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.
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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.
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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.
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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 ·