Ordinance No. 6371.2
ORDINANCE NO. 637
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADDING CHAPTER 2A TO THE CODE OF THE CITY OF CYPRESS
RELATING TO THE REGULATIONS OF AMBULANCES.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2A, "Ambulances ", hereby is added to the Code
of the City of Cypress to read as follows:
CHAPTER 2A
AMBULANCES
Sec. 2A -1. Intent and Purpose.
It is the intent of this Chapter to prescribe the basic regulations
for the operation of ambulances and convalescent transport vehicles in the
City of Cypress in emergency and non - emergency situations for the care and
transportation of persons needing such services. It is the purpose of the
City Council in enacting this Chapter to provide a fair and impartial means
of selecting responsible private operators to engage in ambulance and con-
valescent care and transportation in the public interest and to prevent the
deleterious effects of unregulated competition in such service. In addition,
it is the desire that this Chapter be used by all incorporated cities of this
County to the extent feasible, as a model city ordinance,to eliminate or mini-
mize duplicating regulations and to assure the smooth and coordinated delivery
of such services in Orange County.
Sec. 2A -2. Definitions.
The following terms, as used in this Chapter shall, unless the context clearly
indicates otherwise, have the respective meanings herein set forth.
(a) Ambulance means a motor vehicle specifically constructed,
modified, equipped, or arranged and operated for the purpose of trans-
porting patients requiring emergency service.
(b) Convalescent Transport Vehicle means a motor vehicle specially
constructed or modified, equipped or arranged and operated for the purpose
of transporting patients not requiring emergency service.
(c) Ambulance Service means any private person who operates one or
more ambulances. Ambulance service shall not include a person who maintains
ambulances for the use of his own employees.
(d) Convalescent Transport Service means any private person who operates
one or more convalescent transport vehicles.
(e) Ambulance Service Operator means any person who operates an
ambulance service.
(f) Ambulance Attendant means a qualified person acting as an attendant
on an ambulance responding to a call and who occupies the patient compartment
while transporting any patient in apparent need of medical attention.
(g) Business means any trade, business, occupation, practice or pro-
fession.
(h) City means the City of Cypress, State of California, County of
Orange.
(i) Department means Public Health and Medical Services of the Human
Services Agency - County of Orange.
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(j) Driver means any qualified person who operates an ambulance
while responding to a call and while transporting any patient.
(k) Emergency means a request for the immediate dispatch of an
ambulance to transport or provide other assistance for a person apparently
having a sudden unforeseen need or immediate emergency medical attention.
(1) Emergency Service means the service performed in response to
an emergency call.
(m) Patient means a wounded, injured, sick, invalid, convalescent,
or otherwise incapacitated person.
(n) Person means any individual, firm, corporation, partnership,
association, or other group or combination acting as a unit.
(o) Licensee means any ambulance service or convalescent transport
service which has been regularly granted a license to engage in the am-
bulance service or convalescent transport service.
(p) Public Safety Agency means any public law enforcement, fire
protection agency, lifeguard, or forest ranger operating in Orange County.
(q) Health Officer means the Orange County Health Officer.
Sec. 2A -3. Need and Necessity.
(a) Required. It shall be unlawful for any person either as owner,
agent or otherwise, to operate; conduct, advertise, or otherwise engage
in or profess to be engaged in the business of ambulance service or conva-
lescent transport service upon the streets, or any public way or place in
the City, without possession of a license issued pursuant to this Chapter.
A licensed ambulance service may provide convalescent transport service
without the necessity of an additional license. No license may be trans-
ferred by operation of law or otherwise:
(b) Exceptions. The provisions of this Chapter shall not apply to:
(1) Vehicles operated as ambulances or convalescent transport
vehicles at the request of local authorities during any "state of
war emergency," "state of emergency," or "local emergency," as
defined in the Government Code.
(2) Ambulances or convalescent transport vehicles transporting
a patient from a location outside the incorporated territory of the
City regardless of destination.
Sec. 2A -4. Specification of Emergency Response Areas.
All ambulance service licenses shall specify the City territory, if any,
within which the licensee may provide emergency ambulance service and no
ambulance service operator shall provide emergency ambulance service for
ambulance calls originating within the City but outside the territorial limits
fixed in the license.
(a) Exceptions. A licensee may provide emergency service for ambulance
calls originating outside the territorial limits fixed in the license issued
to him:
(1) Upon request by any City public safety agency when such public
safety agency has made reasonable attempts to utilize an ambulance ser-
vice within the emergency response area.
(2) Upon request of any person for emergency ambulance service
when an ambulance is not immediately available in the emergency res-
ponse area from which the request originates.
