Ordinance Number 559ORDINANCE NO. 559 226
AMBULANCE AND CONVALESCENT TRANSPORT VEHICLES
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING CHAPTER 16, "AMBULANCE AND
CONVALESCENT TRANSPORT VEHICLES," OF TITLE 5,
"PUBLIC WELFARE," OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Ordinance Amendments.
Chapter 16 "Ambulance and Convalescent Transport
Vehicles," of Title 5, "Public Welfare," is hereby amended in its
entirety to read as follows:
"AMBULANCE AND CONVALESCENT TRANSPORT VEHICLES
"Section 5-16.01. Intent and Purpose.
"It is the intent of this Chapter to establish
operating procedures and standards for medical
transportation services operating within the incorporated
areas of the City in both emergency and other situations,
to provide a fair and impartial means of allowing
responsible private operators to provide such services in
the public interest and to provide a means for the
designation of emergency response areas.
"Section 5-16.02. Definitions.
For purposes of this Chapter, the following terms
are defined:
"(a) Advanced life support service and basic life
support service means the same as defined in
the California Health and Safety Code.
"(b) Ambulance means a motor vehicle, helicopter,
or similar vehicle, specifically constructed,
modified, equipped, or arranged and operated
for the purpose of transporting patients
requiring immediate or ongoing medical
services excluding the transportation of such
persons to or from locations not providing
services as defined in this Chapter.
2 �� "(c) Ambulance service means the activity,
business or service, for hire, profit, or
otherwise, of transporting one or more
persons by ambulance; provided, however,
ambulance service shall not include the
transportation by ambulance by an employer of
his or her own employees in an ambulance
owned and operated by the employer solely for
this purpose.
"(d) Ambulance service operator means any person
who operates or owns an ambulance service.
"(e) Attendant means a trained, qualified
individual who, regardless of whether he or
she also serves as driver, is responsible for
the care of patients.
"(f) County means the County of Orange, State of
California.
"(g) City means the City of San Juan Capistrano,
County of Orange, State of California.
"(h) Department means the Emergency Medical
Services of the County of Orange or the
Health Care Agency of the County of Orange,
or as otherwise designated by the Board of
Supervisors.
"(i) Dispatcher means an individual employed by an
ambulance service operator responsible for
sending an ambulance to provide ambulance
service to a patient.
"(j) Driver means an attendant who drives or
pilots an ambulance.
"(k) Emergency means a sudden, unforeseen event
giving rise to a need for ambulance service
with basic or advanced life support services.
"(1) Emergency response area means a geographical
location specified by the Fire Chief within
which emergency service may be provided under
a license.
"(m) Emergency service means ambulance service
performed in response to an emergency.
"(n) Fire Chief means the Director of Fire
Services for the City of San Juan Capistrano.
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"(o) Health Officer means the Orange County Health
officer or of er official designated by the
Board of Supervisors of Orange County to
perform the Health Officer's functions under
this Chapter.
"(p) Licensee means an ambulance service operator
which has been granted a license under this
Chapter to provide ambulance service.
"(q) Medical services means services provided by
health care professionals licensed pursuant
to the California Business and Professions
Code or as specified by regulations adopted
pursuant to this Chapter.
"(r) Paramedic means the same as defined in the
California Health and Safety Code.
"(s) Patient means a wounded, injured, sick,
invalid, or otherwise incapacitated person.
"(t) Person means any individual, firm,
corporation, partnership, association, or
other group or combination acting as a unit.
"(u) Physician means a medical doctor or osteopath
holding the appropriate license or
certificate to practice as such with the
State of California pursuant to the Business
and Professions Code.
"(v) Public safety agency means any public law
enforcement agency, fire protection agency,
or forest ranger operating in the County.
"Section 5-16.03. License Required.
"(a) It shall be unlawful for any person to be an
ambulance service operator, or to act in such
a capacity, either directly or indirectly,
without possession of a license issued
pursuant to this Chapter.
"A license may specify the specific
geographical area within the City in which it
is valid; provided, however, with respect to
emergency response areas, reference to the
emergency response area by a specific number
or similar identification shall be sufficient
description of geographic limitation. A
license shall be valid for not more than one
calendar year or the expiration of the
calendar year in which it was issued,
whichever is shorter.
