Ord. 1220-1 2009-01-12 * Codify 2012-10-09ORDINANCE NO. 1220-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING CHAPTER 9 1/2, EMERGENCY
MEDICAL SERVICES, OF THE CITY OF PEARLAND CODE OF
ORDINANCES, FOR THE PURPOSE OF UPDATING THE
ORDINANCES RELATIVE TO EMERGENCY MEDICAL SERVICES;
PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE;
PROVIDING FOR PUBLICATION, CODIFICATION, AND AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Chapter 9 1/2, Emergency Medical Services, of the City of
Pearland Code of Ordinances, is hereby AMENDED to read as follows:
"ARTICLE I. IN GENERAL
Sec. 91/2-1. Definitions.
For the purposes of this chapter, certain words and phrases are defined as follows:
Ambulance: A motor vehicle used, designed or redesigned and equipped for the primary
purpose of the transportation of sick or injured persons, whether functioning as a basic
life support, advanced life support, or mobile intensive care unit service level as
provided by state law.
City: The City of Pearland, Texas.
City limits: The area in the city within the corporate city limits.
Department: The city emergency medical service employees and members thereof.
DSHS: The Texas Department of State Health Services as presently constituted, or any
successor agency.
Direct call: A request for ambulance service made by telephone or other means directly
to an ambulance operator, his agents or employees.
EMS Director: The director of the City's Emergency Medical Services Department.
Emergency ambulance: An ambulance used, designed, redesigned or equipped for the
purpose of transporting sick or injured persons under emergency circumstances, and
the rendering of first aid.
ORDINANCE NO. 1220-1
Emergency circumstance: The existence of circumstances in which the element of time
in expeditiously transporting a sick or injured person for medical or surgical treatment is
essential to the health or life of such person, and in which rescue operations or
competent first aid or both, at the place of emergency, may be essential to the health or
life of such person.
ETJ: The City's extra -territorial jurisdiction.
Medical transfer service: A response made by an ambulance for the transportation of
individuals to or from a medical facility, a nursing home, a assisted living facility, or
residence under circumstances, which do not constitute an emergency.
Medical transfer service permit: A certificate of authorization issued by the city to the
owner allowing such owner to operate an ambulance for medical transfer services within
the city limits.
Medical transfer service provider: A person providing medical transfer services and
holding a valid medical transfer services permit.
Sec. 9'/z-2. Interference with department personnel, equipment.
It shall be unlawful for any person to physically obstruct any department personnel
proceeding to the scene or reported scene of any accident or emergency call, or to
physically obstruct any department personnel in the course of treating the sick or injured
at any such scene. It shall be unlawful for any person to fail or refuse to surrender any
sick or injured person to the care of any department personnel at the scene of any
accident or emergency call. It shall be unlawful for any person to damage, destroy or
deface any attached or unattached apparatus or equipment belonging to the department
or any structure used to house or protect such apparatus or equipment.
Sec. 9 %-3. Penalty.
Any person, firm or corporation who violates or fails to comply with the requirements or
provisions of this chapter shall be deemed guilty of a misdemeanor and shall, upon
conviction by a court of competent jurisdiction, be punished by assessment of a fine of
not less than one dollar ($1.00) nor more than five hundred dollars ($500.00), and each
day such violation or failure to comply is allowed to exist shall constitute a separate and
distinct offense. In addition, the City Attorney is authorized to file suit in any court of
competent jurisdiction to enjoin any person from violating or causing to be violated any
of the sections of this article.
Secs. 91/2-4--91/2-10. Reserved.
ARTICLE I1. EMERGENCY MEDICAL SERVICES DEPARTMENT
2
ORDINANCE NO. 1220-1
Sec. 91/2-11. Established; maintenance and operation; generally.
There is hereby established a city emergency medical service for rendering emergency
care and/or transporting sick or injured persons within the city and the city's
extraterritorial jurisdiction. Such service shall be maintained and operated as a
department of the city.
Sec. 9 1/2-12. Supervision and control.
The operation of such city emergency medical service shall be under the supervision
and control of the EMS Director.
Sec. 91/2-13. Medical director; authority.
The medical director shall have control over all medical supervision, as set forth in
Texas Occupations Code Chapter 157. The medical director shall be appointed or
removed at the recommendation of the City Manager with approval of the City Council.
