HomeMy WebLinkAbout18787 ORD - 04/09/1985AN ORDINANCE
AMENDING CHAPTER 57, VEHICLES FOR HIRE, ARTICLE IV,
AMBULANCE SERVICE; DEFINING TERMS, PROVIDING PROCEDURES FOR
THE LICLN5ING AND REGULATION OF PRIVATE AMBULANCE SERVICES;
ESTABLISHING FEES, PROVIDING FOR INSURANCE REQUIREMENTS,
ESTABLISHING A PROCEDURE FOR ENFORCEMENT AND APPEALS,
PROVIDING FOR SEVERANCE, AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TE7RS•
SECTION 1. That the following indicated subsections of Section
57-170, Definitions are hereby amended to read as follows; all other provisions
of saidsectio- retained:
(a) Ambulance means any motor vehicle that is specially
design strutted, and equipped and is intended to be
used
transportation of for and
ain ained or operated, for hire, for the
us
(b) Ambulance Service mens providing and making available
to the public or to any person a motor vehicle or any
personnel required by this Article for transportation of an
individual who 1s sick, injured, or
incapacitated, whether
in emergency circumstances o atransfer operation, and
shall include stabilizing or emergency medical services
rendered to any such individual by ambulance personnel.
(c) Attendantmeans
a trained, qualified individual
responsible for the operation of an ambulance and/or the
care of ambulance patients whether or not the attendant also
serves as driver.
SECTION 2. That Section 57-171 Operator's contracts with City, is
hereby repealed.
Subsections(a),0paregrapha(4)s lit hereby amendedp
to ,nodpasmfollaoaslication; fee,
the Texas
Department of applicant
hpursuant as been issued
to Article byermit le 4447a), Texas
Civil Statutes, for each ambulance which the applicant
proposes to operate.
SECTION 4. That Section 57-173, Operator permit application, fee,
Subsection (b), is hereby amended to read as fo lows.
(b) The application shall be accompanied by a permit fee of
ane -hundred dollars ($100) plus twenty-five dollars ($25)
18787 MICROFILMED
for each ambulance requested to be approved. Permit fees
are not refundable.
SECTION 5. That Section 57-174 0Dp rotor permit -determination of
suitability of vehr cle antl required equipment, Subsectl on (5 }, is hereby amended
to read as follows
(5) That it is equipped with a properly functioning two-way
radio that is operated on frequencies approved for ambulance
use and capable of providing direct radio communication with
hospital emergency rooms and trauma centers within the city,
the Corpus Christi fire department, the public ambulance
service, and the central emergency dispatching system
5ECTI01 6. That Section 57-170 Operator permit -issuance, denial, is
hereby amended to read as follows:
(a) Upon receipt of an application for an operator permit,
the permit officer shall cause
such investigation as he
c
deems necessary to be madeof the applicant and of the
proposed operation and shall make a determination whether
the applicant and the proposed ambulance service comply with
the provisions of this Article, all rules and regulations
promulgated hereunder and all applicable State regulations.
If it is determined that the applicant is in compliance with
all such requirements the permit officer shall, within
twenty-one (21) calendar days of the date of such
application, issue to the applicant an
ambulance operator
n
permit. If applicant does notcomply with such
requirements or if any of the applicant's ambulances do not
et the required standards, the permit officer shall notify
the applicant, by certified mail, within twenty-one (21)
calendar days of the date of such application, of the
specific deficiencies and shall allow the applicant thirty
(30) days from the recelpt thereoftoprove to the
satisfaction of the permit officer that the deficiencies
have been corrected, in which event the permit shall be
issued. If such deficiencies are not corrected within said
thirty (30) days, or the applicant otherwise fails to comply
with the above stated requirements, then the permit shall be
denied and the application shall be deemed to have expired
and to be of no further effect.
(b) If a permit is Issued, the permit officer shall note an
the permit the motor number of each ambulance which has been
approved under Section 57-174 and which will be allowed to
be operated in the permtttee's ambulance service business.
