HomeMy WebLinkAbout1732 - Ambulance RegulationsORDINANCE NO. 1732
• AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING SECTIONS 5.14.050, 5.14.090, 5.14.130,
5.14.150, 5.14.160, 5.14.170, 5.14.190, 5.14.200
AND 5.14.210 TO CHAPTER 5.14 OF THE NEWPORT BEACH
MUNICIPAL CODE, RELATING TO ENFORCEMENT OF AMBULANCE
REGULATIONS BY THE FIRE DEPARTMENT
n
The City Council of the City of Newport Beach DOES
ORDAIN as follows:
SECTION 1. Section 5.14.050 of the Newport Beach
Municipal Code is amended to read:
"5.14.050 Public Hearing; Notice of Hearing. (a)
Upon the filing of a completed application for a certificate
of public convenience and necessity to operate an ambulance
service, the Finance Director shall refer the application to
• the Fire Chief and other appropriate City departments for
an investigation and report. The Finance Director shall
also refer the application to the City Clerk who shall set
a time and date for a public hearing, at which time the City
Council will consider the application. The City Clerk
shall schedule said hearing on the agenda for the first
available regular Council meeting occurring not less than
thirty (30) days following the date on which the application
is submitted.
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(b) Notice of the hearing shall
be published in the
official newspaper of
the City at least
one, not less
than ten (10) days prior to the date
scheduled for the
hearing. In addition,
written notice
shall be given to
each person holding a
certificate for
the operation of an
•
ambulance service, at
least ten (10)
days to the date
prior
of the hearing."
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SECTION 2. Section 5.14.090 of the Newport Beach
Municipal Code is amended to read:
"5.14.090 Periodic Inspection. Subsequent to the
issuance of a certificate of public convenience and
necessity pursuant to this Chapter, the Fire Chief shall
cause to be inspected each licensed ambulance, its
equipment and the premises of the certificate holder
whenever the Fire Chief deems such inspection to be
necessary, but in any event at least once each year.
The operator of the aforesaid licensed ambulance
shall provide annually a photocopy of the license issued
by the California Highway Patrol to privately owned
ambulance companies in accordance with Section 2501 of the
California Vehicle Code. In addition, the operator shall
provide annually and when requested a copy of the
current Ambulance Inspection Report written by the
California Highway Patrol for each vehicle to be operated
within this jurisdiction."
SECTION 3. Section 5.14.130 of the Newport Beach
Municipal Code is amended to read:
"5.14.130 Substitution of Vehicles. Any person
holding a certificate to operate one or more ambulances
as provided in this Chapter, who desires to substitute
a different vehicle for a vehicle authorized under such
certificate, shall do so only after obtaining the approval
of the Fire Chief, which shall be granted only upon written
application by the certificate holder, and upon a satisfactory
report being made by the Fire Chief concerning the suitability
and mechanical condition of the vehicle, a copy of which
shall be furnished to the certificate holder. If the
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certificate holder is dissatisfied with any decision
of the Fire Chief made pursuant to this Section, he
may appeal to the City Council."
SECTION 4. Section 5.14.150 of the Newport Beach
Municipal Code is amended to read:
"5.14.150 Rates for Ambulance Service. Each holder
of a certificate of public convenience and necessity for
the operation of an ambulance service shall file with
its application for a certificate a proposed schedule of
rates to be charged for the transportation of patients
in all ambulances operated by said certificate holder.
After approval by the City Council, said rates shall not
be changed or modified in any manner without the prior
approval of the City Council. No certificate holder shall
charge rates other than those so approved. The City Council
may on its own motion hold a hearing at any time for the
purpose of determining whether previously approved rate
structures are established at a level which will result
in a reasonable degree of competition among the certificate
holders operating within the City, provide a fair return
to said certificate holders on their investments, and
provide a high quality ambulance service to the public.
Prior to changing any schedule of rates previously approved
for an existing certificate holder, the City Council shall
hold a public hearing after giving ten (10) days' prior
written notice to all certificate holders and /or applicants,
and publication of said proposed rate changes in the official
newspaper of the City at least once, not less than ten (10)
days prior to the date of said hearing. Every certificate
holder shall post in a conspicuous place in the interior
of each ambulance operated by said certificate holder and
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approved rate schedule in a form and location approved
by the Fire Chief."
SECTION 5. Section 5.14.160 of the Newport Beach •
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Municipal Code is amended to read:
"5.14.160 Standards for Ambulance Equipment - Rules
and Regulations. (a) Each ambulance shall be equipped
with a two -way radio and such equipment as the City Manager
shall determine to be adequate for dressing wounds,
splinting fractures, controlling hemorrhage and providing
oxygen.
(b) The City Manager shall have the authority to make
rules and regulations not inconsistent with this Chapter
concerning standards for required equipment in ambulances.