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"(b) The provisions of this Chapter shall not
apply to:
11(1) Ambulance operated at the request of a
public safety agency during any "state
of war emergency," "state of emergency,"
or "local emergency," as defined in the
Government Code.
"(2) Ambulance service transporting a patient
from a location outside of Orange
County, regardless of destination.
"(3) Ambulance service transporting a patient
by fixed -wing airplane.
"Section 5-16.04. Transfer and Term of License.
"No license issued pursuant to this Chapter can be
transferred by operation of law or otherwise. The following
shall be considered transfers for purposes of this Section:
"(a) Any change in the business structure of a
license, including but not limited to,
changes from or to:
11(1) A sole proprietorship;
11(2) A partnership, including any change in
the partners; and,
11(3) A corporation, including any change in
the shareholders, whether by operation
of law or otherwise.
"(b) Bankruptcy, an assignment for the benefit of
creditors, or the appointment of a receiver.
"(c) A sale or transfer of over ten (10) percent
of the assets of a licensee.
"A licensee may apply to the Health officer for an
amendment to the terms of the license, which request shall
be processed in the same manner as an original application.
Notwithstanding anything in this Section to the contrary,
licenses may be suspended, revoked, or terminated prior to
the expiration date, pursuant to the provisions of this
Chapter.
"Section 5-16.05. Applications.
"(a) Each application for a license shall be
accompanied by an application fee, if any,
set by the Board of Supervisors, and be made
upon forms prescribed by the Health Officer.
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230
"(b) Each applicant shall submit the following:
"(1) The names and addresses of the
applicant(s) and the owner(s) of the
ambulance(s) and the business and any
interest therein;
11(2) The applicant's training and experience
in the transportation and care of
patients;
"(3) The names under which the applicant has
engaged, does, or proposes to engage in
ambulance service;
I'M A description of each ambulance
including the make, model, year of
manufacture, vehicle identification
number, current state license number,
the length of time the vehicle has been
in use, and the color scheme, insignia,
name, monogram and other distinguishing
characteristics of the vehicle, a
description of the company's program for
maintenance of the vehicle, and a
description of the vehicle's radio(s);
"(5) Proof that the applicant has obtained
all licenses and permits required by
State or local law or regulations for
the type of ambulance service proposed,
excluding only a license to provide the
service for which application is made;
"(6) The names and qualifications of each
attendant, driver, or dispatcher
employed, or to be employed, in
providing ambulance service;
"(7) Proof that the applicant possesses and
maintains currently valid California
Highway Patrol inspection reports for
each vehicle listed in the application;
"(8) A description of the company's training
and orientation programs for attendants,
driver and dispatchers;
"(9) Evidence of such financial
responsibility and insurance coverage as
may be required by the Health Officer
pursuant to regulations adopted in
accordance with this Chapter;
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11(10) Identification of the geographical area
to be served by the applicant, if
required by the department;
11(11) As to new applications or transfers, a
fingerprint receipt for each principal
of the applicant, issued by the Orange
County Sheriff -Coroner indicating each
principal of the applicant has
undergone a complete criminal history
check, followed by a report from the
Orange County Sheriff -Coroner showing no
conviction of crimes which would be
violations of the provisions of Section
5-16.07(d);
"(12) A list of all substations or offices
where equipment and personnel are, or
will be based, including hours of
operation; and,
"(13) A description of whether the service
proposed by the applicant will include
basic life support services or advanced
life support service, and, if so:
"(i) The number of basic life support
service or advanced life support
service units to be deployed on
each shift;
"(ii) The emergency response area(s) to
receive basic life support service
or advanced life support services;
and,
"(iii) The provisions, if any, for
continuing education of attendants.
"(14) Such other information as the Health
Officer may require in regulations
adopted pursuant to this Chapter.
"(c) Renewal applications shall be submitted in
the same form and require the same materials
as original applications.
"Section 5-16.06. Investigations.
"Upon receipt of a completed application and the
required fee, if any, the Health Officer shall make, or
cause to be made, such investigation as the Health Officer
deems necessary to determine if:
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"(a) The applicant is a responsible and proper
person to conduct, operate or engage in the
provision of ambulance services; and,
"(b) The applicant meets the requirements of this
Chapter and of other applicable law,
ordinances or regulations.
