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Ordinance 1979-20ORDINANCE NO. 79-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING CHAPTER 3A OF TI{El GILROY CITY CODE PERTAINING TO AMB~CES. THE CITY COUNCIL OF THE CItY OF GILROY DOES ORDAIN AS FOLLOWS: Section I: Chapter 3A of ~the Gilroy City Code pertaining to Ambulances is hereby amended to read as follows: CtlAPTER 3A A UL NC S Art. I. Rates Art. II. Licenses § 3A.1 § 3A.2 Article ~. Rates Establishment!by city council; posting of rate schedule, i Charging other than established rates prohibited; changes in rates. Article ~I. Licenses § 3A.3 Required. § 3A.4 § 3A.5 § 3A.6 Exceptions. Application-F~rm and contents. Fees. ~ § 3A.7 § 3A.8 § 3A.9 Issuance; renewal. Insurance-ReqUired; limits. Same-Coveragei term; effect of termination § 3A.10 Suspension orirevocation. Sec. 3A.1  ?ates Article ., Establishment by city council; posting of rate schedule. ' - ' The city council shall be and it is hereby authorized and empow- ered to establish and keep on file with the city clerk a maximum rate schedule which may be charged by ambulance operators licensed under this chapter within the city. Such rates shall be established by reso].ution 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 such ambulances are stationed. -i- ORDIi'~APiCE NO. 79-20 Sec. 3A. 2 C~ other cnanges z~---~t ' than established rates prohibited; es. 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 shalil be submitted to the city administrator for his recommendation and shall be subject to approval by the city council. Article !II. Licenses Sec. 3A.3 Required. No person shall engage in !the business of operating ambulances upon the streets of the city without first obtaining a license from the city, as hereinafter provided. Sec. 3A.4 Exceptions. Any person operating an ambulance from a point outside the city 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 chapter. 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 authorized law enforcement agency. Sec. 3A.5 Application-Fo~TM and contents. Applications for licenses~hereunder shall be made to the director of finance upon blank forms provided by such officer. Such applica- tion shall contain the following information: (a) Name and address of ambulance owner. (b) The location and description of the place or places from which the ambulance is intended to operate, (c) The schedule of rates or fares proposed to be charged for carrying the patients or passengers which applicant proposes to trans- port. Sec. 3A.6 Fees. An application hereunder Shall be accompanied by a license fee of fifty dollars each year for~a right to engage in the ambulance business. Such 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 such holder of the vehicle or vehicles under his operation and control. -2- ORDINAt4CE NO. 79-20 Sec. 3A.7 Issuance; renewal. After the finance director has made an investigation of the application, 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 gr~nt 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 de- termining whether public convenience and necessity require the licen- sing of the proposed ambulance iservice, the city council shall consider whether the public is, at that time, adequately served, the financial responsibility of the applicant, the number, kind and type of equip- ment, 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 under state law.i (c) That all the requirements of this chapter and all other gov- erning laws and ordinances hav~ been met. (d) 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. Sec. 3A.8 Insurance-Require4; limits. Prior to commencing operations under a license issued hereunder, the licensee shall file with the city clerk a policy of insurance exe- cuted by an insurance company authorized co do business in this state, which policy shall be a~proved by the city attorney, whereby the owner and driver of each of the vehicles described in such 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, opera- tion or other use thereof, the minimum liability limits upon each such vehicle being not less than one hundred thousand dollars on account of personal injury to or death.of any one person in any one occurance and three hundred thousand dollars on account of personal injuries or death of two or more persons in any one occurrence and minimum liability limits upon each such vehicles ibeing not less than twenty-five thousand dollars for damage to or destrUction of property in any one occurrence. Such policy will not be cancelled until.notice in writing is given to the city clerk at least thirty !days immediately prior to the time such cancellation shall become effective. Sec. 3A. 9 Smme-Coverage; ~term; ef__fect of t~.rmination. Every insurance 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 days' written notice to the city clerk and to the assured before any cancellation or termination thereof earlier than its expiration date. The cancellation or termination of any such policy shall automatically revoke and!terminate the licenses issued for the ambulances covered by such policy unless another insurance policy complying with the provisions of this section shall be provided and be in effect at the time of such cancellation or termination. If the period covered by ~he insurance policy is shorter than the period covered by the license issued, then the license shall be auto- matically terminated when the Period of insurance coverage expires unless the policy shall be ren~'~wed in accordance with the terms re- quired hereinabove. -3- Sec. 3A.10 Suspension or revocation A permit issued under the ~rovisions of this article may be revoked or suspended by the city council if the [~lder thereof has (a) violated any of the provisions of this chapter, (b) discontinued operations for more than thirty days, (c) violated any ordinance of the city or the laws of the United States or the state, the violations of which reflect unfavorably upon the fitness of the holder 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 year after the date of such revocation. Section II: Ail ordinances and parts of ordinances in conflict herewith are hereby repealed. Section III: This ordinance shall take effect and be in full force thirty (30) days from and after its passage and approval PASSED AND ADOPTED this2Oth day of August, 1979, by the following vote: AYES: NOES: ABSENT: COUNCILME}~ERS: COUNCIL~ERS: COUNCILMEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, STOUT and GOODRICH NONE PATE APPROVED: Mayor ~ Cit~ Clerk ORDI~ANCE NO. 79-20 I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached OrdinanCe No.~79-20 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 20th day of August , 1979_ , , at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the offici~seal(~j~ of the~ty of(~~.~__GilrOy, ~js 17th (Seal) day of Au0ust 1979 ·