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HomeMy WebLinkAboutOrdinance 1511 ORDINANCE N0. 1511 AN ORDINANCE DECLARING THE BUSINESS OF TRANSPORTING PERSONS WITHIN THE CITY OF FAYETTEVILLE BY MOTOR AMBULANCE FOR COMPENSATION TO BE A NECESSARY PUBLIC SERVICE UTILITY SUBJECT TO REGULATION BY THE CITY ; PROVIDING FOR THE LICENSING OF AMBULANCE SERVICE OPERATORS AND DRIVERS ; PROVIDING FOR REGULATIONS ON OPERATING AMBULANCES ; PROVIDING FOR APPROVAL OF RATE SCHEDULES ; PROVIDING PENALTIES FOR VIOLATIONS ; AND FOR OTHER PURPOSES , AS AMENDED . BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1 . Definitions (a ) Ambulance is defined to be any privately-owned vehicle equipped and used for transporting the wounded, injured or sick, but shall not include funeral coaches . ( b) Ambulance service operator or ambulance operator is defined as a person, firm, or corporation which engages in the business of dispatching and operating ambulances . ( c ) Ambulance driver is defined to be a person whose occupation is to drive an ambulance . (d ) Board of directors of the city is defined to include not only the board itself, but also any officer or subdivision of the municipal government duly designated by the board . ( e) Chief of police is defined to include not only that officer, but also any officer or employee of the police department duly designated by him. SECTION 2. Ambulance Service A Necessary Public Service Utility The business of transporting persons within the city limits of Fayetteville for compensation is hereby declared to be a necessary public service utility by the City Board of Directors and thereby subject to regulation .by . the City. , SECTION 3 . Ambulance Operator Permits - Required ; Exemptions .- The Board of Directors of said City- may grant permits to persons , firms, or corporations for the privilege, exclusive or otherwise , dependent upon the public convenience and necessity of using the streets , alleys , public ways and public grounds of said City for the purpose of operating an ambulance service business for the inhabitants of and all other persons within said City, which said permits shall require that said ambulance service, including emergency ambulance service , must be maintained continuously during all hours of the day provided that an ambulance operator whose regular base of operations and disMVALpis N"c`` OCT 1 0 7B DATE� IEE& _ 2 _ located outside the City of Fayetteville and who operates ambulances in the City on a casual basis only shall not be required to procure a license required by this section. Provided, further, no ambulance operator whose regular base of operations is outside the city shall respond to an emergency call within the City unless requested to do so by the Chief of Police . SECTION 4 . Ambulance Operator- Fermits - Contents of Application . Fee An application for license as ambulance service operator shall be made upon such forms as are furnished by the Board of Directors and shall state the name and address of the applicant , a description of the vehicle or vehicles intended for use as ambulance or ambulances by applicant and the place of operation of the applicant . Every application shall be accompanied by an application fee of five dollars . Said application fee does not relieve such ambulance service operators from the payment of occupation or privilege license* tax now or hereinafter levied by the City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SECTION 50 . Ambulance Operator Permits -- Conditions o£ Grantin¢ , Liability Insurance ; Period; Renewal No license shall be granted an applicant as ambulance service operator unless the Board of Directors determines (1) that the public convenience and necessity requires the proposed ambulance service ; (2) that applicant is a fit , financially responsible person with proper equipment to render the proposed service; and (3 ) that the applicant has in force at the time his application is approved an insurance policy providing insurance coverage for each and every ambulance owned, operated and leased by the applicant indemiifying the applicant for liability incurred by reason of the injury to or- death of persons in accidents , and property damage caused by accidents , resulting from any cause for which the owner of such ambulance would be liable, regardless of whether the ambulance was being driven by the owner , his agent or lessee ; such insurance policy or policies to carry minimum limits of twenty thousand dollars for injury to or death of any one person, fifty thousand