Prior to adoption of such rules and regulations by the
City Manager, the holders of all certificates of public
convenience and necessity for the operation of ambulance •
services shall be furnished with a copy of the proposed
rules and regulations, and shall be advised in writing
by United Otates mail of the time and place at which the
City Manager will hold a public hearing to consider the
adoption of said rules, at least ten (10) days prior to
the date of said public hearing. Following adoption by
the City Manager, said rules and regulations shall be
filed with the City Clerk and shall constitute enforceable
provisions of this Chapter. In determining the adequacy
of equipment, the Fire Chief shall take into consideration
the current list of minimal equipment for ambulances adopted
by the American College of Sureons or its duly authorized
Committee on Trauma. Each holder of an ambulance operator's
permit shall comply with such regulations as may be adopted •
by the City Manager."
SECTION 6. Section 5.14.170 of the Newport Beach
Municipal Code is amended to read:
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"5.14.170 Permit for Drivers and Attendants. (a)
No person shall drive, or serve as an attendant of, an
ambulance subject to the requirements of this Chapter
without first obtaining a permit in writing to do so
from the Fire Chief.
(b) No person shall operate an ambulance for hire
unless he shall hold a valid driver's license and an
ambulance driver's certificate issued by the Department
of Motor Vehicles.
(c) No person shall drive, or serve as an attendant of,
a.x a w 6u)anca
A without first o taining an Emergency Medical Technician lA
Certificate per the California Administrative Code."
SECTION 7. Section 5.14.190 of the Newport Beach
Municipal Code is amended to read:
"5.14.190 Issuance of Permit. The Fire Chief shall
conduct an investigation of each applicant for an ambulance
• driver's or ambulance attendant's permit, and may refuse
to issue such permit, and may suspend or revoke a permit
previously granted on any of the following grounds:
(a) If the applicant is addicted to the use of
alcoholic beverages, dangerous drugs or narcotics, or is
not of good moral character;
(b) If the applicant for a driver's permit had been
convicted three or more times within the past year for
violation of any law or ordinance regulating the operation
of motor vehicles, other than nonmoving violations, such
as parking;
(c) If the applicant had been convicted within the
past three years of a crime involving moral turpitude, the
• use or possession of narcotics, or for operating a vehicle
while under the influence of intoxicating liquors, or
reckless driving;
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(d) If the applicant does not possess those Specialized
Training Certificates required by Chapter 2, Title 13,
Sub - Chapter 5, Article 1 of the California Administrative •
Code;
(e) If the applicant is unable to produce at any time,
and not less frequently than once a year, a certificate
of a duly licensed physician stating that the applicant
is in the opinion of such physician free of communicable
disease and physical disability which would ,impair his
ability to perform his duties."
SECTION 8. Section 5.14.200 of the Newport Beach
Municipal Code is amended to read:
"5.14.200 Form of Driver.'s and Attendant's Permit.
The permit shall be in the form of a card which shall bear
the signature, photograph and fingerprints of the applicant.
Such card shall be issued in duplicate, and one copy shall •
be placed on file with the Fire Department. The other card
shall be carried on the person of the permittee at all
times while on duty as an ambulance driver or attendant."
SECTION 9. Section 5.14.210 of the Newport Beach
Municipal Code is amended to read:
"5.14.210 Revocation of Permit. The Fire Chief may
revoke any permit issued by him when, in his opinion, the
permittee is unfit to serve as an attendant or driver of
an ambulance, on the basis that (a) he obtained the
permit by fraud or misrepresentation; (b) he has violated
the provisions of this Chapter or any other State or
municipal law relating to his duties; or (c) he has ceased
to meet the requirements that justified the original •
issuance of the permit. Any permittee who is dissatisfied
with the decision of the Fire Chief in suspending or revoking
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his permit may file a written notice of appeal with the
City Council within thirty (30) days after receiving
notice of the action of the Fire Chief."
SECTION 10. This ordinance shall be published once
in the official newspaper of the City, and the same shall be
effective thirty (30) days after the date of its adoption.
This ordinance was introduced at a regular meeting of
the City Council of the City of Newport Beach held on the
25th day of April , 1977, and was adopted
on the 9th day of May 1977, by the
following vote, to wit:
AYES, COUNCILMEN: Dostal, Barrett, Kuehn,
• McInnis,, Rogers, Williams
NOES, COUNCILMEN: None
ATTEST:
ity Clerk
CERTIFIED AS THE ORIGINAL AND
CERTIFIED AS TO FUDLICATION
DATE MAY 1 1977
CITY CLERK 0, TH'_ CITY Cf N8V7F BFACN
ABSENT COUNCILMEN: Ryckoff
ArL� �,�) �
Mayor
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4/20/77