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HomeMy WebLinkAboutORD NO 1391 ORDINANCE NO. '1391 NEW SERIES AN ORDINANCE ADDING CHAPTER ? .62 TO THE MUNICIPAL CODE OF THE CITY OF BAKERSFIELD REGULATING THE USE AND OPERATION OF AMBULANCES. BE IT ORDAINED by the Council of the City of Bakersfield as fo llows: Section 7 o62o010 Definitions. (a) AMBULANCE means any motor vehicle used to transport~ move or convey a sick or injured person. (b) AMBULANCE BUSINESS means the business of ownin§, operatin§, managing or maintaining as principal or agent any ambulance as herein defined. .: (c) OPERATION WITHIN THE CITY OF BAKERSFIELD means the receiving, picking up or embarking within the City of Bakersfield of a sick or in_~ured person for transportation or conveyance to any point within or without the City of Bakersfield° (d) AMBULANCE SERVICE CHARGES means any charge, fare or other consideration for ambulance service. (e) PERSON means individuals, partnerships, firms, corporations and associations of every kind~ and their agents, servants or employees. (f) CERTIFICATE HOLDER is any person to whom a certificate of public convenience and necessity has been issued under the provisions of this ordinance and which certificate has not been revoked. Section 7.62.020 Certificate of Public Convenience and Necessity Required. No person shall engage in the ambulance business without first obtaining a certificate of public convenience and necessity as hereinafter provided from the City Manager or the City Council and this certificate shall be in addition to any business license required by ~hapter 6.20 of the Municipal Code of the City of Bakersfield° Section 7.62°030 ADplication for Certificate. Any person desitin§ to obtain a certificate of public convenience and necessity shall make application therefor upon forms available from the office of the City Mana§er. Each application shall be accompanied by a policy of insurance in the amount provided for by this Chapter. The appli- cation shall include the followinE information: (a) The name of the applicant and trade name, if any, under which he intends to conduct his 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, together with the name of the manufacturer, engine and serial numbers, State motor vehicle license number, and the number of the Emergency Vehicle Permit issued by the California Highway Patrol. (c) The address and a desc~iption of the premises at and from which it is proposed to maintain and operate such ambulances. (d) The applicant shall furnish any and all additional information as the City Manager m.y in his discretion require. (e) An application fee of $10.00 shall be submitted with each application. The application fee shall be in addition to any business license fee which the applicant shall be required to pay. Section 7.62.040 (a) It shall be the duty of the Chief of Police to cause an investigation to be made of the moral character of the applicant and his financial responsibility. The Chief of Police shall also determine if the motor vehicles described in the application are fit and suitable for use as ambulances. (b) It shall be the duty of the Health Officer to cause an investigation to be made of the premises and the motor vehicles described in the application for the purpose of determining the fitness and suitability of such premises and motor vehicles for the ambulance business. The Health Officer shall also determine whether applicant has complied with the laws of the State of California and the ordi- nances of the City of Bakersfield, relating to health, safety, and s ani tation. Section ?.62.050 Public Hearin~ Before City Managero Upon the filing of an application the City Manager shall fix a time and place for public hearing thereon. Ten days written notice of said hearing shall be given to the applicant by registered mail and to all persons to whom certificates of public convenience and necessity have previously been issued. Notice shall be given to the general public by posting the time and place of said hearing in the City Hall of the City of Bakersfield. Any interested person may file with the City Manager a memorandum in support of or in opposition to the issuance of a certificate. Section ?.62°060 Issuance of Certificate. The City Manager shall not issue a permit hereunder unless he finds: (a) That the applicant is financially responsible. (b) That the applicant is of good moral character or that the officers of applicant are of good moral character. (c) That the applicant has satisfied the requirements of this chapter and has complied with all laws of the State of California and ordinances of the City of Bakersfield applicable to the proposed business operation. (d) That insurance policies as required by this ordinance have been procured. (e) That each private ambulance described in the application is adequate and safe for the purposes for which it is to be used. is not more than five (5) years old and that it is equipped as required by this chapter and the laws of the State of California. (~ That the public convenience and necessity require the operation of such private ambulance business