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HomeMy WebLinkAbout3535 ,-~ ~. '- ~istribution: ~ City Attorney~/ ~ Bremerton Sun J for Emergency Medical Care and Transportation. THE CITY OF BREMERTON DOES HEREBY ORDAIN SECTION 1: DEFINITIONS. A. "Ambulance" means any privately or publicly-owned vehicle that is especially designed, constructed, equipped, maintained or used for the transportation of patients who are sick, injured or otherwise incapacitated, which is operated as part of an ambulance service for hire. B. "Ambulance Service" means any person, as hereinafter defined, who operates an ambulancefor hire which is either stationed within or without the city or dispatched from within or without the city to pick up injured or sick fares within the city or which makes trips to the city, from points outside its city limits, for the purpose of transporting-sick or injured fares from points within the city; provided, however, that the provision of this chapter shall not apply to any ambulance which shall pass through the city in the delivery of fares picked up at points beyond the limits of the city. C. "Medical Attendant" means any trained or otherwise qualified individual, responsible for the operation of an ambulance and the care of the patients whether or not the medical attendant also serves as a driver. D. "Communication System" means two-way radio communica- tions between ambulances, dispatchers, hospitals and other agencies as needed. A four bank multi-frequency capability is acceptable. E. "Patient" means an individual who is sick, injured, wounded or otherwise incapacitated or helpless. F. "Person" means any individual, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose or organization of any kind, including any governmental agency other than the United States. -- i -- SECTION 2: LICENSE REQUIRED A. No person shall operate an ambulance pr ambulance service, unless licensed to do so by the City of Bremerton. B. No such license shall be issued unless 1. The applicant has fulfilled all the requirements of RCW 18.73 and as hereafter amended pertaining to Emergency Medical Care and Transportation Services. 2. The applicant has met all the requirements of this Ordinance and 3. The applicant has filed a copy of liability insurance policy or policies showing evidence of coverage in accordance with Section 3 of this Ordinance. The limits of such liability insurance shall be not less than three hundred thousand dollars per person and five hundred thousand dollars per accident and property damage liability coverage is to be not less than fifty thousand dollars. SECTION 3: LICENSE APPLICATION All applications to operate an ambulance or ambulance service shall be submitted in writing to the Bremerton City Clerk on forms provided by the City Clerk for that purpose. If all the requirements of this ordinance have been met, said license application shall be approved and the Clerk shall issue the license. The application shall at a minimum, contain the following information: A. Name, home address and telephone number of the applicant; B. Business name under which the ambulance service will be operated within the cit~ together with business address and telephone number; C. In case of a corporation, the name and address of the officers and directors of such corporation, and in case of a partnership, the name and address of each general or limited partner; D. A description of each ambulance, including the make, model, year of manufacture, motor and chassis number, together with current state license number; the length of time the ambulance has been in use and the color scheme, insignia, name, monogram or other - 2 - ~ distinguishing characteristics to be used to designate applicants' ambulance; , E. The location and description of the place or places from which the ambulance service is intended to operate and the number of licensed medical attendants to be initially employed. SECTION 4: LICENSE STANDARDS, INSURANCE A. No ambulance operator's license shall be issued, nor shall such license be valid after issuance nor any ambulance be operated in the city unless the operator shall deposit with the City Clerk a policy or policies of liability insurance, or certified copies of same, together with evidence of premium payment, issued by a responsible insurance company to be approved by the City, and naming the City as an additional insured which insures against all claims for personal injury, death, malpractice, errors and omissions and property damage arising out of the operation of said ambulance and the care of patients. The insurer shall be a company licensed to do business in the state. The limits of said policy shall be not less than specified in Section 1. B. Said insurance policy shall be submitted to the City Clerk for approval prior to the issuance of each ambulance license. Satisfactory evidence that such insurance is at all time in full force and effect shall be furnished to the City Clerk, in such form as he may specify, by all licensees required to provide such insurance under the terms of this chapter. C. Every insurance policy required under this section shall contain a provision for continuing liability thereunder to the full amount thereof, notwithstanding any recovery thereon, that the liability of the insurer shall not be affected by the insolvency or the bankruptcy of the insured, 'and that until the policy is revoked the insurance company will not be relieved from liability on account of nonpayment of premium, failure to renew license at the end of the year, or any other act or omission of the named insured. D. Every insurance policy required under this section shall extend for the period to be covered by the license applied for and the insurer shall be obliged to give not less than thirty days' - 3 - 'written notice to the City Clerk and to the insured.before any cancellation or termination of the policy earlier than its expiration date, and the cancellation or other termination of any such policy shall automatically revoke and terminate any license issued for the ambulances covered by such policy, unless a substitute insurance policy complying with the provisions of this section shall be provided and be in effect at or prior to the time of such cancellation or termination. SECTION 5: CITY FIRE DEPARTMENT AID CAR In the event that the city's fire department operates an aid car, then in such event, the fire department reserves the right to respond to any emergency situation and/or the transportation of any patient to a hospital when: A. The patient is in critical condition and no licensed ambulance is immediately available; or B. There is a lack of ambulance