The permittee may have additional ambulances approved and
noted on the permit at any time by complying with the
provisions of Section 57-174 and paying a fee of twenty-five
dollars ($25), without proration, per additional ambulance
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ver
e no
inrequested
endse toto be approved. approved mbulan ambulance
ambulance, longer
or
ownership of thuse e ambulance is transferred, a or the ambulance
becomes inoperable as an ambulance for any reexcept
for a repair period not to exceed ten (10)s days, the
permittee shall notify the permit officer within five (5)
days after such event and the permit officer shall remove
the number of that ambulance from the approved list on the
permit.
SECTION 7. That Section 57-177, Insurance, is hereby amended to read
as follows:
No ambulance operator permit shall be issued, nor shall any
such permit be valid after issuance, unless the applicant o
the holder of the permit is at all times insured by
automobile liability insurance, co vering the operation of
each ambulance, in the minimumamount of five -hundred
thousand dollars ($500,000) per person for bodily injury or
death, one -million dollars ($1,000,000) for bodily injury or
death per o and fifty -thousand dollars ($50,000)
for property cdamage, eand by ambulance professional liability
insurance, covering the care and handling of the patients by
attendants, emergency medical technicians and paramedics to
the minimum amounts of ane million dollars (01,000,000) per
person and one million dollars ($1,000,000) per occurrence.
The City shall be namedscertificate holder in all
insurance policies required by this Article and the permit
holder shall maintain on file with the permit officer a
certificate of insurance
other proof acceptable to the
permit officer that the required policies are in effect.
Each Insurance
ce policy shall require notice from the insured
or insurerto the permit officer at least thirty (30) days
prior to termination by the insured or insurer.
SECTION 8. That Section 57-178 Ambulance driver permit and/or
ambulance attendant permit- required, Is hereby amended to read as follows.
No person shall drive or u e to be operated or driven
within the city of Corpus Christi an ambulance while
furnishing ambulance service r e
transfer operation service
unless such ambulance isbeingdriven by the holder of a
ambulance driver permit or attendant permit and the driver
is accompanied by the holder of an ambulance attendant
permit.
SECTION 9. That Section 57-179, Ambulance driver permit application;
fol1owssua e; term, Subsection (a), paragraph (8) is hereby amended to read as
(8) Two (2) cent photographs of the applicant a
required, o of which shall be attached by the permit
officer to the permit.
fee; issoanEON 0 Subseto(5,8 Islheremdddemafol
wrcatnn.
(b) The application shall be accompanied by a non-
refundable penult fee of fifteen dollars ($15)
SECTION 11 That Section 57-180, Ambulance application fee.
issuance, term,qualifying time, Subsection (a), paragraph (3), is hereby
amended to read as follows:
(3) That the applicant is at least eighteen (18) years of
age.
SECTION 12. That Section 57-180 Ambulance attendant permit
application; fee; issuance, tern, qualifying time, Subsection (b), is hereby
amended to read as follows.
eundTabee pnpltcaee nofsifeenbedolalacrmp(a$ni5e)d.
0y 2 non -
SECTION 13. That Section 57-185 Suspension or revocation of permit,
is hereby amended to read as follows:
Sec. 57-185. Suspension or revocation of permit;
atlmi nistrati ve hearings.
(a) The permit officer is responsible for the regulation of
the permitting of ambulance services and transfer
operations within the city and enforcement of this
Article, all standards, rules, and regulations
promulgated hereunder and applicable State provisions
relating to the operation of ambulance services and
medical transfer operations.
(b) The permit officer is hereby authorized to suspend for
a period not longer than thirty (30) days or revoke any
permit issued under this Article, after notice and
hearing as provided herein, and based upon any of the
following grounds:
(1) Fraudulent conduct, false statements, or
on -disclosure of a material fact in procuring the
permit,
(2) Violation of any of the requirements of State 1aw
relating to ambulance services and/or medical
transfer operations;
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(3) Violation of any of the provisions of this
Article;
(4) Violation of any of the standards, rules, o
regulations promulgated under the provisions of
this Article
(c) Whenever the permit officer has reason to believe
grounds exist for the suspension or revocation of a
permit sued under this Article, he shall cause
investigation to be made and shall, prior to anysuch
suspension or revocation, hold an administrative
hearing to determine whether any suchpermit should be
suspended or evoked. Written notice of such hearing
hall be given to the permit holder not less than ten
(10) days prior to such hearing. Notice shall be
deemed sufficient upon its deposit with the United
States Postal Service; as certified mail, return
receipt requested; addressed to the last known address
of the permittee as shown in the permittee's most
recent permit application, or upon its delivery to such
last known address by an employee or representative of
the permit officer.