within the limits of the City of Bakersfield. Section ?.62.0?0 Notice of Decision. The City Manager shall give the applicant written notice of his decision to grant or deny a certificate of public necessity and convenience and shall state the reasons for his decision. Section 7.62.080 Certificate of Public Convenience and Necessity not Transferrable. No certificate of public convenience and necessity granted pursuant to this chapter shall be transferrable. Section ?.62.090 Every person operating an ambulance business prior to the effective date of this ordinance shall be presumed, in the absence of any contrary evidence and finding of the City Manager. to have provided prima facie evidence of public convenience and necessity~ and the City Manager. upon application received not later than fifteen (15) days after the effective date of this ordinance~ shall grant a certificate of public convenience and necessity. Section ?.62.100 Suspension and Revocation of Certificate. A certificate of public convenience and necessity may be revoked by the City Manager upon the following grounds: (a) The Certificate holder knowingly and after written notice from the City Manager fails to operate his business in accordance with the provisions of this ordinance and any and all state and federal laws applicable to the ambulance business. (b) The Certificate holder has co,....i tted acts or carried on a course of conduct which the City Manager finds, after hearing, establishes a lack of good moral character. (c) The Certificate holder shall abandon its operation of the ambulance business for a period of thirty (30) 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. 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 (10) days notice of the hearing by registered mail. Section 7.62. 110 Required Equipment. No certificate of convenience and necessity shall be issued unless the Chief of Police or his designated officer or agent has determined upon personal inspection that the following equipment is contained in each ambulance proposed to be operated: (a) Emergency red lights mounted in front and siren as authorized and required for emergency vehicles by the California Vehicle Code, and each ambulance shall have passed inspection by the Department of Motor Vehicles of the State of California and there shall be exhibited in each ~mbulance a permit for such use duly issued by the Commissioner of the California Highway Patrol. (b) Resuscitator unit with aspirator and inhalator, including airways and adult and child size masks; one (1) resuscitube. (c) Two (2) blankets for main stretcher and one (1) for each collapsible stretcher. (d) Emesis basin. (e) Heaters, front and rear. Fire extinguisher, CO-2 Type. (g) Flashlight and flares. (h) First aid kit - approved by Health officer. (i) Restraints. Splints - two (2) 'leg ~plints; one (1) small arm splint. (k) Not less than ~wo (2) pillows. (1) Stretchers - one (1) main stretcher and at least two (2) collapsible stretchers with accessories, or as many as the ambulance is equipped for; each stretcher equ.ipped wi~h safety belts. (m) Six (6) complete sets' of linen. (n) A sufficient supply of oxygen masks, nasal inhalators and regulators, for the administration of oxygen at the minimum rate of eight (8) liters per minute for a period of at least forty-five (45) minutes, for at least two (2) patients. (o) Adequate jacks and wheel wrenches; and (p) One (1) spare tire. Section ?.62. 120 Operatin~ Without Required Equipment Prohibited.' No person shall operate or permit to be operated any ambulance lacking any of the equipment required by Section ?.62. 110. Section 7.62.130 Liability Insurance. No certificate of 'public convenience and necessity shall be issued unless there is on file with the City an insurance policy approved by the City Manager, whereby the owner and the driver of each of the vehicles described in said certificate are insured against liability for damage to property and for injury to or death of any person resulting from the ownership, operation or other use thereof· Said policy shall be in a sum of not less than One Hundred Thousand Dollars ($100,000.00) for personal injury to or death of any one person in any single accident and Three Hundred Thousand Dollars ($300,000.00) on account of personal injuries to or death of two or more persons in any one accident, and the lim~ ts on each such vehicle shall not be less than Twenty-five Thousand Dollars ($25,000.00) for damage to or destruction of property in any one accident. The insurance policy shall contain an endorsement providing that said policy of insurance will not be cancelled until notice in writing shall have been given to the City of Bakersfield, addressed to the City Manager, City Hall, Bakersfield, California, at least thirty (3]0) days prior to the time such cancellation shall become effective. The insurance policy must be issued by a solvent and responsible company authorized to do business in the State of California. Said policy shall further provide that there shall be a continuing liability thereon, notwithstanding any recovery on said policy. If, at any time, said