or ambulances to timely respond to the scene; or C. When a number of patients are in dire need of transportation to a hospital and a bona fide emergency exists, or D. The officer in charge determines that special circum- stances exist requiring transportation of a patient by public aid car. In all other cases, an ambulance licensee shall transport the patient to the hospital when the custody of the patient has been released to such licensee. No effort shall be made by the licensee to assume the custody of a patient before release of custody has been made by the officer in charge. SECTION 6: RATES -FILING REQUIRED Each ambulance service licensed under this chapter shall, immediately upon the issuance of a license, file with the city clerk its schedule of rates to be charged for service during the license period for which application has been amde. Said rate schedule shall be subject to review and approval of the city council. Such schedule of rates shall be competitive and a matter of public record - 4 - ~and open to public inspection in the office of the city clerk during normal business hours. Each licensee shall strictly adhere to such schedule throughout the period for which a license has been issued. It is unlawful for anyone driving, or operating ambulance, to charge, demand, collect or receive any greater or less rate of 'fare than those posted with the city clerk. It is unlawful for any ambulance operator to give directly or indirectly, or cause to be given, any rebates, commissions, reserve rebates or any reduced rates or cash discounts to any person, or persons, or groups of any nature. SECTION 7: ADVISORY COMMITTEE A. The mayor shall appoint with the concurrence of the city council, an advisory committee composed of seven persons. Such advisory committee shall consist of the mayor, two duly licensed physicians affiliated with the Harrison Memorial Hospital, one member of the Greater Bremerton Chamber of Co~u.erce, the chiefs of the Bremerton fire and police departments, and a representative of the ambulance company. B. The terms of the members of the advisory committee shall be as follows: The mayor, police chief and fire chief- their respective terms of office; the first physician appointed-two years; the second physician appointed-four years; the member of the Greater B~emerton Chamber of Commerce-two years; and the representative of the ambulance company-the period of the license granted to the ambulance company under this chapter. C. The advisory committee shall meet at least quarterly to review and recommend standards and regulations relating to emergency medical services and submit its recommendations in writing at least once a year to the city council for its approval. Such review may include recommendations for new or different equipment and regulations relating to paramedical emergency service and recommend new or different training procedures and the development of new rules and regulations relating to any operation licensed under this chapter. SECTION 8: VIOLATION - PENALTY It shall be unlawful for any person, firm or corporation to operate or attempt to operate an ambulance or ambulance service -- 5 without first complying with the provisions of this Ordinance. Any person, firm or corporation convicted of violating any provisions of this Ordinance shall be guilty of a misdemeanor ~nd shall be fined in an amount not exceeidng five hundred dollars or imprisoned in the city jail for a period not exceeding ninety days, or by both such fine and imprisonment for each offense. SECTION 9: LICENSE REVOCATION. A. The office of the city clerk, acting by and through the city clerk or duly authorized representative may, and is authorized to, suspend or revoke any license issued under this chapter for failure of licensee to comply with and tO maintain compliance with or for this violation of any applicable provision, standard or requirement of this chapter or for any regulations promulgated here- under, or of any other applicable law or ordinances or regulations promulgated thereunder; and further provided that prior to any such suspension or revocation, due notice thereof has been given unto the licensee and not less than ten days for compliance with any such provisions, standard of requirement. B. Within ten days after any such suspension or revocation the licensee shall, upon his written request, be allowed to petition for a hearing before the city council and such hearing shall be held not later than thirty days after the date of such suspension, for the purpose of determining adequacy of notice and whether there are sufficient grounds for suspension or revocation. Subsequent to such hearing the council shall uphold or rescind the suspension or revocation. If the licensee fails to petition for hearing as provided herein, the order of the clerk shall become finaI. SECTION 10: INSPECTION AND REPORTS. A. Each licensee of an ambulance hereunder shall maintain complete and accurate records, which records shall include the transportation of each patient within the city, or from one place within the city to another place within or beyond its city limits. All such records shall be available for inspection by the city clerk or his duly authorized representative at all reasonable times. -6- B. The provision of subsection A of this section shall likewise apply in case a patient dies before being so transported in such ambulance or dies while being so transported therein or at any time prior to the delivery of the patient to a hospital or medical or other authority if the patient is still under the care and responsibility of the ambulance licensee. SECTION ll: EQUIPMENT AND PERSONNEL - AVAILABILITY Each licensee under this chapter shall keep ambulance equipment and on-duty personnel available on a twenty-four hour basis. In the event all available equipment and personnel are in use, the fire department shall be immediately advised of such condition and that the licensee could not respond to any emergency at that:~time. SECTION 12: INSPECTION BY CITY Notwithstanding any other provision of this chapter, an authorized representative of the city may, at all reasonable times, inspect any records, equipment and accessories of any licensee hereunder. In case of any lack of.compliance with any of the requirements hereunder or deficiencies, such licensee shall promptly remedy same. APPROVED by the City Commissioners on the first reading this Il~ day of June, 1979. PASSED by the City Commissioners of the City of Bremerton, signed by the Mayor and attested by the City Clerk in authentication of such passage this ]~-"~ day of June, 1979. ATTEST: K~THLEEN L. MANDIO, City Clerk -7-