dollars for injury or death resulting to more than one person as a result of any one accident , and five thousand dollars property damage, or cash bond in lieu thereof . All licenses to ambulance service operators issued in pursuance of the authority of this chapter shall extend for a period of not more than one year and shall be renewable only by authority of the Board of Directors . Each application for renewal shall be accompanied by an application fee in the amount of five dollars . . SECTION 6 . Ambulance Operator Permits - Periodic Inspections • Suspension of Permit The Chief of Police shall cause to have made periodic inspections of the ambulances of all ambulance service operators licensed hereunder at least every six (6 ) months . If any ambulance be found mechanically defective , the operator of such ambulance service shall immediately withdraw such :; a _a..ce em . uec until the mechanical defect is corrected and written authority is procured. from the Chief of Police or his authorized representative permitting the re-use of such ambulance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . . . . . . . , . . . . . . . . . . . . . . SECTION 7 . Ambulance Operator Permits - Grounds for Revocation of Permit Said Board of Directors may revoke any permit granted hereunder when any holder thereof shall violate or fail to comply with the provisions of this and all other valid ordinances or laws regulating ambulances , and when any such permit be revoked, any further operation of said business shall be unlawful and a violation of this ordinance ; provided, no permit shall be revoked except upon the giving to the person, firm or corporation whose permit is sought to be revoked, ten ( 10 ) days notice of such intention, and such person, firm or corporation shall have an opportunity to appear before said Board of Directors and show cause why permit should not be revoked . 1 . . . 0 . . 11 . . . . . . . . . . . . . . . . . . '. . . , . . SECTION 8 . Ambulance Driver License - Application, Qualification, Period , and Renewal An application for license as ambulance driver shall be made upon- such - forms as are furnished by the Chief of Police and shall state the name , age, address , experience in driving motor vehicles and whether the applicant has ever been convicted of a motor vehicle violation . Every application shall be accompanied by an application fee of five dollars . No license shall be granted an applicant as ambulance driver unless the Chief of Police determines that the applicant is a fit person, physically, mentally and morally, to drive an ambulance . No person shall be granted a license as ambulance driver who is under twenty-one years of age or who habitually uses or is addicted to narcotics or intoxicating liquors . All licenses to ambulance drivers issued in pursuance of the authority of Section 8, shall extend for a period of one (1) year . Each application for renewal shall be accompanied by an application fee in the same amount as the' original application fee called for under Section 8. Upon applying for the original or renewal of any license issued to any ambulance driver the applicant shall submit evidence that he has , within the months preceding his application, completed a standard course in First Aid as taught by the American Red Cross . It is the intention of this chapter that every licensed ambulance driver shall complete such a course every year while he continues to be licensed as an ambulance driver . SECTION 9 . Permits and Licenses - Transferability No permit or license issued under the terms of this ordinance shall be sold, transferred, assigned, leased or otherwise disposed of without the con- sent of said Board of Directors . SECTION 10 . Rates The Board of Directors shall determine and approve all rates to be charged by licensed ambulance service operators within the city limits of Fayetteville and no operator shall charge any other rates . Such rates shall be reviewed and, revised periodically by the Board of Directors . . . . . SECTION 11 . Standards for Ambulance Equipment Required equipment in each ambulance shall include , at all times when the ambulance is in use as such , equipment adequate in the judgment of the Chief of Police for dressing' wounds , splinting fractures , controlling hemorrhage, providing for suction, and providing oxygen . In determining the adequacy of equipment , the Chief of Police shall take into consideration the current list of minimal equipment for ambulances , adopted by the American College of Surgeons or its duly authorized Committee on Trauma . Each licensee of an ambulance shall comply with such reasonable regulations hereunder as may be . promulgated by the Chief of Police and shall maintain in each such ambulance , at all times uhen it is in use as such , all such equipment as may be prescribed by the Chief of Police hereunder . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . SECTIC:' 12a rr.:dience to Traffic Laws , Ordinances and Regulations Ambulances lawfully operating under the provisions of this ordinance- shall. be 1*athorized Emergency Vehicles' as provided for in Sections 19-1, 19-25 , Fayettevilic Code of Ordinances . SECTION 1� . Pena.lty Any person who shall drive an ambulance or engage in the business of ambulance service operator without having first obtained the license required by this chapter shall be guilty of a misdemeanor which shall be punished by the i_mnosition of a fine in an amount of not less than fifty dollars and not more than five hundred dollars or a jail sentence of not less than three nor r.-,ore than thirty days or both fine and jail sentence. SECTION 144 Emergency It having been found and determined that inadequate emergency ambulance service within said City will result in a condition menacing to the public peace , health and safety and, therefore, an emergency exists and this ordinance being necessary for the immediate preservation of said public peace , health and safety, same shall be in full force and effect from and after its passage and approval . PASSED AND APPROVED this —,15t day of Aueust 1966. APPROVED : SY IA Si'-TART Z , ACTI MYOR ATTEST: a' GEORGE J . c'DAVIS, CITY CLERK I ORDNANCE NO. 1511 AN ORDINANCE DECLARING THE BUSINESS OF TRANSPORT- ING PERSONS WITHrN THE CITY STATE of ARKANSAS ' OF FAYETTEVILLE UY MOTOR 55. AMBULANCE .FOA y Of Washington COMPENSA- TIC011ntJ ON TO BE A NECESSARY PUB_ LIC SERVICE UTILITY SUBJECT TO REGULATION BY THE CITY, PROVIDING FOR THE LICENSING OF AMBULANCE SERVICE OP- Ir __ L . ____lL________. _____.__________.____ , hereby certify that I OPERARN AMBAND ULANCES. ONS oN am the ( Gederal Mana1ger) of THE NORTHWEST ARKANSAS TIMES, OPERATING AMBULANCES; PRO- VIDING FOR APPROVAL OF a daily newspaper having a second Class mailing privilege, and being not RATE_SCHEDULES; PROVIDING less than four pages of five columns each, published at a fixed place of PENAND FOR OTHER FOR VIOLATIONS; (daily) Y Y business and at a fixed dail intervals continuous] in the Cit of ASBE IT EMENDED. Fayetteville, County of Washington, Arkansas for more than a period BOARD OF ORDAINED TTfHE of twelve months, circulated and distributed from an established place of CITY OF FAYETTEILLE, ARKAN- SAS: generally of all classes in the City osis: business to subscribers and readers SECTION 1. Definitions & County for a definite price for each copy, or a fixed price per annum, (a) Ambulance n b prjvately-owued vehicle which price was fixed at what is considered the value of the publication, equipped and used for trans- based upon the news value and service value it contains, that at least fifty or sick but wounded, ldnot nclude percent of the subscribers thereto have paid cash for their subscriptions funeral coaches. to the newspaper or its a agents or through recognized news dealers over a (b) Ambulance service operatorg g g or ambulance operator is de- period of at least six months ; and that the said newspaper publishers an fined as a person, firm, or corporation which engages in average of more than forty percent news matter. the business of dispatching and operating ambulances. I further certify that the legal notice hereto attached in the matter of (c) Ambulance driver is defined. to be a person whose occw pation is to drive an am- bulance. / (d) Board of directors of the city _� _ J _S��_______________ _ is defined to include not only -___ the board itself, but also any officer or subdivision of the was published in the regular dailyissue of said newspaper for_____..] desiiggnatteed bgyvthe bbooarfl dtl eeweeeative- insertionpf as follows: (e) Chief of police is defined to /J / include not only that cep, but also any officerr or ---------or The first insertion on the / p _ ___ _ ___ _ . day of employee the police de- partment duly designated by him. the second insertion on the ------ day of SECTION 2. Ambulance Service A Necessary Public service Utility The business of transporting the third insertion on the ___—_______ ""-"""'-___ da of _---------------------- 19— Favne within the city limits of - y _ _ _ _ tfor compensation is herer eebyy declared to be a necessary public service utility by the City and the fourth insertion on the ------- `d' 1�V of -ty_OslWp �����-Y-_- 19 Board of Directors and thereby t� subject to regulation by the City. SECTION 3. Ambulance Operator T/u W7C — Permits - Required; Exemptions. -- }.