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HomeMy WebLinkAboutOrdinance #841 Ord. No. ORDINANCE No. 841 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH CR- DINANCE CODE BY RE-ENACTING CHAPTER 23, RE-ENACTING ARTICLE 231 and ADDING NEW SECTIONS TO SAID CHAPTER and ARTICLE RELATING TO AMBULANCE SERVICE The City Council of the City of Huntington Beach do ordain as follows : Section 1. That Chapter 23 of the Huntington Beach Ordinance Code is hereby re-enacted and added to the Hunt- ington Beach Ordinance Code and as re-enacted, to read in words and figures as follows : CHAPTER 23 CERTIFICATE OF PUBLIC NEED AND NECESSITY Section 2. That Article 231 by re-enacted as part of Chapter 23 of the Huntington Beach Ordinance Code , and as re-enacted, to read in words and figures as follows: ARTICLE 231 AMBULANCE SERVICE Section 3. The following new sections are hereby added to the Huntington Beach Ordinance Code , which new sections shall read in words and figures as follows: Section 2311. Definitions: For the purpose of this 1. Ord. No. 841 Article , the following terms shall have the meanings herein given to them: (a) "PRIVATE AMBULANCE" - The term "Private Ambulance" shall mean .every ambulance used for the purpose of serving the public and operated by a person other than a governmental agency. The term "Ambulance" under this definition implies a regularly produced, custom built vehicle on a chassis designed for ambulance use. (b) "OWNER" shall mean any and every person, whether individual or corporate, who owns or controls any private ambulance. (c) "DRIVE" shall mean every person in actual charge and control of any ambulance as a driver thereof. Sbetion 2311.3. CERTIFICATE OF PUBLIC NEED .AND NECESSITY REQUIRED. No owner shall operate any private ambu- lance owned or controlled by such owner in the business of transporting ill or injured patients, or shall in any other way carry passengers or patients unless such owner has pre- viously obtained a Certificate of Public Need and Necessity to do so as provided for in this Chapter. Nothing contained in this Chapter shall be deemed, expressly or impliedly, to limit the City of Huntington Beach to the granting of an .ex clusive Certificate of Public Need and Necessity to any single owner, operator or operators. 2. Ord. . No. 841 Section 2311.6. APPLICATION FOR OWNERIS CERTIFICATE OF PUBLIC NEED AND NECESSITY. Any owner desiring to obtain the Certificate of Public Need and Necessity required by . this Chapter shall make application therefor to the City Council, by filing the same with the City Clerk. Each appli- cation shall be accompanied by a policy of insurance in the amount provided for by this Chapter, as well as the Certifi- cate of Public Need and Necessity fee provided for by this Chapter. This application shall be in writing and shall, among other things set forth the following: (a) The name, age, business and residence address of the applicant, if a natural 'person; or if corporation, its name , date and place of incorporation, address of its prin- cipal 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 of each partner or person. (b) A description of each ambulance or other vehicle used by the applicant and which vehicles the applicant pro- posed to use, together with the numbers and State motor vehicle license number thereon. A left front quarter and right rear quarter picture of each ambulance and the number of Emergency Vehicle Permit issued by the California Highway Patrol. Ord. No. 841 (c) The schedule of rates of fare proposed to be charged for carrying the patients or passengers which appli- cant proposed to transport. (d) The applicant shall furnish any and all addition- al information as the Council may require. Section 2.311.8. GRANTING CERTIFICATE OF PUBLIC NEED AND NECESSITY. Upon receipt by the City Clerk of any applica- tion referred to in the previous section, the Chief of Police shall conduct an investigation of the applicant and on the basis of his investigation shall, within thirty (30) days of the receipt of said application, recommend to the Council ap- proval or rejection of the application. The Council may thereafter grant the application for a Certificate of Public Need and Necessity if it shall find: (a) That the requisite policies of insurance as re- quired by this Chapter have been furnished and the same is in the form required and further, that the surety thereon is ap- proved by the City Administrator. (b) That each private ambulance described therein is adequate and safe for the purpose for which it is to be used, is not over ten (10) years of age and that it is equipped as required herein and by the requirements of the California Ve- ' hicle Code and California Highway Patrol. (c) That the applicant is of good moral character, and has complied with all of the terms and conditions of this Chapter. c 4. Ord . No. 841 (d) That the public convenience or necessity require the operation of such private ambulance service or business within the confines of the City of Huntington Beach. (e) That the proposed schedule of rates to be charged are fair and reasonable. The granting of such Cer- tificate of Public Need and Necessity shall constitute the ap- proval of the City Council of the proposed Schedule of rates . Section 2312. CERTIFICATE OF PUBLIC NEED AND NECESS- ITY. A Certificate of Public Need and Necessity shall be required for every person applying for a business license to conduct an ambulance service in the City of Huntington Beach. The Certificate of Public Need and Necessity shall be issued or continued in operation so long as the applicant has paid to i the Treasurer of the City of Huntington Beach a fee of five ($5'.00) dollars for each ambulance per year. Said fee of five ($5 .00) dollars for each ambulance per year shall be trans- ferrable in any one year in the event of a trade-in of the ambulance or vehicle involved. Section 2312.2. OWNER'S CERTIFICATE OF PUBLIC NEED AND NECESSITY AND LICENSE NOT TRANSFERRABLE. No license on Certificate of Public Need and Necessity granted by the Council pursuant to the provisions of, this Chapter may be transferred to another. Section 2312.3. CHANGE OF RATES. APPLICATION AND/ HEARING, Should an owner of a private ambulance service de- 5. Ord. No. 841 sire to change his schedule of rates, he , shall make written application to the Council to do so. Upon receiving such ap- plication, the Council shall conduct a public hearing upon the application, and shall give the applicant at least ten (10) days' written notice of the time and place of such hear- ing. Upon the hearing, the Council shall determine whether the rates shall be changed