insurance policy shall be cancelled by the company issuing the same, or the authority of said company to do business i~ the State of California shall be revoked, the Certificate holder shall replace said policy with another policy approved by the City Manager. Section 7.62.140 Permits Required for Drivers and Attendants· (a) It shall be unlawful for any person to drive, to operate or to serve as an attendant to an ambulance, without first obtaining a written permit from the Chief of Police, or his authorized repre- sentative. Each driver or attendant issued a permit shall upon demand of a police officer or passenger exhibit his permit for inspection. Applicants for such permits shall file applications with the Chief of Police. Said applications shall conta'in such information as the Chief of Police may in his discretion require. (b) Standards for Issuance. No permit shall be issued to any of the following persons: (1) Any person under the age of 21 years. (2) Any person who has been convicted of reckless driving, driving while under the influence of intoxicating liquor or under the combined influence of intoxicating liquor and any drug. (3) Any person not possessing a valid chauffeur's license issued by the State of California. (4) Any person who has been convicted of a felony. (5) Any person not possessing adequate knowledge of First Aid. (c) Revocation of Permit. The Chief of Police may revoke a driver's or attendant's permit if the permittee has since the granting of his permit: (1) Been convicted of a felony or been convicted of reckless driving, driving while under the influence of intoxicating liquor or the combined influence of intoxicating liquor and any drug. (2) Had his California Operator's or Chauffeur's license revoked or suspended or has been placed on probation by the Department of Motor Vehicles as a negligent driver. (3) Violated any provisions of this ordinance. Section 7.62.150 First Aid Training Requirements for Drivers and Attendants. All persons holding permits shall take first aid training courses as prescribed by the Chief of Police. Failure to attend said co.urses shall be grounds for revocation of the permit required by this chapter. Section 7.62·160 P. eplacement of Vehicle. Whenever a Certificate holder replaces a vehicle, he shall file vr~th the City Hanager a description of the vehicle to be abandoned and a description of the vehicle to be placed in use. The Certificate holder shall also comply with this section adding more vehicles to his operation. Section 7.62.170 [tight of Appeal to the City Council. All suspensions, revocations, refusals or denials of certificates of public convenience and necessity and of ambulance driver's and attendant's permits shall be subject to review by the City Council. For this purpose any person aggrieved by a decision of the City Manager or the Chief of Police may apply to the City Council for a hearing vd_thin fifteen (15) days after receipt of not±ce of such decision. The application for review must be in writing and shall be filed with the City Clerk. The applicant shall be given five (5) days prior notice by registered mail of the time and place set for said hearing. Section 7·62.180 Penalty. Any person, firm or corporation who violates any provision of this chapter is guilty of a misdemeanor, and upon conv~ction thereof shall be punishable by a fine of not more than Three Hundred Dollars ($300.00) or by imprisonment for not to exceed six (6) months. Section 7.62.190 Severability. If any section, sub-section, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this chapter. The City Council hereby declares that it would have passed this chapter and each section and sub-section thereof irrespective of the fact that any one or more of the sections, sub-sections, sentences, clauses or phrases be declared unconstitutional or invalid. o0o 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 the 13th day of November, 1961, by the following vote: iqOE~. ...... A BSENT~.._.._.~.,.~,~ Council of the City of Bakersfield. APPROVED this. 13th day of November, 1961. MAYOR of the City of Bakersfield. eI Affray! of Iost g (Or an es STATE OF CALIFORNIA, ~ County of Kern~ ss. MARIAN S. IRVIN, 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 ......... ~.~..h.~.e.~.]:~.4..t.~.h.~.d.~.a.Z~.~..f.~..N..~.~.v.~..~..~.b..e.~.r.J ................. ,19..6-..]=.. she posted on the Bulletin Board at the City Hall, a full, true and correct.copy of an ordinance passed by the Council of said City at a meeting thereof duly held on .............t...h...e.....1..3..~..h..._d_a.y.....o..f......N..o...v....e~....b..e...r.j., 19_6..1._, which ordinance was numbered .............. .1...3..9...]:.. ........... New Series, and entitled: AN O1U)INANCE ADDING CHAPTER 7.62 TO THE MUNICIPAL CODE OF THE CITY OF BAICgRSFIkW.n REGULATING THE USE AND OPERATION OF AMBULANCES Subscribed ~nd sworn to before me this · .. ..]...4.._t...h....day of ...... ,l~'.O._v..~.b,~.r.. .................. ,19..6.1... ,~, ~:,~.~--~:,'_...~., ._: '"' ..................... '27, ..... ,."'." .~.".......,~y ~ ~.~.::. ,~. ,. ,.' ~.- , . ./ ~. · .?._.. ~.'"... - .. ~.-e~