HomeMy WebLinkAboutOrdinance #2852 ORDINANCE NO. 2852
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY REPEALING CHAPTER 5.20, AND ADDING THERETO
NEW CHAPTER 5.20 ENTITLED, "AMBULANCE SERVICE"
The City Council of the City of Huntington Beach does
ordain as follows:
SECTION 1. Chapter 5.20 of the Huntington Beach Municipal
Code is hereby repealed.
SECTION 2. The Huntington Beach Municipal Code is hereby
amended by adding thereto new Chapter 5.20 entitled, "Ambulance
Service" to read as follows:
5.20.010 Intent and Purpose. It is the intent of this
Chapter to establish general operating procedures and standards
for medical transportation services operating within the
incorporated areas of this 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.
5.20.020 Definitions. For purposes of this Chapter, the
following terms are defined:
(a) Advanced life support service and basic life support
service mean 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.
(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.
1.
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(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) Department means the Emergency Medical Services Agency
of the County of Orange or the Health Care Agency of the County
of Orange, or as otherwise designated by the Board of
Supervisors.
(h) Dispatcher means an individual employed by an
ambulance service operator responsible for sending an ambulance
to provide ambulance service to a patient.
(i) Driver means an attendant who drives or pilots an
ambulance
( j ) Emergency means a sudden, unforeseen event giving rise
to a need for ambulance service with basic or advanced life
support services.
(k) Emergency response area means a geographical location
specified by the Fire Chief within which emergency service may
be provided under a license.
(1) Emergency service means ambulance service performed in
response to an emergency.
(m) Fire Chief means the Fire Chief of the City of
Huntington Beach.
(n) Health Officer means the Orange County Health Officer
or other official designated by the Board of Supervisors of
Orange County to perform the Health Officer ' s functions under
this Chapter.
(o) Licensee means an ambulance service operator which has
been granted a license under this Chapter to provide ambulance
service.
(p) 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.
(q) Paramedic means the same as defined in the California
Health and Safety Code.
(r) Patient means a wounded, injured, sick, invalid, or
otherwise incapacitated person.
2.
(s) Person means any individual, firm, corporation,
partnership, association or other group or combination actin
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as a unit.
( t) 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.
(u) Public safety agency means any public law enforcement
agency, fire protection agency, or forest ranger operating in
the County.
5.20 . 030 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 County 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 .
(b) The provisions of this Chapter shall not apply to:
1 . Ambulances 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.
Ambulance service transporting a patient b a
3 . ul p g p y
fixed-wing airplane.
5 .20 . 040 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 licensee,
including, but not limited to, changes from or to:
1 . A sole ro rietorshi
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2 . A partnership, including any change in the
partners ; and
3 . A corporation, including any change in the
shareholders, whether by operation of law or
otherwise.
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(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.
5.20.050 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.
(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;
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;
4. 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
regulation 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;
4.
8. A description of the company' s training and
orientation programs for attendants, drivers 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.
10. Identification of the geographical area to be
served by the applicant, if required by the
department;
11. As to new applications or transfers as specified
in Section 5 .20.040, 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 Chapter 5.20.170
(d) (2) , (3) , (4) , (5) , (6) , and (7 ) ;
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 serve units to be deployed
on each shift;
( ii) The emergency response area(s) to receive
basic life support service or advance life support
service; 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
except the requirement of 5.20.050 (a) (11) .
5 .20.060 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;
(b) The applicant meets the requirements of this Chapter
and of other applicable laws, ordinances or regulations .
5.20.070 Issuance or Denial of License.
(a) The Health Officer shall issue a license to an
applicant if the Health Officer, after completing any
investigation required pursuant to this Chapter, determines all
requirements of this Chapter have been met and the license fee, if
any, set by the Board of Supervisors, has been paid.
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(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.
(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;
6.
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;
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 rehabilitations of the
persons involved. The Health Officer shall not consider crimes of
which the applicant is, or was, accused but not convicted.
5.20.080 License Suspension or Revocation.
(a) The Health Officer may suspend or revoke license 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, or of
any regulations promulgated hereunder . 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:
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 at any time.
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(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.
(g) The Health Care Agency Director shall issue a written
decision within thirty (30) days after conclusion of the hearing.
5.20.090 Appeal to Board of Supervisors. 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
Board of Supervisors, which hearing shall be requested and
conducted in the manner specified in Section 5-2-19 of the
Codified Ordinances of Orange County.
5.20. 100 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.
5 .20.110 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) year 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 indicating compliance
with this section. Applications for such licenses shall be in a
8.
form required by the Health Officer and shall be accompanied by
the fee, if any, established therefor. 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.
(c) Each licensee shall have at least one 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 despatcher 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.
5 ,20.120 Rates . No licensee shall charge more than those
rates approved by the Board of Supervisors for emergency ambulance
services .
5.20. 130 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.
(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.
9.
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 provisions 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 a 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:
1. A paramedic is present at the location of the
patient; or
2 . A physician is present at the location of the
patient and directs transportation in the absence
of a paramedic; or
3. A safety qualified employee of the Huntington
Beach Fire Department, or an 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 5.20.140.
5 .20.140 Rules and Regulations.
(a) As to all sections of this Chapter except Section
5.20.130, the Health Officer shall make such rules and regulations
and 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.
10.
(b) As to Section 5.20.130, the Fire Chief shall make such
rules and regulations and 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.
5 .20.150 Complaints. 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 provision 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.
5.20.160 Variance. As to all but Section 5.20. 130, 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 5.20.130, 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
t hundred and eight (180) days in duration.
5.20.170 Violation.
Violation of any provision of this Chapter by an ambulance
service operator shall be a misdemeanor
SECTION 3. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decisions shall not affect the
validity of the remaining portions of this ordinance. The City
Council of the City of Huntington Beach hereby declares that it
would have adopted this ordinance and each section, subsection,
sentence, clause, phrase, or portions thereof, and amendments
thereto, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases or portions, or
amendments be declared invalid or unconstitutional.
11.
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SECTION 4. . The provisions of this ordinance insofar as
they are substantially the same as existing provisions of the
Huntington Beach Municipal Code relating to the same subject
matter shall be construed as restatements and continuations and
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not as new enactments.
SECTION 5. This ordinance shall take effect thirty days
after its adoption.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 21St
day of ,1 1a 3 V , 1986.
Mayor
ATTEST• APPROVED AS TO FORM:
City Clerk _ZG'__li,City Attorney
II
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REVIEWED AND APPROVED: INITIATED AND APPROVED:
----'City Administrat ire Chief
12 .
Ord. No. 2852
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the day of June
19$jL, and was again read to said City Council at a regular
meeting thereof held on the 21 s t day of June 19 8b and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Kelly, MacAllister, Mandic, Bailey, Green
NOES: Councilmen:
None
ABSENT: Councilmen:
Finley , Thomas
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
We**"* CITY CLERK of the city of
►4*40 Ond sx•offklo Clerk of the City
COW4i- do hereby certify that a synopsis of this
o +inane has been puaiishcd in the Huntington
Beach Independent on
7.7.41.0.0
in accordar,;c with the City Charter of Sald�City.
........- M. Ii imMORTH
"ty Clerk
ovuty city Cir k