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HomeMy WebLinkAboutOrdinance 0159 ORDINANCE NUMBER 159 AN ORDINANCE LICENSING AND REGULATING OPERATORS OF PRIVATE AMBULANCES: PRO~ HIBITING THE OPERATING OF AMBULANCES UPON THE PUBLIC STREETS OF SAID CITY WITHOUT HAVING OBTAINED A LICENSE THEREFOR: SETTING FORTH THE PROCEDURE BY WHICH PRIVATE AMBULANCES AND PERSONS OPERATING SAME SHALL ACQUIRE AND MAIN- TAIN SUCH LICENSE: PROVIDING REGULATIONS CONCERNING THE OPERATION OF SUCH AMBU- L~CES: PRESCRIBING PENALTIES FOR THE VIOLATION HEREOF: PROVIDING THAT THE TERMS HEREIN CONTAINED SHALL BE SEPARABLE, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION I .AMBULANCES DEFINITION. As used herein, IIAmbulancell shall mean any privately owned vehicle equipped or used for trans- porting the wounded, injured, sick and dead, and shall include emergency vehicles used for such purposes and invalid coaches, but shall specifically exclude funeral coaches. SECTION II LICENSE REQUIRED. It shall be unlawful for any person to operate an ambulance upon the streets of the City of North Richland Hills without first obtaining a license as hereinafter provided from the City Council. SECTION III APPLICATION FOR LICENSE - RATES. Applications for license shall be made upon forms prepared by the Chief of Police and shall contain: (1) The name and address of the owner of the ambulance service. (2) The number and description of ambulances to be used including the make, model, year of manufacture, State of Texas License number for the current year, motor and chassis numbers for each and the length of time such a;nbu- lances have been in use or service. -2- Ordinance 159 (3) The location and description of the place or places fro~ which such ambulances intended to operate. (4) Such other information as the Chief of Po¡ice shall find reasonably necessary to a fair determination of whether the ter~s of this ordinance have been complied with. (5) The agreement of the operator that in the event such license is granted, sixty (60) days notice of discontinuance of ambulance service is to be given by the Operator ~nder such license to the Chief of Police and City Council of the City of North Rich1and Hills, in the event the operator thereof wishes to discontinue amb~lance service thereunder. (6) The maximum rates proposed to be charged for a~bu1ance service by the operator which shall not thereafter be changed without the prior approval of the City Council. SECTION IV ISSUANCE OF LICENSE. Wi~hin fifteen (15) days after receipt of proper application as provided herein, the City Council shall cause a public hearing to be held concern- ing the applicant and his proposed operation. (1) Standards for Issuance of License. The City Council shall deny a license hereunder unless it findsJ (a) That the public convenience and necessity require the proposed ambulance service for which application has been submitted: and in determining whether public convenience and necessity require the licensing of proposed a~bu- lance service, the City Council shall consider whether the public is, at the time of application, adequately served. The financial responsibility of the applicant, the number, kind and type of equipment, the schedule of rates proposed to be charged, the iæ reased traffic congestion upon the streets of the City, the demand for increased parking space upon the streets which will or may result, whether the safe use of the streets by the public, both -3- ORDINANCE 159 -vèhic~lar and pedestrian, will be preserved, and such other factors as the City Co~ncil shall consider relevant. (b) That the applicant propose to maintain a s~fficient n~mber of amb~lances with adequate equipment to efficiently serve the safety and welfare of the citizens of the City ~nder the terms and provisions hereof. Such license shall be conditioned upon the maintenance by the applicant of the number of ambu- lance ~nits that may from time to time be prescribed by the City. (c) That all vehicles to be licensed are to be in good mechanical