"Section 5-16.07. Issuance or Denial of License.
"(a) The Health Offi
an applicant if
completing any
pursuant to thi
requirements of
and the license
of Supervisors,
cer shall issue a license to
the Health Officer, after
investigation required
s Chapter, determines all
this Chapter have been met
fee, if any, set by the Board
has been paid.
"(b) In the event of denial, the applicant shall
be informed in writing of the reasons
therefor.
"(c) The licensee shall obtain and keep in force
during the term of a license, comprehensive
automobile liability insurance and
professional liability insurance issued by a
company authorized to do business in the
State of California, acceptable to the Health
Officer, insuring the owner against loss by
reason of injury or damage that may result to
persons or property from negligent operation
or defective construction of such ambulance
or from violation of this Chapter or any
other law of the State of California, or the
United States. Said comprehensive automobile
liability policy shall be in the sum of not
less than $500,000 for combined single limit,
bodily injury and property damage. Said
professional liability insurance shall be in
the sum of not less than $1,000,000 per
person and $1,000,000 annual aggregate.
Workers' Compensation insurance shall be
carried covering all employees of the license
holder. Before the Health Officer shall
issue a license, copies of the policies or
certificates evidencing such policies shall
be filed with the Health Officer. All
policies shall contain a provision requiring
a thirty (30) day notice to be given to the
Department prior to cancellation,
modification, or reduction in limits. The
amount of comprehensive automobile liability
insurance shall be subject to review and
adjustment by the Health Officer pursuant to
regulations adopted under this Chapter. In
the use of helicopters, the equivalent
insurance requirements shall apply.
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"(d) Grounds for denial of a license application
shall be:
"(1) Failure to meet the requirements of any
provisions of this Chapter;
"(2) Violation by any principal of an
applicant of Penal Code Section 290;
"(3) Habitual or excessive use of narcotics
or dangerous drugs;
"(4) Conviction during the preceding seven
(7) years of any crime relating to the
use, sale, possession or transportation
of narcotics, addictives or dangerous
drugs;
"(5) Habitual or excessive use of
intoxicating beverages;
"(6) Conviction during the preceding seven
(7) years of any crime punishable as a
felony in the State of California; and,
"(7) Conviction of any crime involving moral
turpitude, including fraud or
intentional dishonesty for personal
gain.
"(e) In determining the effect of any criminal
acts on the issuance or denial of a license,
the Health Officer shall consider whether the
criminal acts are related to the activities
of an ambulance service and shall evaluate
the rehabilitation of the persons involved.
The Health Officer shall not consider crimes
of which the applicant is, or was, accused
but not convicted.
"Section 5-16.08. License Suspension or
Revocation.
"(a) The Health Officer may suspend or revoke
licenses for failure by the licensee to
comply, and maintain compliance with, or for
violation of, any applicable provisions,
standards or requirements of State law or
regulation, of this Chapter. Suspension of a
license is not a condition precedent to
revocation of a license.
"(b) Before suspension or revocation, the health
Officer shall give written notice to the
licensee. Said notice shall:
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"(1-)- Specify the reasons for which the action
is to be taken;
"(2) Set a hearing for not more than fifteen
(15) days nor less than seven (7) days
after the date of the notice;
"(3) Specify the date, time and place of the
hearing; and
"(4) Be served on the licensee either by
delivery to its principal place of
business or to its designated agent for
service of such notices, if any.
"(c) If the licensee, subsequent to service of a
suspension or revocation notice under this
Section, remedies some or all of the
conditions to which the notice refers, the
Health Officer may rescind a suspension or
revocation any time.
"(d) At the hearing, the Health Officer has the
burden of proof and may present evidence as
to why such action should be taken and to
answer the evidence presented by the
licensee.
"(e) The Health Officer may reduce the period of
time for hearing under a suspension or
revocation notice to no less than twenty-four
(24) hours when the health Officer makes
written preliminary findings that such action
is necessary to protect the public health,
safety and welfare. When, as a result of
such an emergency proceeding, a license is
suspended or revoked, the licensee may
request an additional hearing at which the
licensee will have the burden of establishing
renewed compliance justifying reinstatement
of the license. Such additional hearing will
be commenced within five (5) days of the
licensee's request. The request for, and the
scheduling of, an additional hearing shall
not stay operation of the suspension or
revocation order.
