Ordinance 727
'';
6lU)INANC~ NO. 727
AN ORDINANCE LICENSING AND REGULATING OPERATORS OR PRIVATE
AMBULANCES; LICENSING AND REGULATING DRIVERS IN ATTENDANCE
OF AMBULANCES; REQUIRING THE FILING OF WRITTEN REPORTS WITH
THE POLICE DEPARTMENT; AND PRESCRIBING PENALTIES FOR THE
VIOLATION OF ITS PROVISIONS.
THE COUNCIL OF THE CIT'"i" OF GILROY DOES ORDA.IN AS FOLLOWS:
SECTION 1. DEFINITIONS.
(a) "Ambulance" is any privately owned vehicle initially designed
and equipped or used for transporting the wounded, injured, sick,
or anyone in need of immediate medical attention.
(b) "City" is the City of Gilroy.
(c) "Chief of Police" is the Chief of Police of the City of Gilroy.
(d) "Director of Finance" is the Director of Finance of the City
of Gilroy.
(e) "Person'''' is any person, firm, partnership, assoc iation, corpora-
tion, company, or organization of any kind.
SECTION 2. LICENSE REQUIRED.
No person shall engage in the business of operating ambulances upon
the streets of the City of Gilroy without first obtaining a license from
the City, as hereinafter provided.
All ambulance businesses presently existing in the City of Gilroy
shall be entitled to the issuance of a license upon filing an application
setting forth the information as hereinafter provided. Said existing
ambulance businesses may continue in operation subject to conforming to
the other requirements of this Ordinance within sixty (60) days after the
effective date of this Ordinance.
SECTION 3. 'LICENSE NOT REQUIRED.
Any person operating an ambulance from a point outside the City of
Gilroy to a destination within the City, or proceeding through the City
while enroute to a destination outside the City shall not be considered
as being engaged in business in the City within the meaning of this
Ordinance.
SECTION 4. APPLICATION FOR LICENSE.
Applications for licenses hereunder shall be made to the Dire~tor of
Finance upon blank forms provided by said officer. Said application shall
contain the following information:
(a) Name and address of ambulance owner.
(b) A descrip"tion of the ambulances, including the make, model,
year of manufacture, California State License number for the current
year, motor and chassis numbers, and the length of time the ambulance
has been in use.
(c) The location and description of the place or places from which
the ambulance is intended to operate.
( 1)
727
(d) The schedule of rates or fares proposed to be charged for
carrying the patients or passengers which applicant proposes to
transport.
(d) Such other information as the Chief of Police shall find
reasonably necessary for a fair determination of whether the terms
of this Ordinance have been and will be complied with.
SECTION 5. LICENSE FEE.
An application hereunder shall be accompanied by a license fee of
thirty dollars ($30.00) each year, for a right to engage in the ambulance
buiness, and ten dollars ($10.00) each year for each vehicle oper~ted
under the license. Said license fee shall be for the calendar year, and
shall be in lieu of any other license fees or charges established by
proper authority and applicable to said holder, or the vehicle or vehicles
under his operation and control.
SECTION 6. INVESTIGATION OF APPLICANT.
Immediately upon receipt of a properly completed application, as
provided for herein, the Director of Finance shall refer such application
to the Chief of Police. The Chief of Police shall complete such investi-
gation of the application and his proposed operations within thirty (30)
days.
SECTION 7. STANDARDS FOR ISSUANCE OF LICENSE.
After the Chief of Police has made an investigation of said applica-
tion, he shall submit his findings and recommend to the City Council either
the approval or the rejection of the application. The City Council may
thereafter grant the permit and direct the issuance of a license for a
specified number of vehicles by the Director of Finance when it finds:
(a) That public convenience and necessity require the proposed
ambulance service for which application has been submitted. In
determining whether public convenience and necessity require the
licensing of the proposed ambulance service, the City Council shall
consider whether the public is, at that time, adquately served;
the financial responsibility of the applicant; the number, kind, and
type of equipment; the schedule of rates proposed to be charged; and
such other facts as the City Council shall consider relevant.
(b) That the ambulances, drivers, attendants, and premises have
been certified by the Chief of Police as provided herein.
