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Home My WebLink AboutORD 1975-041 ORDINANCE NO. �5-41 , AN ORDINANCE PROVIDING FOR EMERGENCY EIMBUI..ANCE BY THE F I RE DEPARTMENT: PRO- VIDING DEFINITION; REGULATING PRIVATE �.>.� EMERGENCY AMBUL�INCE SERVICE; REQUIRING PERMITS FOR TRANSFER AMBULANCE; REQUIR- ING PERMITS FOR ATTENDANT�DRIVERS OF �'°`"`" TRANSFER AMBULANCES; PROVIDING FOR IN- SPECTION OF TRANSFER AMBULANCES AND EQUIPMENT; PROVIDING FOR SUSPENSION AND REVOCATION OF PERMITS; PROVIDING FOR APPEAL; PROHIBITING F'ALSE STATEMENT OF' EMERGENCY; PROVIDING A PENALTY NOT TO EXCEED $200.00; PROVIDING A SEVERABILITY CL,AUSE; PROVIDING ROR THE REPEAL GF CON- F'LICTING ORDINANCES; PROVIDING AN EFFEC- TIVE DATE; AND DECLARING AN EMERGENCY. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: SECTION I The ambulance service equipment held by the City of Grapevine shall be utilized as an ambulance service for persons request- ing or utilizing such service, which shall be subject to the further provisions of this ordinance, and such ambulance service shall be under the immediate supervision of the Chief i: of the Fire Department of the City of Grapevine and such � equipment shall be maintained at location under the direction of such Chief of the Fire Department, subject to the approval of the City Manager of the City of Grapevine. Sec.2. Definitions: For the purpose of this Article, the following words and phrases shall have the meanings respectively ascribed to them in this Section. (a) "Attendant" means a person trained and qualified who is responsible for the care of the patient or patients transported by transfer ambulance. An attendant may also serve as driver of a transfer ambulance when trained and qualified to do so. (b) "Chief of Police" means the Chief of the Police °' ° Department of the City of Grapevine or his duly authorized representative. (c) "City means the corporate limits of the City of Grapevine, Texas. -1- (d) "Director of Revenue" means the Director of Revenue of the City of Grapevine, or his duly authorized representativ�. (e) "Driver" means a person trained and qualified to �„�.,� drive a transfer ambulance. �� (f) "Emergency" means any circumstance that calls for immediate action and in which the element of time in trans- porting the sick, wounded or injured for medical treatment is essential to the health or life of the person. Such circumstances include, but are not limited to, accidents generally, traffic accidents, and acts of violence resulting in personal injury, and sudden illnesses. (g) t'Emergency Ambulance" means any motor vehicle es- pecially designed, constructed, equipped, and used for transporting the injured or sick in answer to an emergency call. (h) "Emergency Call" means any request for ambulance service that is made by telephone or other means of communica- E tion in circumstances which are, or have been represented to ��' � be, an emergency and requiring immediate ambulance service. (i) "Emergency Run" means the emergency ambulance trip to the place where the emergency exists, or from the place of such emergency to a hospital, medical clinic or office, or other appropriate destination for the patient. (j) "Fire Chief" means the Chief of the Fire Department of the City of Grapevine or his duly authorized representative. (k) "Fire Department" means the Fire Department of the City of G rapevine. (1) "Operator" means any individual, firm or corpora- tion engaged in the business of transporting the injured, - wounded, sick or dead and using the streets of the City for such purpose. (m) "Street" means any street, alley, avenue, boulevard, drive or highway commonly used for the purpose of travel with- in the corporate limits of the City. -2- (n) "Transfer Ambulance" means any motor vehicle con- structed, equipped and used for transferring the injured or sick under circumstances which do not constitute an emergency and which have not been represented as an emergency. ��;.,:� �::.,.ti* Sec. 3. Emergency Service provided by fire department (a) The fire department of the City shall provide emergency ambulance service within the City and shall upon receiving an emergency call from without the corporate city limits respond to such emergency call with proper clearance from the City dispatcher of the particular City within which the emergency run is to be made. (b) A fee of $35.00 shall be charged per trip for the transportation by emergency ambulance of a person to a hospital providing emergency medical aid, in response to a call received by the fire department for emergency ambulance service when the emergency run is made within the City. (c) A fee of $45.00 shall be charged per trip for the I�._ � transportation by emergency ambulance of a person to a hospital providing emergency medical aid, in response to a call received by the fire department for emergency ambulance service when the emergency run is made without the corporate city limits of Grapevine. (d) Any person receiving oxygen while being transported shall be charged an additional fee of $5.00. (e) The person receiving emergency ambulance service and any person contracting for the service shall be responsible for payment of the fee. In the case of service received by a minor, the parent or guardian of the minor shall be responsible for payment of the fee. (f) The fire department of the City, shall transport the injured or sick to the nearest hospital providing emergency medical aid, in accordance with the injury and�or location. Sec. 4. Private emergency service re4ulations. (a) It shall be unlawful for any person, either as owner, -3- agent, or otherwise, other than a member of the fire depart- ment or an agency of the United States, or a designated licensee, to furnish, operate, conduct, maintain, advertise or otherwise be engaged in or profess to be engaged in the �� operation of emergency ambulance service , upon the streets, alleys, �.,.