The medical director shall receive such compensation as may be fixed by City Council.
Sec. 91/2-14. Director of emergency medical services.
The Director of Emergency Medical Services shall be under the direct supervision of the
City Manager. The director shall make monthly reports to the City Manager as may be
required. The director shall be responsible for the administration of the policies, rules
and regulations established by city ordinances and state law.
Sec. 91/2-15. Departmental policies; rules and regulations.
The EMS Director shall prescribe such policies, rules and regulations for the conduct of
the department, as he or she may deem necessary or advisable, subject to the approval
of City Manager. Upon the City Manager's approval, all such policies, rules and
regulations shall be binding on all employees of the department.
Secs. 9 1/2-16-9 1/2-22. Reserved.
ARTICLE III. AMBULANCES
Sec. 9 1/2-23. Personnel required during operation of emergency ambulance.
It shall be unlawful to operate or drive or cause to be operated or driven an emergency
ambulance on a public street of the City when furnishing emergency ambulance service,
including emergency ambulances operated by the Emergency Medical Service
Department of the City, unless there are available to such emergency ambulance on
each trip the minimum staffing requirements as set out in Section 157.67 (a) of
Emergency Medical Services rules adopted by the DSHS under Section 773.050 of the
Texas Emergency Medical Services Act, Texas Health and Safety Code Chapter 773.
3
ORDINANCE NO. 1220-1
Sec. 9 1/2-24. Licensing and operating condition requirements for emergency
ambulances.
No emergency ambulance shall be operated upon the streets of the City for the purpose
of furnishing emergency ambulance service unless and until such ambulance has a
valid permit issued by the DSHS.
Sec. 9 1/2-25. Safety and first -aid equipment required.
No ambulance shall be operated upon the streets of the City for the purpose of
furnishing ambulance service unless such ambulance is equipped as set out in Section
157.67 of Emergency Medical Services Rules adopted by the DSHS under Section
773.050 of the Texas Emergency Medical Services Act, Texas Health and Safety Code
Chapter 773.
Sec. 9'/2-26. Operation of emergency ambulances, generally.
The operation of any emergency ambulance or emergency ambulance service within
the territorial limits of the City is hereby declared to be a governmental function of the
City, to be performed in accordance with the terms and provisions of this chapter.
Sec. 9 1/2-27. Certain operations unlawful; exceptions.
It shall be unlawful for any person, other than a member of the department, while driving
an emergency ambulance as defined herein, to furnish or attempt to furnish emergency
ambulance service, or to drive or operate, or to cause to be driven or operated, any
ambulance within the territorial limits of the City for the purpose of furnishing emergency
ambulance service, except as otherwise provided herein.
(a) A person may operate an ambulance in emergency ambulance service to a
hospital when such person at the time has an established place of business at a
permanent address outside the city and when:
(1) The place of emergency at which the sick or injured patient was picked up
by such ambulance is outside the City; and
(2) The ambulance performing such emergency ambulance service is, at the
time of such performance, duly permitted and being operated in
accordance with the Texas Emergency Medical Services Act, Texas
Health and Safety Code Chapter 773.
(b) A person may operate an ambulance in emergency ambulance service when, by
reason of department ambulances not being available, the department calls upon
such person to furnish standby or backup emergency ambulance service within
the city.
4
ORDINANCE NO. 1220-1
(c) A person may operate an ambulance in emergency ambulance service when, in
the course of a non -emergency transport allowed in (a) above, a medical
emergency arises in which the individual being transported requires emergency
medical service.
In each instance set out in subsections (a) through (c) above, the driver or operator of
such ambulance shall notify the police dispatcher of the conditions requiring the
operation of his vehicle in emergency ambulance service, the location from which he is
proceeding and the location to which he is proceeding under emergency ambulance
service. Each ambulance being operated under the provisions of this section shall
comply with all general requirements of this chapter regarding emergency ambulances
of every nature. Upon arriving at his destination, the ambulance driver or ambulance
operator will again notify the dispatcher that he has arrived and is no longer in
emergency ambulance service. When the driver or operator of an ambulance is
responding to a direct call for ambulance service, either under emergency conditions or
otherwise, he shall inform the police department dispatcher of the location of such call
and such information as he may have concerning the circumstances surrounding the
request for service, and if the police department dispatcher reports that a city
ambulance is either en route to the same location or has arrived there, and instructs
such ambulance driver or operator not to respond to such call, it shall be unlawful for
such driver or operator to so respond when instructed not to do so by the police
dispatcher.