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(3) Upon request of another license holder who does not have an
ambulance immediately available in the emergency response area from
which a request originates.
(4) To provide return ambulance service to a person who originally
used licensee's services for ambulance transportation to a destination
outside of his service area.
(5) To provide ambulance service pursuant to a written contract
between the licensee and a facility licensed pursuant to Division 2,
Chapter 2, Health and Safety Code, or licensed physician, provided
that the Health Officer has received, prior to the provision of such
service, a copy of such contract.
Sec. 2A -5. Application.
(a) Procedure and Information Required. Applicants for ambulance
service license shall file with the Department an application in writing,
on a form to be furnished by the Department, which shall give the following
information:
(1) Name and description of applicant.
(2) Business address and residence address of record of the
applicant.
(3) Trade or firm name, or DBA as recorded.
(4) If a corporation, a joint venture of a general or limited
partnership, the names of all partners and officers, their permanent
addresses and their percentage of participation in the business.
(5) (i)
applicant
transport
qualified
A statement of facts showing the experience of the
in the operation of an ambulance service or convalescent
service and demonstrating that the applicant is
to render efficient ambulance service or convales-
cent transport service.
(ii) A photocopy of the license issued by the Commissioner of
the California Highway Patrol to privately owned ambulance companies
(in accordance with Section 2501, California Vehicle Code) shall
be appended to the application.
(6) The geographical boundary of the territory requested for
emergency responses.
(7) A statement that the applicant owns or has under his control,
in good mechanical condition, required equipment to adequately conduct
an ambulance service or convalescent transport service in the territory
for which he is applying, and that the applicant owns or has access
to suitable facilities for maintaining his equipment in a clean and
sanitary condition.
(8) A list, amended as required during the year for any changed,
substituted, loaned or leased vehicles, giving a complete description
of each ambulance vehicle or convalescent transport vehicle operated
by the applicant, including the patient capacity thereof,and a copy
of the most recent Ambulance Inspection Report issued by the California
Highway Patrol for each ambulance.
(9) An affirmation that each ambulance or convalescent transport
vehicle and its appurtenances conform to all applicable provisions
of this Chapter, and applicable provisions of City and State laws
and regulations.
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(10) A statement that the applicant employs sufficient per-
sonnel adequately trained to deliver ambulance services of good
quality, according to personnel provisions of the ordinance, at
all times in the applicant's proposed service area.
(11) A list, amended as required during the year for any
personnel changes, giving the name and a description of the train-
ing for each ambulance service or convalescent transport service
employee, and a copy of each certificate or license issued by the
State or County establishing qualifications of such personnel in
ambulance or convalescent transport operations.
(12) A statement that shows to the satisfaction of the Depart-
ment that the issuance of a license is in the public interest and
there is a need for a license to be issued in that there is a
requirement for ambulance service or convalescent transport service
which can be legally served by the applicant.
(13) Such other facts or information as the Department may
require.
(b) Renewal of License. Applicants for renewal of an ambulance
service license under this Chapter shall file with the Department an
application in writing, on a form to be furnished by the Department,
which shall include the information required in Subsections 1, 2, 3, 4,
5 (ii), 6, 7, 8, 9, 10, 11, 12, 13, above.
(c) Convalescent Transport Services. Applicants for original or
renewal license of a convalescent transport service license under this
Chapter shall file with the Department an application in writing, on a
form to be furnished by the Department which shall include the infor-
mation required in Subsections 1, 2, 3, 4, 5 (1), 7, 8, 9, 11, 12, 13
above.
Sec. 2A -6. Investigation and Public Hearing by Health Officer.
Upon the receipt of a completed application for ambulance service or
convalescent transport service, together with the application fee established
by resolution of the Board of Supervisors,the Health Officer shall conduct an
investigation and hold a public hearing to determine if the public health,
safety, welfare, convenience and necessity require the granting of a license_
and to further determine if the applicant meets all the requirements of this
Chapter. In making such determination,the Health Officer shall consider,
among other things, the demand for ambulance service and the adequacy of
existing service. At least 15 days written notice of said hearing shall be
given by registered mail to the applicant and to all persons holding ambulance
service licenses. Notice shall be given to the general public by posting in
the Orange County Hall of Administration at least 15 days prior to said hearing.
Sec. 2A -7. Issuance or Denial of License.
Following the above hearing, the Health Officer may order the issuance
of a license to conduct an ambulance service or convalescent transport service
if he finds:
(a) That the public health, safety, welfare, convenience and
necessity requires such ambulance services, including any requested
emergency response areas.
(b) The applicant is financially responsible and otherwise able
to provide the requested service.