(d) conclusion
sh f the administrative hearing, the
permit officer as are
authorized to be issued by issuesuch
sArticler and warranted
by the facts of the particular case for the effective
administration of this Article and the protection of
the public health, safety, and welfare. Any such order
issued hereunder shall become effective not less than
ten (10) days from its date of i unless notice
of appeal to the City Coun011,
as provided for
generally in this Code, is given within ten (10) days
of the issuance of such order.
(e) No prior notice and no administrative hearing shall be
necessary under the following circumstances
(1) When the only administrative action taken is a
formal letter of reprimand;
orthifoArmat, atcton 1-19penal proisios
If, in the opinion of the Director of Public
Health, immediate action i necessary to protect
the public health, safety,or welfare from
imminent danger, such neessity shall be certified
to the City Manager prior to the imposition of any
order.
(2)
(3)
SECTION 14. That Section 57-186, Appeals to Council, 1s hereby
amended to read as follows
Sec. 57-186. Appeals to Council.
An order of the permit officer under this Article may be
appealed to the City Council within ten (10) days of the
date of Issuance of such order and as provided to this Code
for appeals generally.
SECTION 15. That Section 67-187, Dispatching service -notice required
is hereby amended to read as follows:
Sec. 57-187. Dispatching service -notice required.
All holders of ambulance operator permits who desire to have
the privilege of dispatching service by the central
dispatching unit of the public ambulance service of the City
of Corpus Christi shall notify the Director of the public
ambulance service in writing that said service is desired
SECTION 16. That Section 57-188, Dispatching service -dispatching by
departments, is hereby amended to read as follows:
Sec. 57-188. Dispatching -availability of public ambulance
Upothn ecentral of dispatcher disa tchere5t ford thepublic ambulance a eservvice
shall send the ne rest public ambulance available at the
time of the receipt of the request. If no public ambulance
is available, or if the circumstances so require for the
protection of human life or limb, the holder of an ambulance
operator permit may be offered the opportunity to respond to
the call.
SECTION 17. That Section 57-189, Dispatching service -clearance in
case of direct request, is hereby amended to read as follows.
Sec 57-189. Dispatching service -clearance in case of
direct request.
When any ambulance operator, or his agent or employee,
receives a request for emergency ambulance service from any
person other than the central dispatcher for the public
ambulance service, he shall immediately notify the central
dispatcher andrequest clearance to proceed to the scene
of
the reported emergency, the dispatcher may grant the
requested clearance unless the dispatcher has already sent
an ambulance to the scene
of the reported emergency, in
which case the ambulanceoperator receiving the direct call
shall not proceed to the scene of the emergency.
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SECTION 18. That Section 57-190, Dispatching service-arriving at
emergency scene without clearance, is hereby amended to read as 1011009
Sec 5]-190. Oispatchtng service- arriving at emergency
scene without clearance.
No ambulance operator or his agent or employee shall go to
the scene of an emergency unless clearance has been obtained
from the central dispatcher of the nubile ambulance s
except that whenever an ambulance operator or his ambulance
service personnel unexpectedly comes across the scene of an
emergency, immediate radio contact must be established with
the central dispatcher of the public ambulance service to
form the dispatcher of the location and circumstances.
The central dispatcher may then dispatch a public ambulance
to the emergency or grant clearance for the transportation
of the patient or patients by the private ambulance service
as warranted by such circumstances.
SECTION 19. That Section 57-191 Use of emergency lights or siren
without clearance, Is hereby amended to read as follows
Sec. 57-191. Use of emergency lights or siren without
clearance.
It shall be unlawful for any person to drive an ambulance
within the corporate limits of the city of Corpus Chnsti
using emergency lights gsiren thout first obtaining a
c
clea a for mergency rn without
the central dispatcher
for the public ambulance service.