(c) That the applicant and all attendants and drivers are fit and
proper persons to conduct or work in the proposed business.
(d) That all the requirements of this ordinance and all other
governing laws and ordinances have been met.
(~) That the schedule of rates proposed to be charged is reasonable
and proper.
Such license shall be renewable annually upon payment of the annual
license fee.
SECTION 8. ISSUANCE OF LICENSE.
Foll.owag the issuance of the license as provided for hereinabove,
the ~~nens~e shall have the right to engage in operating the number of
ambulances specified in the license upon the streets of the City of Gilroy.
No ambulances, however, shall be so operated until a "Vehicle License" has
been procured as hereinafter provided.
(2)
SECTION 8.1 ADDITION TO NUMBER OF LICENSED VEHICLES.
Any person licensed to operate a specified number of ambulances may
apply to the City Council'to operate (an) additional ambulance(s). The
application shall be made to the Director of Finance and shall contain a
description of the ambulance (s), including the make (s), model (s), c>c".
year'{s) of "m:anuf'aCture, Cal~ifornia State':"licen'se~rilimber{s) :fbr the current
year, motor and chassis numbers, and the length of time the ambulances(s)
has (have) been in use.
The Director of Finance shall refer such an application to the Chief
of Police, who shall recommend approval or rejection to the City Council
within thirty (30) days thereafter.
In determining whether to permit or to deny the additional ambulance(s)
to be operated by the applicant, the City Council shall consider the
standards set forth in Section 7 hereinabove.
SECTION 9. TRANSFER OF LICENSE.
No license or permit granted hereunder may be transferred by opera-
tion of law or otherwise.
SECTION 10. INSPECTION OF VEHICLES AND PREMISES.
The Chief of Police shall inspect the vehicles and premises desig-
nated in the application hereunder and shall certify his approval to the
City Council when he finds that such vehicles and premises are suitable
from the standpoint of health and sanitation for the conduct of an ambu-
lance business, and that all State laws and local ordinances relating to
health, safety, and sanitation have been complied with.
In addition, each ambulance vehicle must b~ approved at least once
each year by the Chief of Police, or at such shorter intervals as may be
required by the nhief of Police.
SECTION 11. VEHICLE LICENSE REQUIRED.
Upon approval by the Chief of Police, each ambulance so inspected
shall be issued a "Vehicle License", which Vehicle License shall be of the
"sticker" type, and shall be affixed to the right-hand corner of the front
windshield of such ambulance.
SECTION 12. ADDITION OF NEW VEHICLESo
Before a person licensed to engage in the business of pperating
ambulances upon the streets of the City of Gilroy, shall use an additional
vehicle for such purposes, a fee of ten dollars ($10.00) shall be paid and
a Vehicle License obtained, as provided for hereinabove.
SECTION 13. INSURANCE POLICY.
Prior to co~~encing operations under a license issued hereunder, the
Licensee shall file with the City Clerk a Policy of Insurance executed by
an insurance company authorized to do business in this state, which policy
shall be approved by the City Attorney, whereby the owner and driver of
each of the vehicles described in said permit are insured against public
liability for damage to property and for injury to or death of any person as
a result of the ownership, operation, or other use thereof, the minimum
liability limits upon each such vehicle being not less than one hundred
thousand dollars ($100,000.00) on account of personal injury to or death of
anyone person in anyone occurrence, and three hundred thousand dollars
($300,000.00) on account of personal injuries or death of two or more
persons in anyone occurrence, and minimum liability limits, upon each such
vehicles neing not less than twenty-five thousand dollars ($25,000.00) for
damage to or destruction of property in anyone occurrence. Such policy
will not be cancelled until notice in writing is given to the City Clerk
at least thirty (30) days immediately prior to the time such cancellation
shall become effective.
( 3)
SECTION 14, COVERAGE.
Every in surance policy required hereunder shall extend for the period
covered by the license issued, and shall cover each and every vehicle
operated hereunder, and the insurer shall be obliged to give not less than
thirty (30) daysc written notice to the City Clerk and to the assured
before any cancellation or termination thereof earlier than its expiration
date and the cancellation or termination of any such policy shall auto-
matically revoke and terminate the licences issued for the ambulances
covered\by such policy, unless another insurance policy complying with the
provisiQns of this Section shall be provided and be in effect at the time
of said cancellation or termination.