repair and equipped with tires in good condition of a type and design suitable for trans- porting the injured, to be distinctly mark- ed showing the name of the licensee, to be licensed as an emergency vehicle under the rules of the State Board of Health, and s~ch vehicles to include as accessory equipment siren and red light, two-way radio on freq~ency approved by the Chief of Police, oxygen tank and mask in each vehicle with oxygen pressure maintained at a minimum of one thousand pounds, to include a complete and adequate first- aid kit, and facilities for the ~sual transportation of one patient with an additional cot for transportation of a a second patient when and if needed. (d) That insurance policies as required by this ordinance have been proc~red. (e) That the applicant and all attendants and drivers be fit and proper persons to conduct or work in the proposed business, that each vehicle is to be manned by at least two persons, that the drivers there- of are to have valid Texas Chauffe~r's License, and all personnel to be of good moral charactec, subject to the review of the Chief of Police. -4- ORDINANCE 159 (f) That all rêquirements of this ordinance and all other governing laws and ordinances have been met. SECTION V INSURANCE POLICY. An applicant here~nder shall file with the Chief of Police of the City of North Richland Hills an insurance policy with a rep~table insurance company licensed to do business in the State of Texas, providing insurance coverage on all vehicles with minimum liability coverage of $50,000.00 property damage, $100,000.00 inj~ry or death per person and $300,000.00 liability insurance for each accident or occurrence. (l}Coveraqe Period. Every insurance policy required hereunder for the period to be covered by the license applied for and the licensee shall be obligated to give not less than ten (10) days written notice to the Chief of Police before any cancellation or termination thereof earlier than its expiration date and the cancellation or other terminantion of any such policy shall automatically revoke and terminate the license issued for ambulances covered by such policy, unless another ins~rance policy complying with the provisions of this shall be provided and be in effect at the time of such cancellation or termination. SECTION VI OPE~~TION OF AMBULANCES. No person, firm or corporation within the City shall operate any ambulance upon the public streets of said City unless and until such ambulance has been certifieå for such usage by the Chief of Police and the person operating same shall have complied with all rules and regulations prescribed by this Ordinance, concerning the equipment necessary to be placed upon such ambulance and personnel to perate same. Such requirements shall from time to time be revised or changed so as to provide for the necessary and proper maintenance of eq~ipment of all ambulances operating within the City, and shall apply with equal force and effect to all 9perators thereof. SECTION VII RESPONSE TO CITY OIUGINATED EMERGENCY CALLS FŒQUIRED. Each person making application to operate an ambulance or -5- ORDINANCE 159 ambulance service within the City should be deemed by filing of such application to agree to accept all emergency calls originating fro~ the fire or police departments of the City of North Richland Hills and acceptance of such calls shall be a condition for the continuation of the licensee to operate such ambulance or ambulance service, and such licensee must provide sufficient number of ambulances and crews to be operable on a twenty-four (24) hour per day basis for emergency dispatch as may be required. Such ambulances and ambulance equipment and crews as may be licensed hereunder are to be located, subject to the approval of the Chief of Police, so that an ambulance can reach within a reasonable period of not more than fifteen minutes from the ti~e of call any area within the City Limits of the C ty of North Richland Hills. SECTION VIII PATIBBTS RIGHT TO DESIGNATE HOSPITALS, ETC. Any