Sec. 9 1/2-28. Duty to render aid and transport.
It shall be the duty of the driver or the attendant of any emergency ambulance to render
first aid and assistance to the sick or injured at the place of emergency. It shall further
be the duty of an emergency ambulance operator to carry or transport any sick or
injured person from the place of emergency to a medical facility as may be necessary
without regard to the ability of the person requiring transport to pay for the service.
Sec. 9 '/2-29. Solicitation unlawful.
It shall be unlawful for any person, other than a member, officer or employee of the
department, while operating or accompanying an ambulance within the territorial limits
of the City, to solicit the business of providing emergency medical service or
transporting the sick or injured.
Secs. 9 1/2-30-9 %-39. Reserved.
ARTICLE IV. MEDICAL TRANSFER SERVICES
Sec. 9 1/2-40. Permit required; exception.
5
ORDINANCE NO. 1220-1
(a) Required. No person shall furnish, operate, conduct, maintain, advertise or
otherwise be engaged in the operation of medical transfer services within the City limits
without having first obtained a medical transfer services permit.
(b) Exception. A medical transfer services permit shall not be required for:
(1) Emergency Medical Service vehicles or ambulances owned and operated
by a governmental entity; or
(2) Emergency medical service vehicles or ambulances operating at the
request of the City in cases of a mutual aid, disaster, or system overload.
Sec. 9 1/2-41. Application.
An application for a medical transport service permit shall be filed with the EMS Director
on a form provided by the director. Application for initial service may be made at any
time and shall contain the following:
(a) The name, title, business address, and the business phone number of the
applicant as well as the following information as applicable:
(1) If the person submitting the application represents a partnership, then the
name, title, business name, business address, and business phone
number shall be given on all partners and persons having an interest in
the business;
(2) If the person submitting the application represents a corporation, the name
and location of its principal place of business, as well as the name,
telephone number, and address of all the officers and directors of the
organization.
(b) Documentary evidence from the City's tax assessor -collector that ad valorem
taxes on the property to be used in connection with the operation of the proposed
medical transfer service have been paid;
(c) The names, business addresses, and business phone numbers of the
organization responsible for dispatching ambulances;
(d) The name, address, phone number, and qualifications for the Medical Director
responsible for all aspects of the operation of the applicant's medical transfer
services within the City limits;
(e) A description of the make, model, vehicle identification number, and license
number of each ambulance proposed to be utilized in providing medical transfer
services within the City limits;
6
ORDINANCE NO. 1220-1
(f)
Level of care that the applicant proposes to provide according to the DSHS
standards within the City limits;
(g) A certificate of insurance meeting the requirements of Section 9'/2-43;
(h) Proof of a valid DSHS emergency medical service provider permit; and
(i) A sworn statement by the applicant that the information provided in the
application is true and correct.
Sec. 91/2-42. Fee.
Each application for a permit required by this department shall be accompanied by a
non-refundable permit fee, payable to the City of Pearland, as listed below, to cover the
expense of carrying out the provisions of the article:
Application fee, per year... $250.00
Each ambulance, per year...$100.00
There shall be no proration of fees.
Sec. 9 1/2-43. Insurance.
(a) Any applicant for a permit under this division shall, before the permit can be
issued, procure, maintain, and furnish proof of financial responsibility as required by law
and as prescribed in this section. The applicant shall keep in full force and effect during
the entire term of this permit, the following insurance coverages in the minimum limits
listed:
(1) Not less than one hundred thousand dollars ($100,000) for each person
and three hundred thousand dollars ($300,000) for each accident for
personal injuries, and one hundred thousand dollars ($100,000) for
property damage. This automobile liability insurance shall not contain a
passenger liability exclusion. A written statement from an authorized
agent of the ambulance operator's insurance carrier verifying the issuance
of such insurance shall be filed with the EMS Director before any permit
may be issued. All such verifications of insurance shall provide for a
thirty -day cancellation notice to the EMS Director.
(2) Commercial general liability insurance with a minimum aggregate of one
million dollars ($1,000,000.00) and a minimum per occurrence of five
hundred thousand dollars ($500,000.00).