If the period covered by the insurance policy is shorter than the
period covered by the license issued, then the license shall be automati-
cally terminated when the period of insurance coverage expires, unless the
policy shall be renewed in accordance with the terms required hereinabove.
SECTION 15. SUSPENSION AND REVOCATION OF PERMITS.
A permit issued under the provisions of this ordinance may be revoked
or suspended by the City Council if the holder thereof has (a) violated
any of the provisions of this ordinance, (b) discontinued operations for
more than thirty (30) days,' (c) violated any ordinance of the City of
Gilroy, or the laws of theJUnited States, or the State of California,
the violations of which reflect unfavorably upon the fitness of the
holqer to offer private ambulance service.
Prior to suspension or revocation, the licensee shall be given notice
of the proposed action to be taken and shall have an opportunity to be
heard.
In the event that the permit of any person has been revoked by the
City Council, such person shall not be granted a new permit for a period
of one (1) year after date of such revocation.
SECTION 16. LICENSING OF DRIVERS AND ATTENDANTS.
There shall be at least one (1) driver and one (1) attendant present
in each ambulance operated pursuant to this Section.
No person shall drive any ambulance licensed pursuant to this
Chapter without first procuring a license from the Chief of Police. Such
licenses shall be non-transferable.
The Chief of Police shall issue a license under this Section when
he finds that the applicant:
(a) Is of the age of twenty-one (21) years or over, if the appli-
cation is for a driver's license, and at least eighteen (18) years
of age if for an attendantts license, and morally fit for the posi-
tion.
(b) Has submitted a certificate from a licensed physician in this
state, certifying that, in his opinion, the applicant is not afflicted
with any disease or infirmity which might make him an unsafe or
unsatisfactory driver or attendant. Such certificate shall be no
more than sixty (60) days old at the time of its submission to the
Chief of Police.
(c) Is able to speak, read and write the English language.
(d) Is clean of dress and person and not addicted to the use of
intoxicating liquors or narcotics.
(e) If the applicant is applying for a driver's license, that the
applicant be a bonafide holder of a Red Cross card indicating that
such applicant has successfully undertaken and completed courses in
advanced First Aid.
(4)
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(f) If the applicant is applying for a license as an ambulance
attendant, then such applicant must be undergoing courses in First
Aid training.
(g) Has complied with the requirements of this Section and all
other governing laws and ordinances.
SECTION 17. APPLICATION FOR DRIVERS AND ATTENDANTS LICENSES.
Application for l,ici!nses under th@ abovi! section shall be made upon
blank forms provided by the Chief of Police and shall contain:
(a) A statement giving applicant1s full name, residence, places
.of residence for five (5) years, previous to moving to present
addrQss, and length of time he has resided in the City.
(b) Age, marital status, height, color of iayes and hair, and
fingerprints.
(c) Whether he has ever been convicted of a felony or a misdiameanor.
(d) Whether he has previously been licensed as a drivi!r, chauffeur,
or attendant; and, if so; when and where and whether his license bas
ever been revoked or suspended and for what cause.
SECTION 18. AFFIDAVITS OF CHARACTER.
An applicant under the above section shall produce, on forms provided
by the Chief of Police, and submit with his application, an affidavit of
his good character from two reputable citizens of the United States who
have known him personally and observed his conduct frequently during
two (2) years preceding the date of his application.
SECTION 19. PHOTOGRAPHS.
Each applicant for a license under the above section shall file with
his application four (4) recent passport-type photographs of himself.
The Chief of Police shall attach one photograph to the license and shall
file the other with the application.
SECTION 20. EXHIBITION OF LICENSE AND PHOTOGRAP~.
The Chief of Police shall so attach the photograph to the license
that it cannot be removed and another photograph substituted without
probability of detection. Each licensed driver shall, upon demand of a
licensed inspector, policeman or passenger, exhibit his license and
photograph for inspection. Any licensee who wilfully defaces, removes
or obliterates any official entry made upon his license shall have his
license revoked.