licensee. hereunder hereby agrees that any patient carried by said ambulance service may designate any hospital to which he wished to be transported and the licensee shall honor s~ch request or designation. SECTION IX .TEAFFIC REGULATIONS APPLICABLE. Nothing contained in this ordinance shall vest or give to any licensee hereunder any special privileges under the traffic laws of the State of Texas or the City of North Richland Hills as regards speed and safe operation of emergency vehicles. SECTION X CHIEF OF POLICE TO SUPERVISE AMBULANCE SERVICE. It is the intent of this ordinance that the citizens of the City of North Richland Hills shall at all at all times have adequate and necessary ambulance service, and to this end, the Chief of Police is authorized to supervise and enforce this ordinance and prescribe such requirements not inconsistent herewith which from ti~e to time shall be deemed necessary to insure that the operators of ambblances or ambulance services hereunder shall be able to render such public service. SECTION XI PAYMENT FOR ~v~ULANCE SERVICE. Any person who shall, with intent to defraud, request the services of an ambulance within the City of North Richland Hills for himself or for a member of his family, having no intention to pay for the same, and any person who shall, with intent to defraud, accept for himself the services of an ambulance within the -6- ORDINANCE 159 City of North Richland Hills, having no intention of paying for the same, shall be guilty of a misdemeanor. The failure to pay for such services within ninety days after they have been rendered, demand for such payment having been made, shall be prima facie evidence of intention not to pay therefor, in' violation of this Ordinance. SECTION XII LICENSEE PROHIBITED FROM RIDING HEARSE SERVICES. No licensee other than a funeral home hereunder shall be allowed to provide hearse service for the transportation to any morgue, mortuary or funeral home, of the body of any person officially declared dead. SECTION XIII CONTINUING VIOLATION. Each act in violation of this ordinance should be considered a separate offense and a separate violation hereof. SECTION XIV Should any work, term or prov~~lJn herein contained be declared invalid or enforceable, such declaration shall have no effect upon the other provisions contained herein. SECTION x:v The fact that the health and welfare of the citizens of North Richland Hills requires the licensing and regulation of ambulance service with the City creates an emergency and renders it mecessary to waive and suspend any ordinance or rule requireing this ordinance to be read at more than one meeting of the City Council and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, This .,.Jß Day of ';1"~~~ , 196i.. (J~ MAYOR CITY ATTORNEY LEGAL AFFIDAVIT THE STATE OF TEXAS: COUNTY OF TAR RANT: Before me, the undersigned authority on this day personally appeare&le snor Lewis known to me to be a credible person. who first being sworn, deposed and upon her oath said: Bookkeeper Mid Cities Daily News That she is the of the , a newspaper which has been regularly and continuously published and of general circulatidtl -in the City/Town of Hurst , for a period of more than one year next preceding the first publication of the attached Legal Notice and that he caused said notice to be published in said newspaper on the following date/so 12/11/66 That the attached is a true and correct copy of said notice as pub- Mid Cities Daily News Hshed on said date/s in said 1~~4~- Sworn to and subscribed before me, this the irdclay of~ 1~6L County , """,. ATTACH LEGAL COpy HERE .. ,."'.1<. . ......-:.::.--- ~.... -~~ :.¡;... ~, Jti ....;..., ..}! '. ..... """.:. ;".~ am- setv.; "Ne to set\1ee. Xl (1)..,.............../ ¡serJption of.'. .. "'~...'. r. .'." ...tlØedèl.'.,.'.. '.... e~âf. ".'" .'.Ö'..t?.'.ttiâ'ö..'..·,'...tbè.'Uth·...... ·..C._. /'.'....'.".....~..'...tätë....,... ,.,...1 ..' of .iT_:!"': 'hIin'itiêr' ~'fèt· ~ the; currènt ~;., moø:"m! cf1áSìiS.., .~......