and shall have the right to deny the application, or make such changes as the Council deter- mines are warranted by the facts. The decision of the Council upon the hearing shall be final and conclusive. Section 2312.4. CHANCE OF RATES. PROHIBITED WITHOUT CERTIFICATE OF PUBLIC NEED AND NECESSITY. No owner or driver of any private ambulance service licensed under this Chapter shall charge any rate within the City limits of Huntington Beach different from the schedule of rates on file and ap- proved by the Council. Section 2313. LIABILITY INSURANCE. No owner' s Cer- tificate of Public Need and Necessity shall be issued or continued in operation unless there is in full . force and ef- fect a policy of insurance in such form as the City Adminis- trator may deem proper, executed by an insurance company ap- proved by the City Administrator, whereby the owner and the driver of each of the vehicles described in said Certificate of Public Need and Necessity are insured against liability for damage to property and for injury to or death of any 6. Ord. No. 841 person as a result of the ownership, operation or other use thereof, the minimum liability limits _upon such vehicle being not less than One Hundred Thousand Dollars ($100,000.00) on account of personal injury to or death to any one person in any one accident and Three Hundred Thousand Dollars ($300,000) on account of personal injuries to or death of two of more persons in any one accident , and the minimum liability limits upon each such vehicle being not less than Twenty-five Thousand Dollars ($25,000.00) for damage to or destruction of property in any one accident. Such policy of insurance shall. contain an endorsement providing that said policy will not be cancelled until notice in writing shall have been given to the City of Huntington Beach, addressed in care of the City Clerk, City Hall, Huntington Beach, California, at least thirty (30) days immediately prior to the time such cancella- tion shall become effective . Section 2313.1. LICENSE REQUIRED. Every owner oper- ating a private ambulance service in this City shall in add- ition to obtaining the foregoing Certificate of Public Need and Necessity, obtain a business license therefor and shall pay to the City the business license fee provided for by Ordinance of the City. Section 2313.2. DRIVER: QUALIFICATIONS. No person shall operate or drive any private ambulance within the City 7. Ord. No. 841 or shall assist in the operation of an ambulance unless such person: (a) Is over the age of twenty-one (21) years, pro- vided, however, that any one eighteen (18) years of age or. over may assist in the operation of an ambulance if said person is a student in a recognized Junior College or College taking a medical or pre-medical course of study. (b) Is of good moral character and has never been convicted of a felony. (c) Can speak the English language sufficiently to deal with patients or passengers. (d) Possesses a valid Chauffeur' s license issued by the Department of Motor Vehicles of the State of California. (e) Has been fingerprinted, investigated and approv- ed by the Huntington Beach Police Department prior to employ- ment by the owner of the private ambulance service as a driver. (f) Possesses a current advanced First Aid card or Certificate. Section 2313.3. REPLACING VEHICLE. In the event that any vehicle is replaced by the owner of the private ambulance business, said owner shall immediately inform the City of the manufacturer' s name, the year, the model, the engine and serial numbers, the State Motor Vehicle license number of the new vehicle and of any vehicle having been re- placed by such vehicle. Ord. No. 841 Section 2.1 3.4. REVOCATION OF OWNER'S CERTIFICATE OF PUBLIC NEED AND NECESSITY. MANNER OF. Any Certificate of Public Need and Necessity granted pursuant to the- provisions of this Article may be revoked by the Council for violation of the provisions of this Chapter or of any ordinance of the City or of any law of the State , or for the existence of any stated facts which would have been a good reason for denying such Certificate of Public Need and Necessity when applied for, whether these stated facts existed at the time that the application was made for such certificate of Public Need and Necessity or not. No Certificate of Public Need and Necessity shall be revoked except in the following manner: (a) The Council shall fix a time and place for the hearing of the issue on the revocation of the Certificate of Public Need and Necessity and shall cause the City Clerk to serve the Permittee with notice of the time and place of hearing, together with a statement of the charges which are the basis for the hearing, at least ten (10) days prior to the time fixed for said hearing. (b) The City Clerk may serve the aforementioned notice of statement upon the Permittee personally or upon said Permittee by delivering the same by certified United States Mail, postage prepaid, to Permittee at address given in his application for Certificate of Public Need and Necessity. n Ord. No. 841 (c) The hearing shall be public and the Permittea shall have the right to produce witnesses on his own behalf and to be represented by counsel. (d) The findings and decision of the Council upon such hearing shall be final and conclusive. Section 2313.5.. RENEWAL OF OWNER'S CERTIFICATE OF PUBLIC NEED AND NECESSITY. In the event that the Certificate of Public Need and Necessity of any person has been revoked by the Council, such person shall not be granted a new Cer— tificate of Public Need and Necessity for a period of six (6) months after the date of such revocation. Section 4. The City Clerk shall certify to the pass- age and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper printed, published and circulated in the City of Huntington Beach, California, and thirty (30) days after the adoption thereof, the same shall take effect and be in force. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 15th day of May 71961. ATTEST: May r City erk Ord. No. 841 STATE OF CALIFORNIA ) County of Orange _ ) ss City of Huntington Beach I. PAUL C. JONES, the duly elected, qualified and acting City Clerk of the City of Huntington Beach and ex-off icio Clerk -6£ the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is five; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 1st day of May, 1961, and was again read on the 15th day of -- May , 1961, amd was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: WELLS,, LAMBERT, STEWART,. IVAITE. GISLER NOES: Councilmen: NONE ABSENT: Councilmen: NONE City Clerk and -officio Clerk of the City Council of the City of Huntington Beach, California