SECTION 20. That Section 57-192 Refusal to render aid or transport
patient, delivery of body of deceased patient, is hereby amended to read es
follows:
Sec. 57-192. Refusal to render aid or transport patient,
deliver body of aeceasee patient
(a) It shall be unlawful for any ambulance attendant or
drover, after arrival at the scene with clearance from
the central despatcher for the public ambulance
service, to fail or refuse to render aid and assistance
to a person who ie sick, 'napped, or incapacitated at
the location of anemergency. It shall be unlawful for
any ambulance operator, his agent, or employee to
refuse to carry or transport a patient at the scene of
an emergency after having been dispatched thereto or
cleared thereto by the central dispatcher for the
public ambulancei provided, however, there
shall be n ionof this section if the sick,
Injured, or incapacitated person ora relative at the
scene affirmatively refuses to receive any aid o
assistance or refuses to be transported to a place of
treatment, provided, further, this section shall not
apply when circumstances indicate beyond reasonable
doubt that theperson desiring transportation Isnot in
need of immediate first aid or medical treatment.
(b) In case of death in the ambulance, in the absence of
contrary instructions given by the next or kin or other
responsible persons related to the deceased or by a
medical doctor, the body shall be delivered to the
Memorial Medical Center
SECTION 21. That Section 57-194 Management of emergency scene, is
hereby amended to read as follows.
Sec. 57-194 Management of emergency scene.
When an ambulance authorized to operate under this Article,
or an ambulance of the public ambulance system, is at the
scene of an emergency, the attendant shall have the
authority todetermine the priority of assisting patients
and shall supervise the treatment and handling of all
patients as directed by the s v
for public ambulances service
attendant present and under the general supervision of the
senior police or fire department employee at the scene.
Police or fire department personnel at the sc a shall have
authority to manage vehicular traffic and bystanders, and to
protect the public safety. Police or fire department
personnel at the scene may assist the ambulance personnel in
handling or rendering care to patients when requested by the
attendant and may act as attendant or driver if requested by
the attendant or if necessary to protect the life or health
of the patient.
SECTION 22 That Section 57-197, Exemptions, is hereby amended to
read as follows
Sec. 57-197. Exemptions.
Provisions of this Article which relate to permits, or which
regulate the design and construction of ambulances,
notBary emergency equipment o sanitation standards shall
apply to any of the following,provided however that all
regulations and standards for personnel, equipment and
operations shall apply at all times to holders of permits
under this Article, whether or not s ch holderseengaged
temporarily or partially in operations exempted by this
section
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(1)
Any agency of the United States government or ambulance
service provided under contract to any agency of the
United States government;
(2) Any hold
ers nce owner or ambulance operatorambulance permits the canel se assisting
de sof
major catastrophe or
e mergency when the holders of
a
penults cannot handlethe extraordinary demand for
ambulance services caused by said catastrophe or
emergency;
(3) Any ambulance ormer or ambulance personnel whose place
of business is located outside the corporate limits of
the city of Corpus Christi and who is engaged solely in
transporting patients from s e point outside the
corporate limits of the city of Corpus Christi to same
point within the city;
(4) Individuals who are employed by and/or performing their
regularly assigned duties for the Corpus Christi fire
department, the Corpus Christi police department,
Nueces County Hospital District, or the city public
ambulance service -
SECTION 23 That Section 57-198, Regulations promulgated by permit
officer, is hereby amended to read as follows:
Sec. 57-198. Regulations promulgated by permit officer.
(a) Regulations may be promulgated by the permit officer to
carry out the provisions of this Article regarding the
design and construction of ambulances, necessary
emergency equipment and supplies to be carried i
ambulances and health and sanitation in the operation
of ambulances and in the care of patients.
(b) The permit officer shall issue a notice of intention to
promulgate or mend regulations. The notice shall
contain a statement of the officer's intention to
promulgate or amend the regulations, an invitation for
written comments, the date before which the officer
must receive written comments, and the text of the
regulations or section thereof which is proposed to be
promulgated ora mended. A copy of the notice shall be
filed with theCity Secretary, and a copy will be
distributed toch holder of an ambulance operator
permit, by certified mil. The permit officer shall
allow at least ten (10) working days, from the day a
notice is mailed, for the receipt of written comments.