~ the lenøtbQf>j8QeJt~ ~:fíItt. '!ti,.', or I~ :! o.fratel·'~ f.o ..··..............ill. traI- ft¢~tlon upon tbe ·øtreets ,ot/ìbtçøy, tbeclemand for,. 'ctèasécI .ParkinI. apace. upon ø. . ...... wIdeh wm Ql' may ........ wbetber tile øafe uøe 01 / . beth IBCTION V I ~. lNSIJiIt.. 'M!KB.. ". ....... '. .POLI.. <:v...'.... . A. \1.. r....tIIt.·..~.. .sbaUliIt '''iØì... f.Idéf. ,ffPoUêtof·. tilt ,Clt)'~Nortb '~cbJand' H IUs IU ' in$urance po~: wit!!.a reputaf.û.. 'iuuranèe "Oömpany ~If~'to dO b~ in the I..... ôf Téxas, provldin¡ in- i~COVeraceOD.. ..an. ve- ,~ with mfnlmwn ,.liability 'co"'.,e . .,~..·..1GO,~~'fpr<lper- . *¥!f8mai"jþ,OOI).~;inm;: death per .~~.... liabiUty ~ee,~ ~ac- cident 01' oeçII'eace. ' ,(1) ~~e~~ i£v- fJry insurar1el;'~ . ~ .~ ~;;..pèr1ocI,t.crþe t(I~ . by ·1j·...··..Uðénseapþlied ·têtänd the. .,~ ~be oþ1lgatA!d. to . '. _ . than 'ten (10)4111"; ." ~eto th1î Chief of'before any canceßaUon or termination thereof earlier _ its expira- tion date and tB.1tcanœllation or otbeti!e~~n of >ar1Y . such poUe,sbalt Jt¡tomatiçally m-oJœ aDd terntinate the. Ii- êense./~ for . ambulances eôv~ bJ,;~I!,po1icy, ""'ess ~~.;polfcy .eôm· plying _the þr'OYislons of tId8 .... M~ änd be : in ... at . time of such I ~anoeItatiøa or' termination. SECTION VI OPERATION OF AM- BULANCES. No person, firm 01' corpo,atlon within..· City ~ operate ,any amÞ1J1at¡çe gpoø... '~'" public $treets...,:, ~~ Cltt~ änd until.' ".am- bulanee_been . ~...lor such 'U$åJe by the . Chief of Police aM the person· operat- Ing sam~shaU . have 'thei~~t_.;I, ...,. to be p~uþor( sucb antbulauee 8Dd.personnel . to ø¡Ø!rale ' 0tmI. . SUchreqqlre- meaÞ:abìjß . from time.. tbò8 beHviøcl or changed 'so IìS to p~lór tbe,nece8Ia11i u.xI. . proper mafnte1ìance , ofeqwp. ! meat or an .ambu1~ op" etatingwithin the City, an d shall apply with" equai force and eUectto an operators thereof. . , . SECTION VII RESPONSE TO C I T Y œlGINtATØ) ~1QNÇY . . ..... . . ,',i\,P;] :- bUIØoIt,·· ~trithfII '.. City ~,"~"fUJnc of 81tCh app11cation to agree to ac- cept, aU emer¡ency can. orl¡1- md:InI from tbeflreor pOJ1ce departmeDtI. .. of the CIty of North·1UcJIlQd HiDI and ac- ceptance of.. IhaJ1 .. a condition for the contInUation of the Ucen8ee to' operate I1ICh ~ or. ar:nbu1aIIce '1è1"V- ke,_ .,1Ud1 1iceœee m. .... ··1IJftkdem number of --'P'V- and crèwI to be oper. .. . ..... ~) hour per cIaJ .iII lor .emer- PW~ 'fi'OR AMBU. LANCI!:. .WGE. Any pet10B J who. . intent to de- , .uti," , ..,. the services of in ambuiá~e ,,,,iµUn the·, City ,of. ~9rth Jtlçh!""d~I1a." f·~ ri himself, Òl'fqr.,. AJ1~~ . i.<If his famil)', havm,gnò Intemion to pay for the Same, ~d any person ~ho . shall, with intent to defraud, acceptf&r himself the services of an . ambulance with- in the CII of North Riebl lillis, ha~g no'" intention of pàymg for.the.~" shan be þUi¥ of a , misdemeanor. The r.n.-e to:P'Y forauch services ,~. 'days. after t Þ ey- '6å~ ",~,~ ~ ·befId . . ',' be~ f'teté 01 inte~ not to pay- : in violation of this Otdfri~e. SECTION m LIcENS~ . PROHIBIT- EDFRQ1\fJUDING HEARsE SE~Vt~.~o licensee other than,. ~àlboIl)8hereunder shail" be '. allo"edto provide beärte . ~~'., for. the trans- ! ~'·.·1Df niorgue, mer;. ., Ql' fuaeralhøme, of tbe ~ ::........ offieta11J ØCft'c:)N _ ~, flOLA. TION. ~,JCt·fD· of this or... . COD> sideted ~..~ ' . " aDd a 'Bepafattt~~ODhtteof. SJX\',rJQtq XlV. ~~~:Jírt:= := tfeêlared 'h1valld or enforce.:, able, sucb ì1 ....~. ~""~ ~ ~XV'<.. ; . .The·,tact'.<tbat .'üte.·hea1th . àDcI. ",eltate' .of.·i11ø·dtJaèns of ~-'requiru '. ., lUJd......tIonof '. .' '.sêI'VJCe~ t be City-Cf!i~"",~ency and ~...1t'.'~. to waive an4..'~ . any' otdinance Ql' rUle ~ this ordinance to þè readatDlOl'e thllD one meet- klB91,·thè.Cify 'CoImclland it ilÌacci>rcfiDì1ýso . ordained. PASSEl) AND .,. APPROVED BY THE' CITY COUNCIL OF THE CITY OF NOaTH RICH-. LMfD~";."-of NO'fêrnbèr,U8t.. ....... -~ s- Calvin P:' I..upet MAYOR A'M'EST: ... Evalyn R.Reed City Secretary APPROVED, AS TO P'Om! AND LEGALITY: 8-Marlon Mas.sey I CITY ATTORNEY I4a1 ta7 PubØIh IN1"