(c) The applicant and any officers of applicant are of good moral
character and are likely to provide ambulance services in a satisfactory
manner° In making said determination, the Health Officer shall consider
whether any such person:
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(1) Has previously provided satisfactory ambulance services;
(2) Has committed any act which, if committed by any licensee,
would be grounds for the revocation of a license issued pursuant to
this Chapter;
(3) Has commit ted any act involving dishonesty, fraud or
deceit with the intent' to injure another or benefit himself or
another;
(4) Has previously violated the terms of this Chapter;
(5) Has been convicted of a felony or a crime involving moral
turpitude;
(6) Has knowingly made a false statement of fact in such
application.
(d) In determining the effect of the above acts or convictions,
the Health Officer shall consider whether they are related to the
activities of an ambulance service or convalescent transport service and
shall evaluate the rehabilitation of such person.
(e) In the event of denial, the applicant shall be informed in
writing of the reasons therefor.
Sec. 2A -8. Liability Insurance.
The licensee shall obtain and keep in force during the term of said
license, comprehensive automobile liability insurance and professional lia-
bility insurance issued by a company authorized to do business in the State
of California, 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 convalescent transport vehicle, 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 Five Hundred Thousand Dollars ($500,000)
for combined single limit, bodily injury and property damage. Said pro-
fessional liability insurance shall be in the sum of not less than One
Million Dollars ($1,000,000) per person and One Million Dollars ($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 Department. 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 compre-
hensive automobile liability insurance shall be subject to review and adjust-
ment by the City annually at the City's option.
Sec. 2A -9. Renewal of License.
Licenses may be renewed annually by the Health Officer upon application
of the licensee, if the Health Officer determines that public health, welfare,
need and necessity still exists for the license holder and the license holder
has, during the period of the expiring license, operated in conformity with
the provisions of this Chapter and the rules and regulations of the Department,
and that he is capable of continuing operation in conformity with the rules
and regulations of the Department.
Sec. 2A -10. Amendment of License.
Any license holder may apply to the Health Officer for an amendment to
terms of his license. Such request shall be processed in the same manner as
an original application, provided the Health Officer may waive those require-
ments deemed unnecessary.
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Sec. 2A -11. Term of License.
A license shall remain in effect for a period of one (1) year.
Sec. 2A -12. Notification.
In the event of a change in ownership or management of any kind or nature,
any interruption of service of more than twenty -four (24) hours duration, or
any substantial change in staffing or equipment of the ambulance service or
convalescent transport service, the license holder shall notify the Health
Officer immediately in writing, stating the facts of such change.
Sec. 2A -13. Appeal to the City Council.
In the event of denial, suspension, revocation of a license, or attendant
or driver certificate, the applicants or licensee or certificate holder shall
have the right to request a hearing before the City Council.
Sec. 2A -14. Emergency Service Availability.
Each ambulance service operator having an emergency response area shall
provide emergency ambulance service on a continuous twenty -four (24) hour
per day basis. If for any reasons such ambulance service is interrupted,
the license holder shall immediately stop any advertisement of emergency
services which have been interrupted and notify the Health Officer immediately
and shall state reasons and justification. Other affected public safety
agencies shall be notified by the license holder in a timely fashion.
Sec. 2A -15. Ambulance Personnel.
(a) Ambulance Driver and Attendant.
An ambulance attendant or driver utilized by a license holder shall
be at least eighteen (18) years of age, shall be trained and competent
in the proper use of all emergency ambulance equipment; shall hold
current certification as an EMT -1 and shall demonstrate compliance with
all applicable State laws and regulations. An ambulance driver or ambu-
lance attendant who is a California licensed physician, Registered Nurse,
or a paramedic currently certified by the Orange County Health Officer
shall be exempt from the emergency medical training requirements of
this section.
(b) Every ambulance driver and attendant utilized by a license
holder shall hold a certificate from the Health Officer indicating com-
pliance with the requirements of this section.
(c) Applications for such certificate shall be in the form required
by the Health Officer and shall be accompanied by the fee established by
resolution of the Board of Supervisors.
(d) Certificates may be denied or revoked by the Health Officer
if he finds, after a hearing, that the applicant does not comply with
the requirements of this section.
(e) Certificate shall remain in effect for a period of two (2)
years.
Sec. 2A -16. Suspension and Revocation of Licenses or Certificates.
The Health Officer shall be empowered to suspend a license or certificate
pending a hearing if he determines such action is necessary to protect the
public health, safety or welfare. The period of such suspension shall not
exceed sixty (60) days. The Health Officer shall also be empowered, after
conducting a hearing, to revoke a license, or certificate. Suspension and
revocation shall be on the grounds that the license or certificate holder,
or any partner, officer or director:
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(a) Violated any section of this Chapter, any applicable regu-
lations promulgated by the Department or any applicable State laws or
regulations concerning ambulance services.