� or any public way or place within the City, for the purpose of picking up patients within the City; except in the following circumstances: (1) It shall not be unlawful for a person operating a licensed transfer ambulance in the City, upon responding to a direct call for non-emergency transfer ambulance service, to operate such ambulance under emergency conditions, using emergency equipment, after notifying the City Dispatcher and requesting permission to make an emergency run, when a determination is made by the transfer ambulance attendant that an emergency exists requiring the sick or injured person to be transported with all practical speed to a hospital. (2) It shall not be unlawful for any person operating �;. a licensed transfer ambulance in the City, who is performing the service of maintaining an ambulance at a particular location for a sporting event, to operate such ambulance under emergency conditions, using emergency equipment, after notifying the City Dispatcher and requesting permission to make an emergency run, when a determination is made by the transfer ambulance attendant that an emergency exists requir- ing tlze sick or injured person to be transported with all practical speed to a hospital. (3) It shall not be unlawful for any person to operate an emergency ambulance to a hospital within the City, if the � place of emergency at which the sick or injured person was �,� picked up by such ambulance is outside corporate limits of the City of Grapevine, and the ambulance making the emergency run is licensed and operated in accordance with Article 4590b, V.T.C.S. ; provided, that the operator first notifies the City Dispatcher of the route over which the emergency run will be made. -4- (4) It shall not be unlawful for any person to operate an emergency ambulance when a request for an emergency ambulance is made, outside the incorporate limits of the City, directly to an ambulance company, licensed by this ordinance, provided, � ... that the operator first notifies the City Dispatcher of the �"°�' route over which the emergency run will be made. (5) It shall not be unlawful for any person to operate a licensed transfer ambulance in the City on an emergency run when fire department ambulances are not available, and the City Dispatcher requests the operator to furnish back-up emergency ambulances service for the fire department. (b) Any person operating a licensed transfer ambulance in the City who makes an emergency run under the provisions of subparagraphs (1) or (2) above, shall within 10 days of each such emergency run, submit to the Director of Revenue or his duly authorized representatives, a report on a form v� provided by him, which shall describe the circumstances 1 i i„� v requiring the emergency run. (c) In the event a patient dies while being transported from one place within Grapevine, Texas to another place within or beyond its limits, the licensee of such ambulance shalls (1) Immediately notify the Police Department of such death, by two-way radio or public telephone; and (2) Within two hours, file a written report with the Chief of Police of Grapevine, Texas upon such forms as he may provide or prescribe, giving all information therein required and any other relevant information which the Chief of Police may require. d Sec. 5. Transfer ambulance permit required. �� (a) No person shall operate or cause to be operated for patient pickup in the City of Grapevine any transfer ambulance without first having obtained a permit therefor from the City unless such transfer ambulance has been ordered by the patient f rom another City. -5- (b) Application for a transfer ambulance permit shall be made upon a form to be furnished by the Director of Revenue or his duly authorized representatives,who shall issue such a permit to an applicant only upon proof by the applicant that �' ` he has met the following requirements: �,,.:� (1) Each vehicle shall be supplied with a first aid kit and emergency equipment required by the Director of Revenue or his duly authorized represen�atives, a list of which will be furnished to the applicant with the permit application form. (2) Each vehicle shall have one transfer ambulance attendant other than the driver who is currently certified by the American Red Cross or the Department of the Interior (Bureau of Mines) to render first aid or who is registered by the State of Texas as an Emergency Care Attendant or Emergency Medical Technician. �,, , (3) Safety mechanisms of the vehicle must be operative � and in good repair; including but not limited to headlights, �� ,� tail lights, turn signals, brakes , brake lights , emergency lights, windshield wipers , wiper blades, handles opening doors and windows, tires and spare tire. (c) The applicant shall pay an annual permit fee of $25.00 to the Department of Revenue at the time such permit is issued. If the permit is issued during the six months following the first day of October, the fee payable shall be the same as for a full year; but if issued after March 31 of any year, such fee shall be one-half of the amount of the annual fee. No refund ot a permit fee shall be made. (d) Each permit issued under this Chapter shall be valid � for one (1) year or part thereof, and shall be renewed on or ��°� before the first day of October of each year. Each permit shall be numbered and posted in the interior of the transfer ambulance in a conspicuous place so that it may be inspected by a police officer or other competent authority. -6- (e) Any operator holding a permit to operate one or more transfer ambulances, as provided by this Article, who desires to add to the number of vehicles so operated by him, shall do so only by obtaining a permit for such addi- �::..,�, tional vehicle from the Director of Revenue or his duly "° `� authorized representatives. No permit shall be issued until this Article has been complied with. Sec.6. Attendant/Driver's permit required. (a) No person shall drive a transfer ambulance or act as an attendant of a transfer ambulance without first obtain- ing an attendant/driver�s permit f rom the Department of Revenue or his cluly authorized representatives. (b) Application for an attendant�driver� s permit shall be made upon a form to be furnished by the Director of Revenue or his duly authorized representatives, who shall issue such a permit to an applicant only upon proof by the applicant that he