— The Board of Directors of said Cir may grant permits to persons, firms, or corporations for the Privilege, exclusive or otherwise. Sworn to and subscribed before me on this ______ day of -------------- dependent upon the public con. venience and necessity of using - the streets, alleys, p u b I f;� i } _ - / / ways and public grounds of s C.K_( ______ 19f(.�j_ City for the purpose of operating —__.___.______ ___—__— an ambulance service business for the inhabitants of and all other / persons within sold City, which said permits shall require that gr Public said ambulance service, includingO*XY emergency ambulance service, must be maintained continuously during all hours of the day pro vided that an ambulance operator My Commission Expires: whose regular base of operations A and dispatch ;t located outside the City of Fayetteville and th who on a casual ambulances in the City e- a credal bests only shall not be re- quired to thisProcure a license re- quIred by this section. Provided, ^_ further, no ambulance operator Fees for Printing whose regular base of operations outside the city shall respond to a emergency call within the City Coat of Proof ._____ un unless requested to do so by the Chief of Police SECTION 4. Ambulance Operator Total Permits Contents of Application, Fee An application for license as am bulance service operator shall be made upon such forms as are fur- nished by the Board of Directors . and shall state the name and ad- dress of the applicant, a descrip- tion of the vehicle or vehicles in-I tended for use as ambulance or am-1 bulances by applicant and the place of operation of the applicant. Every application shall be accompa- nied by an application fee of five dollars. Said application fee does not relieve such ambulance service operators from the payment of oc- cupation or privilege license tax now or hereinafter levied by the , City. SECTION 5. Ambulance Operator Permits — Conditions of Granting; Liability Insurance; Period; Re- Rewal No license shall tx granted an . applicant as ambulance service ep- I orator unless the Board of Direc- 11 tors determines (1) thnt the public convenience and necesaitp -equires the proposed ambu:..nce sel .ice, 12) that applicant is a fit, financial- ]. responsible person with proper equipment to render the proposed service! and (3) that the applicant has in force at the time his appli- cation is approved an insurance policy providing insurance cover- age for each and every ambulance owned, operated and leased by the applicant indemnifying the appli- ant ter liability incurred by rea- soc of the injury to or death of persons in ccidents. and l rnpertc daoiage caused b� accidents. ro- ullLMT ItIlto - �Nuth ,, b IhP �rntl 1 vould be liable. regardless Of SE( TION 9 Parma. Meld Licenses ' whether the ambulance was being ) —7ronsfa%*WA,y� driven by the owner, his agent ori No peemtt or�llaerdel Payed un lessee; such insurance pokey limits der the terms of this ordinance policies to carry minimum limited shall be sold, transferred assigned. ' ju M death of any one per . twenty thousand dollars for based or otherwise disposed of jury o - � without the consent of said Board son, fifty thousand dollars for in- of Directors. jury or death resulting to more SECTION 10. hates than one person as a result of any The Hoard of 13irectors shall de- one accident, and five thousand termine and approve all rates to dollars property damage, or cash be charged by licensed ambulance bond in lieu thereof, service operators within the city Ali license to ambulance service limits of Fayetteville and no op- operators isaued in pursuance of clasper shall ) Stator shall charge any other rates. the authority of this c extend for a period of not more Such rates shall be reviewed and than one year and shall be renewa- ' revised periodically by the Board bel only by authority of the Board of Directors. Am- of Directors Each application for SECTION 11. Standards far Am- bulance Equiynnent renewal shall be accompanied by AogiNrtQ3 eq MErit in each am- en application fee in the amount of bn]ance 111 Include. at all times Five dollars. when the ambulance is in use as SECTION 6. Ambulant! Operatg such, . equipment adequate in the Permits — Periodic Inspettie9g . judgment of