Chapter 3A - AMBULANCES#

ARTICLE I. - IN GENERAL#

Sec. 3A.1. - Definitions.#

Ambulance. As used in this chapter, "ambulance" shall mean any vehicle designed, equipped and used to carry or to transport sick, wounded or injured persons.

Ambulance driver. "Ambulance driver" as used in this chapter, shall mean any person employed to drive or actually engaged in the driving of an ambulance.

Ambulance operator. "Ambulance operator" as used in this chapter, shall mean any person, firm or corporation engaged in the business of carrying or transporting sick, wounded or injured persons by means of an ambulance.

Person. "Person" as used in this chapter, shall mean individual, firm, partnership or corporation.

(Ord. No. 63-40, § 2)

Sec. 3A.2. - Permit to operate ambulance—Required.#

It shall be unlawful for any person to engage in the business of operating an ambulance within the city, or from a point within the city to a point outside the city, without first having obtained a permit to operate an ambulance authorized by the city council upon application duly made in the manner herein provided and compliance by applicant with the requirements of this chapter; provided, that the city council may deny such permit if it should determine that public convenience and necessity do not require the issuance thereof.

(Ord. No. 63-40, § 3)

Sec. 3A.3. - Same—Application; contents.#

Any person desiring to obtain a permit for the purpose of operating an ambulance service within the city or from within the city to a point outside the city as herein provided shall file with the city license inspector an application accompanied by a sworn statement setting out the following:

A. Name of all persons having an interest in the equipment or business, business and residence address and citizenship status of person desiring such permit.

B. The location, description, capacity and hourly availability of ambulance or ambulances owned or operated by operator.

C. The make, model and distinguishing color scheme and scheme and design, including any monogram or insignia to be used on each ambulance.

D. That such vehicle or vehicles intended to be used for ambulance services have been inspected and cleared by the California Highway Patrol and ambulance identification card and ambulance license have been issued pursuant to the provisions of Section 2510 et seq. of the Vehicle Code [and Article 1, Subchapter 5, Title 13 of the California Administrative Code].

E. That the permit fee provided by section 3A.4 has been deposited with the city license inspector.

F. The experience of the applicant in the transportation and care of the sick, wounded or injured persons.

G. The names, addresses and experience in first aid of each driver or helper employed or to be employed and his driving experience.

H. Description of central location or housing facilities where each ambulance is to be located, which housing facilities shall be subject to the approval of the city manager.

I. That the applicant carries public liability insurance in a minimum of one hundred thousand dollars ($100,000.00) for injuries to one person and a minimum of three hundred thousand dollars ($300,000.00) for injuries to two (2) or more persons and property damage in the minimum amount of ten thousand dollars ($10,000.00); and that such policy shall carry an endorsement protecting the city against any claims or demands as a result of persons injured or killed or property damaged as a result of the operation of the ambulance or ambulances operated by the applicant. A copy of such policy or policies to be deposited with the city clerk, together with an endorsement thereon, requiring the carrier to notify the city ten (10) days in advance of an intended cancellation or any material change in such coverage. Further, that such insurance policy must meet the approval of the city attorney.

J. Acknowledging receipt of and agreeing to comply with the rules and regulations governing ambulances as provided by Chapter 3A of the Oceanside City Code and the provisions of the California Vehicle Code and the California Administrative Code governing ambulance operation.

(Ord. No. 63-40, § 5; Ord. No. 71-1, § 1, 1-13-71)

Sec. 3A.4. - Same—Inspection fees; issuance.#

(A) Upon filing an application for an ambulance driver's permit as provided by section 3A.3, the applicant shall deposit with the city license inspector a fee in the amount of ten dollars ($10.00) to cover the cost of permit application processing by the City of Oceanside.

(B) If the city council determines that public convenience and necessity warrant the granting of a permit, it shall grant such permit, and the city license inspector shall issue a permit to the applicant, provided the applicant has paid all fees required herein and the business license fee required. Such permit shall be in such form and of such material as the city manager shall provide. The permit or permits shall be affixed to and prominently displayed on the rear of each vehicle.

(Ord. No. 63-40, § 6; Ord. No. 71-1, § 2, 1-13-71)

Sec. 3A.5. - Same—Grounds for revocation.#

The city council shall have the right to revoke or suspend an ambulance operator's permit upon any of the following grounds:

A. That the permit was procured by a false or fraudulent statement of a material fact, when such fact, if it had been disclosed, would have constituted a just cause of refusal to issue a permit.

B. If the permittee fails to keep in full force and effect the policy of insurance required by this chapter.

C. If a permittee charges rates in excess of those established by the city council.

D. That the ambulance service is not furnished on the full hourly schedule set forth in the application for permit.

E. That the ambulance owner has failed to maintain in full force and effect the ambulance license required by the California Vehicle Code and has failed to comply with the provisions [of Section 1106 of Subchapter 5 of Title 13 of the California Administrative Code] setting forth the requirements for operation of privately owned ambulances and all other rules and regulations by statute or otherwise of the State of California or the provisions of this chapter.