has met the following requirements: (1) An applicant shall currently hold a valid Texas Chauffeur�s License. (2) An applicant shall currently hold such certificates as may be required by Federal or State agencies pertaining to first aid and�or emergency medical training. (3) Rn applicant shall be examined by a licensed physician. The results of the examination must show that the applicant has a sound body, eye-sight in both eyes corrected to 20�20 with glasses, and no physical defects which might impair his ability to drive or attend a transfer ambulance. He shall be re-examined by a physician at least annually thereafter. h � (4) An applicant shall have no record of final convic- �� tion of a felony or a crime involving use of possession of narcotics ,of operating a vehicle under the influence of drugs or intoxicating liquor, or driving while license has been suspended within the five (5) year period immediately pre- ceding application for the attendant�driver�s permit. -7- (5) An applicant shall have been convicted for no more than three (3) moving traffic violations within the preceding twelve (12) month period. {c) The applicant shall pay an annual permit fee of $5.00 to the Department of Revenue or his duly �uthorized representa- tives for the City at the time such permit is issued. If the ¢""'"'°° permit is issued during the six months following the first day of October, the fee payable shall be the same as for a full year; but if issued after March 31 of any year, such fee shall be one-half of the amount of the annual fee. No refund of a permit fee shall be made. Sec. 7. Inspection of transfer ambulances and equipment. (a) A transfer ambulance may be inspected at any hour by the Chiet of Police or the Director of Revenue or his duly authorized agents, and they may require such transfer ambul- ance to proceed to a specified location for such inspection. � (b) The Director of Revenue or his duly authorized �, ,,„ representatives shall, within ten (10) days after applica- tion for a transfer ambulance permit or the renewal thereof, inspect each transfer ambulance as to compliance with this Article and City and State Safety Laws. (c) Any transfer ambulance not meefiing the safety re- quirements, or any equipment not meeting the standards re- quired for the use of such equipment, shall be tagged by the Director of Revenue or his duly authorized representatives and shall not be used until the deficiences are corrected. Use of such transfer ambulance or such equipment while tagged shall constitute a violation of this article. ' Sec 8. Suspension or revocation of permits. � The Director of Revenue or his duly authorized representa- tives shall have authority to suspend or revoke a transfer ambulance or attendant�driver�s permit for failure or refusal to comply with provisions of this Article. _g_ Sec. 9. Appeal from denial, suspension or revocation. (a) Any applicant denied a permit or any permittee whose permit is suspended or revoked shall have the right of appeal to the City Manager. Such appeal shall be submitted to the City Manager in writing within ten (10) days of the action �::,>�„ being appealed. The City Manager shall, within ten (10) �`� days after appeal is filed, consider all the evidence in support of or against the ruling appealed from, and render a decision either sustaining, reversing, or modifying the determination of the Director of Revenue or his duly author- ized representatives. (b) If the City Manager's decision is not acceptable to the applicant or permittee, he may, within ten (10) days after that decision, file an appeal in writing with the City Secretary to the City Council. Such a written appeal shall set forth the specific grounds therefor. The City Secretary shall notify the appellant within ten (10) days after receipt '� " of appeal, as to the time and place of the hearing by the ,�,.� City Council, which shall be within thirty (30) days of the receipt of such appeal. The determination of the City Council on any appeal pursuant to this Article shall be final. Sec. 10. False Statement of emergency. It shall be unlawful for any person to willfully inform the City Dispatcher, or other fire or police official that an ambulance or more than one ambulance is needed at a location or address �vhen such person knows that such statement is false. Sec. 11. Penaltv. Any person violating any of the provisions of this Ordi- ^ nance shall be deemed guilty of a misdemeanor, and upon convic- �� tion in Municipal Court shall be subject to a fine not to ex- ceed Two Hundred Dollars ($200.00) for each offense. -9- Sec. 12. Constitutionality. Should any section of provision of this Ordinance for any reason be held void, unconstitutional or invalid, it shall not affect the validity of any other section or �_:� provision hereof which is in itself not void, unconstitu- �""° tional or invalid. Sec. 13. Repealing Clause. All ordinances or parts of ordinances inconsistent or conflicting with the provisions of this Ordinance are hereby repealed; provided however, that the repeal or existing ordinances by this Ordinance shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance; but prosecutions for such offenses may be in- � stituted and causes presently pending proceeded with in � � all respects as if such prior ordinance had been repealed. Sec. 14. Declarinq an Emergency. The fact that the present ordinances of the City of Grapevine, Texas are insufficient to require the issuance of a license to operate ambulances upon the streets of the City of Grapevine, Texas, to set standards for the issuance of a license, to require insurance coverage on ambulances, to control the operation of ambulances, creates an urgency and an emergency in the preservation of the public health, safety and welfare, and require that this ordinance shall take effect immediately from and after its pas5.age, and the publication of said ordinance, as the law �,.�:� in such cases provides. -10- DULY PASSED by the City Council of the City of Grapevine, Texas, on the 21st day of October , 1975. �,,�,, � � � �,�/�%� MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: � �• � CITY ATTORNEY �.,� ;��