"(f) Hearings conducted pursuant to this Section
shall be conducted before a hearing officer
designated by the Department. At the
conclusion of said hearing, the hearing
officer shall expeditiously prepare a written
summary of the evidence and proposed findings
and conclusions for consideration by the
Health Care Agency Director.
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"(g) The Health Care Agency Director shall issue a
written decision within thirty -(30) days
after conclusion of the hearing.
"Section 5-16.09. Appeal to City Council.
"In the event of denial, suspension, or revocation
of a license, the applicant or licensee shall have the right
to request a hearing before the City Council which hearing
shall be requested and conducted in the manner specified in
Chapter 6 of Title 1.
"Section 5-16.10
Notification.
"The licensee shall notify the Health Officer
within twenty-four (24) hours after any change in ownership
or management of the licensee, or any interruption of
service of more than twenty-four (24) hours duration, or any
substantial change in staffing or equipment. For purposes
of this Section, the term "substantial change" shall be as
defined by regulation adopted pursuant to this Chapter.
"Section 5-16.11. Personnel Standards.
"(a) A licensee shall only employ personnel
performing tasks described in this Chapter
who comply with the requirements of this
Section.
"(b) Attendants shall be at least eighteen (18)
years of age and trained and competent in the
proper use of all equipment, and shall hold
current "EMT 1A" certification in compliance
with all State laws, rules and regulations.
Additionally, each attendant shall hold a
license from the Health officer indicting
compliance with this Section. Applications
for such licenses shall be in a form required
by the Health officer and shall be
accompanied by the fee, if any, established
therefore. All applicants for licenses as an
attendant shall be subject to the same
criminal history review as required for
principals of ambulance companies pursuant to
this Chapter no less than once every four
years. Certificates may be denied,
suspended, or revoked in the same form and
fashion as that specified for ambulance
service licensees in this Chapter. Licenses
shall be valid for two years from the date of
issuance or certification as an Emergency
Medical Technician-lA, whichever is less.
Renewal of a license shall be in the same
fashion as issuance of a new license.
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"(c) Each licensee shall have at least one_ 2
dispatcher. Emergency ambulance service
licensees shall have a dispatcher on a
twenty-four (24) hour -per -day basis and shall
adequately train the dispatcher to radio
operation and protocols and to the emergency
response area(s) served before said
dispatcher begins dispatching emergency
calls. For purposes of this Section,
"adequate" training of a dispatcher shall be
that which meets State standards, if any, or
County requirements.
"(d) Ambulance drivers shall, in addition to the
requirements of this Chapter for attendants,
maintain an appropriate license issued by the
California Department of Motor Vehicles and,
if applicable, the Federal Aviation
Administration.
"Section 5-16.12. Rates.
"No licensee shall charge more than those rates
approved by the Board of Supervisors for emergency ambulance
service.
"Section 5-16.13. Usage of Ambulance Service
Licensees.
"(a) The City shall contract with licensees on a
competitive basis for provision of ambulance
service in response to emergencies in each
emergency response area. Said contracts
shall provide for one primary contractor per
emergency response area, with such other
back-up service by other emergency ambulance
service providers as deemed necessary by the
City. In awarding these contracts, the City
shall consider the comparative value of
competing proposals in the same fashion as
would be the case were the City evaluating
proposals from prospective service providers
for other City activities, including
consideration of:
"(1)
The
quality of service to be provided;
"(2)
The
level
of service to be provided;
"(3)
The
rates
charged for services to be
provided;
and,
"(4)
the
cost,
if any, to the City.
237
"(b) The Fire Chief shall administer the contracts
for ambulance service awarded by the City
Council under this Section. The Fire Chief
shall also prepare and keep current emergency
response area lists specifying contract
providers for each area. The Fire Chief
shall include on the list for each emergency
response area the provider which has entered
into an ambulance service agreement with the
City as the primary contractor as well as the
emergency ambulance service provider(s) who
will provide back-up emergency ambulance
service for that area.