(Ord. No. 63-40, § 7; Ord. No. 71-1, § 3, 1-13-71)

Sec. 3A.6. - Ambulance driver's permit; required.#

No person shall drive an ambulance for pay or hire within the city, or from a point within the city to a point outside the city, without having first obtained a permit to drive an ambulance upon the streets of the city as herein provided.

(Ord. No. 63-40, § 4)

Secs. 3A.7—3A.9. - Reserved.#

Editor's note— Ord. No. 71-1, § 3, enacted Jan 13, 1971, repealed former §§ 3A.7—3A.9, pertaining to ambulance drivers permit, derived from Ord. No. 63-40, §§ 8, 9 and 13.

Sec. 3A.10. - Requirements; license.#

No ambulance shall be approved for operation or use under any ambulance operators permit unless and until it has met the requirements of Article 1, Subchapter 5, Title 13 of the California Administrative Code and has the necessary ambulance license issued pursuant to the provisions of Section 2510 of the California Vehicle Code.

(Ord. No. 63-40, § 10; Ord. No. 71-1, § 5, 1-13-71)

Sec. 3A.11. - Rates of charges.#

The city council shall be and it is hereby authorized and empowered to establish and keep on file with the city clerk a maximum rate schedule which may be charged by ambulance operators issued a permit under this chapter. Such rates shall be established by resolution and may be changed from time to time. Copies of such rate schedule shall be posted in a conspicuous place in each ambulance and shall also be posted in the premises where the ambulances are stationed.

(Ord. No. 63-40, § 11)

Sec. 3A.12. - Promulgation of rules and regulations.#

The city manger shall promulgate a set of rules and regulations describing the duties and procedures to be observed and complied with by an ambulance permittee and an ambulance driver, which rules and regulations and amendments thereof shall be approved by the city council. Such rules and regulations and amendments, when approved by the city council by resolution and filed with the city clerk, shall constitute enforceable provisions of this chapter and violations thereof shall be subject to the penalty provided by this chapter. Copies of such rules and regulations and any amendments thereof shall be delivered to each ambulance operator at the time the permit is issued.

(Ord. No. 63-40, § 12)

Sec. 3A.13. - Exclusive franchise may be awarded.#

The city council may award an exclusive franchise to one operator if in the opinion of the city council the best interests of the city would be served.

(Ord. No. 63-40, § 14)

ARTICLE II. - ESTABLISHMENTS OF EMERGENCY AMBULANCE SERVICE#

Footnotes: --- (1) --- Editor's note— Ord. No. 73-8, § 1, adopted Feb. 28, 1973, amended Ch. 3A by adding provisions designated as Art. II, §§ 3A.14—3A.16, to read as herein set out. Secs. 2—5 of said ordinance, relating to purpose, codification, publication and effective date were omitted at the discretion of the editors.

Sec. 3A.14. - Purpose.#

For the purpose of safeguarding the health, safety and general welfare of the City of Oceanside, the city council of the City of Oceanside hereby establishes emergency ambulance service. Any person who has been injured in an accident or is ill and is in need of immediate transportation shall be given immediate transportation to a hospital. The city council of the City of Oceanside hereby determines that the operation of an emergency ambulance serve by the fire department of the city will enable the residents thereof to have more sufficient and reliable emergency ambulance service for the City of Oceanside. The fire chief shall operate, maintain, establish and administer the emergency ambulance service within his department so as to provide efficient and reliable emergency ambulance service consistent with available funds therefor.

(Ord. No. 73-8, § 1, 2-28-73)

Sec. 3A.15. - Establishment of rules and regulations.#

The fire chief is hereby authorized and empowered to adopt such rules and regulations as may be deemed reasonably necessary to protect, operate and maintain the emergency ambulance service and also to control and regulate the proper use thereof; provided, however, that such rules and regulations shall not become effective until approved by the city council of the City of Oceanside and a copy of such rules and regulations is filed with the city clerk.

(Ord. No. 73-8, § 1, 2-28-73)

Sec. 3A.16. - Fee for emergency ambulance service.#

The rules and regulations prepared by the fire chief and approved by the city council shall include a fee schedule for such patient transported by the emergency ambulance operated by the fire department of the City of Oceanside. The city council may adopt and may from time to time amend said fee for the use of such emergency ambulance service by approving the rules and regulations prepared by the fire chief. Any person utilizing the emergency ambulance shall reimburse the city for the cost of transportation as provided in this aforementioned fee schedule. The city council of the City of Oceanside hereby determines that the actual cost of transportation shall be in accordance with a schedule or fee to be adopted by the council as a part of the rules and regulations prepared by the fire chief. Said rules and regulations may provide that fees shall be paid in cash or by an approved method of deferred payment and in addition thereto, the rules and regulations may provide for a procedure for the charging and billing for such emergency ambulance service.

(Ord. No. 73-8, § 1, 2-28-73)