(3) Applicant must agree to indemnify and hold harmless the City for any and
all claims arising from applicant's operations in the City.
7
ORDINANCE NO. 1220-1
(b) The insurance company shall be of sufficient assets, with an agent in the State of
Texas upon whom service of process may be made, and shall be approved by the City
Attorney. Every insurance policy and certificate of insurance must contain a provision
or an endorsement requiring that the policy will not be canceled, suspended, voided, or
reduced until at least 30 days prior written notice has been given to the City via certified
mail, return receipt requested. Additionally, the City shall be added as an additional
insured on the policies, and the coverage shall contain no special limitation on the
scope of protection afforded to the City. If the policy does not provide coverage for "any
auto," then a schedule of the covered autos is required to be submitted and filed with
the City Secretary. Only those covered autos will be permitted to operate within the
City.
(c) If the City Attorney determines that the insurance coverages required in
subsection (a) of the section has become so impaired so as to require new and
additional insurance, the City Attorney shall require such additional insurance in such
company as he may feel is necessary to ensure faithful performance by the operator of
ambulances, his agents, servants, and employees.
(d) If the insurance policy is canceled and no insurance policy is filed by the owner
or ambulance operators before the cancellation, the permit to operate ambulances
granted to such person shall be immediately and automatically revoked.
Sec. 9 1/2- 44. Inspection.
(a) The EMS Director, or designee, shall have the right to inspect, at any time, all
ambulances permitted or to be permitted under this division to determine if such
vehicles meet the following minimum standards:
(1) Each vehicle shall be equipped according to the DSHS equipment
standards, and as determined by the ambulance service medical director;
(2) Each vehicle shall be free from dirt or rubbish and shall be otherwise clean
and sanitary;
(3) Each vehicle shall meet the general standards and requirements of this
article;
(4) Each vehicle shall have the company name displayed on each side of the
vehicle and on the rear; and
(5) Each vehicle shall be inspected each year by a person authorized to
conduct vehicle safety inspections by the State of Texas.
(b) At no time shall any ambulance that is found to be unsafe by the EMS Director,
or designee, be operated on the streets of the City. Nothing in this section, however,
shall prevent the EMS Director, or designee, from inspecting any ambulance at any
8
ORDINANCE NO. 1220-1
time. If the inspector finds that any ambulance is in defective condition, the EMS
Director, or designee, shall order the use of the ambulance discontinued until the
ambulance is reinspected and approved.
(c) At no time shall a person operating a permitted transfer ambulance in the City,
respond to or from a direct call for a medical transfer service, operate such ambulance
under emergency conditions, using emergency equipment, until notifying the City's
central dispatching center. The operator of the ambulance shall notify dispatch of
reason for emergency traffic, where responding from, and destination.
Sec. 9 1/2-45. Payment of ad valorem taxes.
It shall be the duty of every medical transfer services provider to pay all ad valorem
taxes assessed by the City against such vehicle and all other personal and real property
used in such business. The failure to pay such ad valorem taxes before they become
90 days delinquent shall result in revocation of the permit issued in accordance with this
chapter.
Sec. 9 1/2-46. Issuance of permits.
(a) The EMS Director shall issue to each applicant a permit for each vehicle upon
the applicant's filing of written proof of insurance as required in this division, upon
ensuring that all City taxes on each vehicle and all other personal and real property
used in such business have been paid and upon determination that all requirements of
this chapter and all applicable state and federal statutes and regulations have been
satisfied.
(b) Permits shall be issued for a 12-month period. Such period shall run from
January 1 to December 31 of each year. Any new permit issued during the year shall
begin on the date of issuance and shall end on December 31 of that year. The permit
shall state the period for which the permit is issued, the name of the owner, the make of
the vehicle(s), the vehicle identification number(s), and the current license number(s).
Sec. 9 1/2-47. Renewal.
(a) An application for renewal of an existing permit shall be filed on or before
December 1 for the renewal period covering the following calendar year. The
application process shall be the same as specified in this chapter for initial permits.
(b) The EMS Director shall issue a medical transfer service permit for each
ambulance for which it has received a renewal application upon the applicant's filing of
written proof of insurance as required in this chapter, upon ensuring that all City taxes
on each vehicle and on all other personal and real property used in such business have
been paid and upon determination that all requirements of this chapter and all
applicable state and federal statutes and regulations have been satisfied.