"(c) In the event no proposals acceptable to the
City under the providions of this Section are
received for one or more emergency response
areas, the City shall designate one or more
licensees in that emergency response area to
provide emergency ambulance services. From
the date of such designation until a regular
emergency ambulance service agreement is
signed for the affected area(s), provision of
emergency ambulance service shall be an
express condition of the license and
unreasonable or unjustified refusal of such
calls shall be violation of this Chapter.
"(d) No person shall provide ambulance service in
response to, or as a result of, an emergency,
unless that person is a licensee specified in
each instance by a physician or public safety
agency. A licensee thus specified by a
physician need not be a contractor selected
pursuant to this Section. Any ambulance
service operator receiving a request for
emergency ambulance service from other than a
public safety agency shall immediately, by
telephone, notify a public safety agency
designated by regulation of the request.
"No licensee responding to an emergency shall
transport a patient unless:
11(1) A paramedic is present at the location
of the patient; or
11(2) A physician is present at the location
of the patient and directs
transportation in the absence of a
paramedic; or
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"(3) A safety qualified employee of the Fire
District, or as appropriate employee of
a public safety agency designated by
regulation directs transportation in the
absence of a paramedic.
"Unless otherwise directed by a physician
present at the location of the patient, a
licensee shall transport a patient pursuant
to regulations adopted under Section 5-16.14.
"Section 5-16.14. Rules and Regulations.
"(a) As to all Sections of this Chapter, except
Section 5-16.13, the Health Officer shall
make such rules and regulations as may be
necessary to implement this Chapter. Prior
to adoption, proposed rules and regulations
shall be submitted to the Orange County
Emergency Medical Care Committee for comment.
"(b) As to Section 5-16.13, the Fire Chief shall
make such rules and regulations as may be
necessary to implement this Chapter. Prior
to adoption, the Fire Chief's rules and
regulations shall be submitted to the Orange
County Emergency Medical Care Committee for
comment.
"(c) The Health Officer or the Fire Chief, or
their designee(s), may inspect the records,
facilities, transportation units, equipment,
and method of operations of each licensee
whenever necessary and, by the Health
Officer, at least annually.
"Section 5-16.15. Complaints.
"The City, the County, the Department, any user,
subscriber, public safety agency, or consumer who believes,
or has reason to believe, that he or another party has been
required to pay an excessive charge for services, received
inadequate services, or services provided were not in
compliance with the provisions of this Chapter, may file a
written complaint with the Department setting forth such
allegations. The Department shall notify the ambulance
service operator of such complaint. The ambulance service
operator shall file a written response within fifteen (15)
calendar days after receipt of notification.
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"Section 5-16.16. Variances.
"As to all but Section 5-16.13, the Health Officer
may grant variances from the terms of this Chapter if he
finds such action is necessary to protect the public health,
safety or welfare. As to Section 5-16.13, the Fire Chief
may grant variances from the terms of this Chapter if he
finds such action is necessary to protect the public health,
safety or welfare. As to the Health Officer, such variances
may include the issuance of a temporary license. No
variance shall exceed one hundred and eighty (180) days in
duration.
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty
(30) days after its passage.
SECTION 4. City Clerk's Certification
The City Clerk shall certify to the adoption of this
Ordinance and cause the same to be posted at the duly designated
posting places within the City and published once within fifteen
(15) days after passage and adoption as required by law; or, in
the alternative, the City Clerk may cause to be published a
summary of this Ordinance and a certified copy of the text of
this Ordinance shall be posted in the Office of the City Clerk
five (5) days prior to the date of adoption of this Ordinance;
and, within fifteen (15) days after adoption, the City Clerk
shall cause to be published, the aforementioned summary and shall
post a certified copy of this Ordinance, together with the vote
for and against the same, in the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this 19th day of
November , 1985
ATTEST:
W
z
a��
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
240
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Ordinance No. 559 , which was
introduced at a meeting of the City Council of the City of San
Juan Capistrano, California, held on November 5 1985 , and
adopted at a meeting held on November 19 ,ign , by the
following vote:
AYES: Councilmen Bland, Buchheim,
Hausdorfer and Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
(SEAL)
MARY ANN OVER, TY CLERK