The regulations or mendments thereof shall become
effective ten (10) days after the last day allowed for
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(c)
the receipt of written comments, unless the permit
officer alters the proposed regulation or amendment, in
which case the permit officer shall issue a new notice
and repeat the provisions of this paragraph, but only
in regard to those specific sections which are to be
altered.
The adoption or amendment of regulations by the permit
officer may be appealed to the City Council by filing a
sworn w
notice of appeal with the City Secretary thin
ten (10) days from the date the regulation or amendment
becomes effective. The regulation or amendment shall
remain effective during the pendency of the appeal
unless otherwise ordered by the permit officer or City
Council.
SECTION 24. That all sections, provisions, and tens of Article IV,
Ambulance Service, of Chapter 57, Vehicles for Hire not hereby amended, are
specifically retained and the sections, subsections, paragraphs, and
subparagraphs of said Article are hereby renumbered accordingly.
SECTION 25. If for any reason anysection , paragraph, subdivision,
clause, phrase, word, or provision ofthis o rdinance shall be held invalid o
unconstitutional by final ,judgment of a court of competent ,jurisdiction, it
shall not affect any other section , paragraph, subdivision, clause, phrase,
word, or provision of this ordinance, for ,t is the definite intent of this City
Council that every section , paragraph, subdivision, clause, phrase, ward, or
provision hereof be given full force and effect for its purpose
SECTION 26. Publication shall be made one time in the official
publication of the City of Corpus Christi, by publishing the caption of this
ordinance, stating to substance the purpose of the ordinance.
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That the foregoing ordinance qq;; read foeee'''���$$$he fir t time and pawed its
cood reading on this the �•/N day of 1980 1!,7, the
following vote ////�� d
Luther Jones /. Leo Guerrero y(/jI y
Betty N. Turner / Dr. Charles W. Fennedy
David Berlanga, Sr.
Welder Brawn
Joe McComb
Frank Mendez
Mary Pat Slavrk
That the foregoing rdlnancg� read for nd time a d d to its
thl rd reading on this the �(»� day of ��� , n19 by the
following vote•
Luther Jones
Betty M Turner
David Berlanga, S
Welder Brown
onatithesthe � for g ordi
thday o4
Luther Janes
JACK BEST
David Berlanga, Sr.
BILL MET
Leo Guerrero
Or Charles W. Kennedy
Joe McComb
Frani Mendez
Mary Pat Slavrk
read for, 19e2 byt the fodl passed eienally
Leo Guerrero
LINDA STRONG
Jae McComb
Frank Iiendez
Mary Pat Slavrk /_
PASSED AND APPROVED, this the _day of
ATTESTe n
City secretary✓�(r
APPROVED:
DAY OF, 1 '9L:
J. 1iWLCE AYf,OCy 6£� 00000IIEY
By
A Tent llty Attorney
THE CITY OF CORPUS CHRISTI, TEXAS
16'767
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS. lrs
County of Nimes II v Oy' ��lyq�,
Before me, the undersigned a Notary PABA this day personally d oe �Fi4Tsn4
MARGARET RAMAGE who bung first duly sworn. ewrdmg to law, lO(tthhat he ufU(
COMMUNTTY AESBTIAES StrocuVSSOR . of the Corpus Christi Caller and The Corpourenutest
Daily Newspapers published at Corp. ChavB, Texas, to stud County and Rate, and that the pobhcatloo of
05000 0 _ __ 00 A5➢INAXfa N0 187.7 .AMENOSBG 11151.5511 57 - ________
of which the annexed. a We copy, was pubhehed iv CALLER-T3M_XS. P111S1HTN1 C6_ _
on the 15h, of P='1 _ __ 19.05., and once each. doy — thereafter for o
consecutive. day
& 32.20 MARGARET RAMAGE
Subscribed and sworn to before me this 17t11- _F'ril 19 fli
EONA ROSTER 11-30-88P.obI.1iTe
otaryPubhr. Nue County, Taxa