliance with laws of Kern
County, except as to ambulance rates, and the state in respect to
ambulance operations is furnished to the city manager.
SECTION 8.
Section 5.10.120 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.10.120 Ambulance service charaes.
A. Charges for ambulance services shall be set by the
following procedure:
1. Any certificate holder may file an application
to alter the current rate schedule with the city prior to January
1 of the year it wishes the schedule to take effect. Such
application shall be filed with the City Clerk, accompanied by a
proposed schedule of charges, and a fee not to exceed the cost of
processing any such application and reviewing such rates as set
forth in Section 3.70.040.
2. The city council must review charges at a
noticed public hearing within sixty days of January 1 of the year
in which the rates are proposed to change. The proposed charges
shall be published as set forth in section 6062a of the Government
Code.
3. At the public hearing, the council may
increase, decrease, accept or alter in any other way the charges as
submitted. The charges, as increased, decreased, accepted or
altered by the city council, shall take effect on April 1 following
the public hearing.
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SECTION 9.
Section 5.10.140 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.10.140 Replacement of vehicle.
Annually, each certificate holder shall file with the
city manager a description of the vehicle abandoned and a
description of the vehicle placed in use.
SECTION 10.
Section 5.10.150 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.10.150 ADDeals.
A. Should any applicant be dissatisfied with the
decision of the city manager or his designee not to grant a
certificate or for the revocation of a permit, then said applicant
may, no later than ten days after notice of such decision is
deposited in the United States mail, addressed to the applicant or
permittee at the address provided on the application, make written
objection to the city council setting forth the grounds for
dissatisfaction, whereupon the council shall hear said objections
at a regular meeting no later than three weeks following the filing
of the objection with the city clerk. The applicant shall be given
written notice no less than three days prior to said hearing. The
council may, upon said hearing, sustain, suspend or overrule the
decision of the city manager, which decision shall be final and
conclusive.
B. Pending the hearing before the council, the decision
of the city manager shall remain in full force and effect and any
reversal thereof by the city council shall not be retroactive but
shall take effect as of the date of the council's decision.
SECTION 11.
Section 5.10.125 is hereby added to the Bakersfield
Municipal Code to read as follows:
5.10.125 Level of service.
All permit holders in the City of Bakersfield shall
respond to all calls for ambulance service with paramedic-staffed
and equipped ambulances (Advanced Life Support "ALS" service)
within the City of Bakersfield.
SECTION 12.
Section 5.10.040 entitled "Certificate of Public
Convenience and Necessity-Investigation of Applicant" and Section
5.10.080 entitled "Certificate of Public Convenience and Necessity-
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Existing Businesses-Presumption of Public Convenience and Neces-
sity" of the Bakersfield Municipal Code relating to Ambulances are
hereby repealed.
SECTION 13.
This Ordinance shall be posted in accordance with
provisions of the Bakersfield Municipal Code and shall become
effective thirty (30) days from and after the date of its passage.
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OR~G;NAL
I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the city of Bakersfield at a regular
meeting thereof held on A~R 0 5~5 , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDF~OTT, ROWLES, CHOW, SALVAGGIO
ABSTAIN: COUNCILMEMBER
ABS~T: COuNc~m~m~a ~3
Assistant CITY CLERK and Ex Of rk of the
Council of the City of Bakersfield
APPROVED
APR 0 5 1995
Vice-Mayor
APPROVED as to form:
JUDY K. SKOUSEN
City Attorney
By:
Assistant city Attorney
JWS: rg
~:~mb.ord
March 10, 1995
OR)GiNAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern )
CAROL WILLIAMS, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of
the City of Bakersfield; and that on the 7th day of April, 1995 she
posted on the Bulletin Board at City Hall, a full, true and correct
copy of the following: Ordinance No. 3638, passed by the
Bakersfield City Council at a meeting held on the 5th day of April,
1995, and entitled:
AN ORDINANCE AMENDING SUBSECTIONS C AND F OF
SECTION 5.10.010, SECTIONS 5.10.020, 5.10.030,
5.10.060, 5.10.070, 5.10.100, 5.10.110,
5.10.120, 5.10.140 and 5.10.150; AND ADDING
SECTION 5.10.125 AND REPEALING SECTION
5.10.040 AND 5.10.080 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO AMBULANCES
By:
/s/ CAROL WILLIAMS
City Clerk of the C~ty of Bakersfield
UTY Cit~ Cle~