SECTION 21. CESSATION OF EMPLOYMENT.
Whenever any driver or attendant shall leave the employment of the
person licensed to engage in the business of operating ambulances, such
person shall submit written notice within two (2) weeks to the Chief of
Police.
SECTION 22. RECORDS AND REPORTS.
Every licensee shall maintain and keep open for inspection by the
Police Department a separate log, or record, of every conveyance made
in the course of operating an ambulance business. Such log, or record,
shall contain the name, address, and phone number of the person so
conveyed, the names of the driver and attendant involved, the name
(5)
of the person who summoned the ambulance, the place or location at which
the pickup was made, and the place or location to which the person was
delivered.
In any case, however, where the driver pr attendant has reasonable
cause to suspect that the injury, sickness, or death is attributable to
any criminal act or omission, a report shall be submitted as quickly as
possible to the Police Department, but in no event longer than one hour
following the occurrence, unless the circumstances make such a prompt
report impossible.
SECTION 23. WHEN LICENSE NOT REQUIRED.
No license shall be required of any ambulance operated by an
authorized public agency or any ambulance in the City operated in response
to an emergency call made by the Police Department, Highway Patrol, or
Fire Department, or other authotized law enforcement agency.
SECTION 24. SCHEDULE OF FARES; PROPOSED CHANGES.
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 operat0rs licensed under this Ordinance
within the City of Gilroy. Such rates shall be established by resolution
and may be changed from time to time. Copies of such rate schedules shall
be posted in a conspicuous place in each ambulance and shall also be posted
in the premises where said ambulances are stationed.
It shall be unlawful to charge, collect, or receive any other
compensation for the use of any ambulance licensed hereunder than in
accordance with the fare schedule approved by the City Council. Such
fares shall not be amended except with the consent of the City Council.
Proposed rate changes shall be submitted to the City Administrator
for his recommendation and shall be subject to approval by the City
Council.
SECTION 25. PENALTIES.
Any person violating the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be
fined not exceeding Five Hundred Dollars ($500.00), or by imprisonment
in the County Jail for a period of not exceeding six (6) months, or by
such fine and imprisonment, provided, however, that the Council may enjoin
the violation of apy provision of this ordinance as it deems it advisable.
SECTION 26. SEPARABILITY.
If any section, subsection, paragraph, sentence, clause or phrase
of this ordinance shall be declared invalid for any reson whatsoever,
such decision shall not affect the remaining portions of this ordinance,
which shall remain in full force and ~ffect; and to this end, the pro-
visions of this ordinance are hereby declared by the City Council to be
separable.
SECTION 27. REPEAL OF CONFLICTING ORDINANCES.
All ordinances and parts of ordinances in conflict with the provisions
of this ordinance or any part thereof are hereby repealed. This ordinance
shall take effect and be in force thirty (30) days from and after its
adoption and approval.
(6)
lIlt
PASSED AND ADOPTED this 21st day of September, 1964, by the following vote:
NOES:
COUNCILMEMBERS: Duffin,Eckard,Goodrich,Jordan,Wentworth,
and Petersen,
COUNCILMEMBERS: None
AYES:
ABSENT:
COUNC I LMEMEBERS: Qua rt i ro 1 i
APPROVED:
. ,..~~
. '
;;: .t
Mayor
ATTEST:
,'t.()'M"';.J e. ,R,r~ .J
~ City Clerk
A; ~ 8. ~
(7)
. 1 ~
.
. ~
I ,
SUSANNE E. PAYNE
, City Clerk of
the City of Gilroy, do hereby certify that the attached Ordinance
No.
727
is an original ordinance, duly adopted by the Council
of the City of Gilroy at a regular meeting of said Council held on
the 21st
day of
September
, 19 64 , at which meeting
a quorum was present.
I further certify that the said ordinance has been pub-
lished In accordance with the charter of the City of Gilroy.
IN WITNESS WHEREOF, I have hereunto set my hand and af-
fixed the official seal of the City of Gilroy, this 23rd day of
4 September , 19 64 .
d~ J,~
/
City Clerk of the City of