9
ORDINANCE NO. 1220-1
(c) If a permit has been suspended during the permit year, re -issuance of such
permit will be reviewed by the EMS Director and the medical director during December
of the same year. The re -issuance of such permit shall be denied if the EMS Director
and the medical director determine that the health, general public safety and welfare of
the citizens of the city would not be protected by re -issuance of said permit.
Sec. 91/2-48. Transferability.
A permit issued under this chapter shall be personal to the permittee and shall not be
transferable.
Sec. 9 1/2-49. Alteration of terms by City Council.
The City Council expressly reserves the right to modify, amend, change, or eliminate
any of the provisions of any permit issued under this chapter, during the life of the
permit, to:
(a) Eliminate or delegate any conditions that might prove obsolete or
impractible; or
(b) Impose any additional conditions upon any owner as may be just and
reasonable, and which are deemed necessary for the purpose of
promoting adequate, efficient, and safe ambulance service to the public.
Sec. 91/2-50. Requirements for business location.
If the business location of the ambulance service, firm, or organization is located within
the City limits, the building must be in compliance with all City ordinances, state, and
federal laws. Pursuant to this specific chapter, no such ambulance service, firm, or
organization can operate as its main place of business or a storage supply facility in a
private residence. The EMS Director, or designee, has the right to inspect such
locations as often as he deems necessary to ensure compliance with all provisions of
this chapter. The refusal of any ambulance operator with a business office located
within the City limits to allow the EMS Director, or designee, to inspect such premises
shall be considered a violation of this chapter.
Sec. 9 1/2-51. Revocation.
(a) In addition to the penalties as provided in the Code for violations of this article, a
medical transfer service provider or any of its officers agents and/or employees who
violate any section of this chapter, including allowing drivers to operate of drive any
vehicle while not properly licensed, is subject to immediate revocation of its medical
transfer service permit to operate within the City limits by the EMS Director. However,
not Tess than 10 days before such revocation, the owner shall be given written notice, by
either personal delivery or certified mail to the permittee's address as shown on the
permit application, and an opportunity to be heard before the EMS Director and the
10
ORDINANCE NO. 1220-1
medical director as to why the permit should not be canceled. No such notice or
hearing shall be deemed necessary prior to the revocation of a permit for failure to
maintain proper insurance as required.
(b) If the director's decision is not acceptable to the applicant or permittee, he may,
within 10 days of that decision, file an appeal in writing with the City Manager. Such a
written appeal shall set forth the specific grounds therefor. The City Manager shall
notify the appellant within 10 days after the receipt of appeal as to the time and place of
the hearing, which shall be within 30 days of receipt of such appeal. The determination
of the City Manager on any appeal pursuant to this chapter shall be final.
(c) Upon suspension, revocation, or termination of an ambulance permit, such
ambulance shall cease operations in the City and no person shall permit such
ambulance to continue such operations."
Section 3. Savings. All rights and remedies which have accrued in favor of
the City under this Ordinance and amendments thereto shall be and are preserved for
the benefit of the City.
Section 4. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
Section 5. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 6. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
Section 7. Publication and Effective Date. The City Secretary shall cause
this Ordinance, or its caption, to be published in the official newspaper of the City of
Pearland, upon passage of such Ordinance. The Ordinance shall then become
11
ORDINANCE NO. 1220-1
effective ten (10) days from and after its publication, or the publication of its caption, in
the official City newspaper.
PASSED and APPROVED ON FIRST READING this the 12th day of January,
A. D., 2009.
)1-ti Z012,
TOM REID
MAYOR
ATTEST:
i
�N4G, R G,
'SE ETARY
PASSED and APPROVED ON SECOND AND FINAL READING this the 26th
day of January, A. D., 2009.
ATTEST:
Y e1U NG L
SE ETARY
APPROVED AS TO FORM:
Cart—.
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
VOTING RECORD SECOND AND FINAL READING
JANUARY 26, 2009
Voting "Aye" - Councilmembers Owens, Saboe, Beckman,
Kyle, and Cole.
Voting "No" — None.
Motion passed 5 to 0.
PUBLICATION DATE: January 28, 2009
EFFECTIVE DATE: February 6, 2009
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
12