(b) Has committed any acts which would constitute grounds for
denial of a license or certificate.
The certificate holder or licensee shall be given written notice of
the reasons for the proposed revocation, together with the time and place
of the hearing thereon, which notice shall be given at least fifteen (15)
days prior to the hearing.
Sec. 2A -17. Ambulance Rates.
No licensee shall charge more than the following rates for ambulance
or convalescent transport service:
(a) One patient.
The uniform schedule of rates that may be charged for ambulance service
and convalescent transport service shall be set by resolution adopted by
the City Council. Said rate schedule is incorporated herein by reference,
and is on file in the office of the Clerk of the City Council. Said rate
schedule shall be adopted by the City Council following a public hearing.
(b) Two or more patients.
(1) Each stretcher or gurney patient carried at the same time
may be charged the full base rate for response to the call and half
the mileage rate.
(2) Each ambulatory sit up patient shall be charged the base
rate for response to the call and half the mileage rate.
(c) No charge shall be made for uninjured or well persons who accom-
pany a patient.
Sec. 2A -18. Emergency and Disaster Operation.
During any "state of war emergency," or "state of emergency" or "local
emergency," as defined by the Government Code of the State of California,
each ambulance service and convalescent transport service shall provide equip-
ment, facilities, and personnel as required by the Chief, Medical and Health
Services, whenever the Medical and Health Annex to the County Emergency Plan
is activated.
Sec. 2A -19. User Complaints.
Any user or subscriber to an ambulance service or convalescent transport
service, contending that he has been required to pay an excessive charge for
service or that he has received inadequate services may file a written complaint
with the Department setting forth such allegations. The Department shall notify
the ambulance service or convalescent transport service of such complaint,
and shall investigate the matter to determine the validity of the complaint. If
the complaint is determined to be valid, the Department shall take reasonable
and proper actions to secure compliance with the conditions of this Chapter.
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Sec. 2A -20. Regulation and Enforcement.
(a) The Health Officer shall make necessary and reasonable rules
and regulations covering ambulance and convalescent transport service
operation, ambulance and convalescent transport equipment, ambulance
and convalescent transport vehicles, ambulance and convalescent per -
sonnel, and standards of dispatch for the effective and reasonable
administration of this Chapter. Prior to adoption, said regulation
shall be submitte'd to the Fire Chiefs Association and the Emergency
Medical Care Committee for their comments and to the City Council
for approval.
(b) The Health Officer shall inspect the records, facilities,
vehicles, equipment and methods of operation of each license holder
at least annually and whenever such inspections are deemed necessary.
Sec. 2A -21. Compliance with State Law and Regulations.
A licensed ambulance service or convalescent transport service shall, in
order to maintain the license, comply with all applicable provisions of State
law or State regulation.
Sec. 2A -22. Variances.
The Health Officer may grant a variance from the terms of this Chapter
if he finds such action is necessary to protect the public health, safety,
or welfare. Such action may include the issuance of temporary ambulance or
convalescent transport service licenses. Such variance or temporary license
shall remain in effect for the period indicated by the Health Officer but
not to exceed one hundred eighty (180) days.
SECTION 2. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this ordinance, or the application thereof to any person
or place, is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this ordinance or its
application to other persons or places. The City Council hereby declares
that it would have adopted this ordinance, and each section, subsection,
subdivision, sentence, clause, phrase,or portion thereof, irrespective of
the fact that any one or more sections, subsections, subdivisions, sentences,
clauses, phrases, or portions, or the application thereof to any person or
place, be declared invalid or unconstitutional.
SECTION 3. The City Clerk hereby is authorized and directed to certify
as to the passage of this ordinance and to give notice thereof by causing
copies of this ordinance to be posted in three public places within the
City.
FIRST READ at a regular meeting of the City Council of said City held
on the 22nd day of January 1979, and finally adopted and ordered posted at
a regular meeting of said Council held on the 13th day of February 1979.
ATTEST:
CITY CLERK OF THE CYTY /' F CYPRESS
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MAYOR OF 'E CITY OF CYPRESS
•
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Ordinance was duly adopted at a regular meeting of the
said City Council held on the 13th day of February 1979; by the following roll
call vote:
AYES: 5 COUNCIL MEMBERS:
NOES: 0 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS:
Evans, Lacayo, MacLain, Rowan and Hudson
None
None
CITY CLERK OF THE CIl�
OF CYPRESS