the Chief of Police Suspension of Permit for drpsoing wounds, splirsting The Chief of Police shall cause fracturds, controlling hemorrhage, to have made periodic Inspections providing for suction, said provid- of the ambulances of all ambulance ing oxygen. In determining the service operators licensed here- adequacy of equipment, the Chief under at least every six (6) months. of Police stall take into considers- If any ambulance be found me- tion the ¢01fent list of minimal chemically defective, the operator equipment for ambulances; adopted of such ambulance service shall by the American College of bur. immediately withdraw she . ambu- geone or its duly authorized Com- 1 lance from use until the mechanI- mitten on Trauma. Each licensee of cal defect is corrected and written an ambulance shall comply with authority is procured from the sugh reasonable regulations here- Chief of Police p his authorized under as may be Promulgated by representative permitting the re- the Chief of Police and shall main- use of such ambulance. tain in each such ambulance, at SECTION 7. Ambulance Opera- all times when it is in use as such, ter Permits — Grounds for Revoca- all such equipment al; may be prd- tion of Permit scribed by the Chief of Polic' Said Board of Directors may re- hereunder. voke any permit granted hereun- r SECTION 12. Obedience to Trak. der when any holder thereof shall fie saws, Ordinances and Regula- violate or fail W comply with the tions provisions of this and all other Ambulances lawfully ap�'sting valid ordinances or laws regulating under the' Vilions of this ordi- ambulances, and when any such nance.shalh "Authorized Emer- permit be revoked, any further op geennppy Vgb)cles" as provided for in oration of said business shall be Sections :196] 019-L5. Fayetteville ) unlawful and a violation of this ', Code of Ordinances. Ordinance; provided, no permit SECTION.i13. Pena RP shall be revoked exec M upon the AtgF Wea�rr- wfto ah4ll drive an giving to the person, firm or cot- ambula cg'or ge m the busi- poration whase permit is sought to mess a K91 41 opera- Obtained revoked, ten (10) days notice for wit ` a 1 lilt Obtained of such intention, and such person, the license required by this chap- firm or corporation shall have an ter shall Ifs' 94aty of a misde- opportunity to appear before said meanor which shall be punished Board of Directors and show cause by the Imposition of a fine in an why permit should not be revoked. amount of not less than fifty dol- SECTION 8. Ambulance Driver Lars and not mora than five hun- L)cense — Application, Qualifies- dyed dollars or a jail sentence of tion, Period, and Renewal not less than tt��aatp more than An application for license as thirty days or bd(lI-'fie end jail ambulance driver shall be made sentence. - upon such forms as are furnished SECTION It. "a VMBN by the Chief of Police and shall It having beenfouW de sante the mine, age, address, ex- termined that Ina and perience in driving motor vehicles cy ambulance servvith wipphiin d and whether the applicant has City win result in a cOnWon men- ever been convicted of a motor acing to the public p�ea lth vehicle violation. Every applica- and safety and, they ?GMM. _ tion shall be accompanied by an gency exists and this ce application fee of five dollars. being necessary for th@ to No license shall be granted an pr aRiort of said psddfa„pewee, applicant as ambulance driver un- h9a,{1t11 t. 4aifl4efety, come3Ydl - ehae in less the Chief of Police determines full {prof and effe it frOratand after that the applicant is a fit person. IJAIL pat&9age and approval physically, mentally and morally, PA$$ED AND APPRRpp]]�� this. W drive an ambulance. No person 15th day of August, 194?W 1 shall be granted a license as am- APPROVED: bulance driver who is under twen- SYLVIA SWAB, ty-one years of age or who habitu- Acting Mayer ally uses or is addicted to narcotics ATTEST' or intoxicating liquors. GEORGE f DAVIS ALL Rcemse ; tc ambrtlar•ce drly- City Clerk an imutd in ptMulance Of the au- thority of Seddon 8, shall eAeAd for a period of one ((1) year. Each aPPlieetiosi ¢op .'}ene(Lal "I be accompablad by, an a¢p cis fee in "I finthe orig- al appl{eet3on' iga r ` for un- dor 8eetto0 C 1 11 Upon apD} ing for the Original or rencewal of any license issued jp. asyi am w�drT the that WNW9apirat n men�Jtdheks�Drecedt ing his application, completed a standard -e r ^ Ia illltnt Aid as to by American Red Cross. ,eg able chapter RMajd ambulance Mmp1Me auob a course MYdb Ilaa lana driver.to �P aq an pltbRlanoe driver.