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Home My WebLink AboutORD 1056 - ORD Amending Code by Adding Sec 11-19.1 through Sect 11-19.12 n ~) o n ~ ~$ftll . 'ORDINANCE NUMBER 1056 AN ORDINANCE AMENDING THE CODEOP ORDINANGES OF THE CITY OF ,WEST UNIVERSITY PLACE, TEXAS, BY ADDING.SECTIONS 11-19.1' THROUGH'SECTION 11'-19.12;' PROVIDING, RULES AND REGULATIONS FOR THE . OPERATION OF EMERGENCY AMBULANCES WITHIN THE CITY' OF WEST UNIVERSITY ,PLACE; ,MAKINGGERTAIN 'PROVISIONS WITH' REGARD TO THE SUBJECT; PROVIDING A PENALTY; PROVIDING A ' SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the Code of Ordinances of the City of West UniVer- sity Place, Texas, is hereby amended by adding the following Sections to be numbered 11-19.1 through 11 ~ 19.12, whi ch said Secti onsshall read as follows: "Section 11-1'9.1. For the purpose of,this ordinance, certain words and phrases are defined as follows: Ambulance. A motor vehicle used, desi-gned or redesigned, and equip- ped for the primary purpose of the transportation of sick or injured persons. Ambulance Service. ' A trip made by an ambulance to transport a sick or injured person from place to place under other than emergency cir- cumstances. Di rect Call. A reques t for ambul ance servi-ce made by telephone or ' other'means d,irectly to an ambulance operator, his agents' or em- ployees. Driver1s Permit. A city emergency ambulance driver's permit. Emerqencv Ambulance. An ambulance used, designed or redesigned, and equipped for the primary purpoSe of transporting sick or injured per- sons under emergency circumstances, and the rendering of first aid or the performance of re'scue work, or both, under such circumstances. Emerqencv Circumstances. The existence of circumstances in which the element of time in eXpeditiously'transporting a sick or injured per- son 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 time of emergency may be essential to the health or life of such person. EmerqencvAmbulance Service. A trip made by an emergency ambulance under emergency circumstances to the place of emergency, performance of any necessary rescue operations, rendering of any necessary first aid assistance and/or the trip to the hospital or other place for medical attention. An ambulance is being operated in emergency ambu- lance service if-all or any part:ofthe above 'described trip to the place of emergency and any 'subsequent trip to the hospital is made on ~.I- . ~.....J~_"""""':"'LI ,.' __~_.. ,JJ " " II r ; , , I L...... ~;i52 the streets within the corporate limits of the City of West Univer- sity Place and/or the City of Houston. An emergency ambulance shall !:;:] be considered on emergency ambulance service when it is responding to a call for emergency assistance even though, upon arrival at the place of' emergency, itis found no further 'emergency ambulance assis- tance is 'required or when it'is responding to a call for routine'ambu- lance service and during such trip emergency circumstances develop' (whether because the call for assistance was falsely made, or other- wise.)" . , Fire Department. The Fire Department of.the City of West University Place. Person. The term "person" includes IJpartnership", "firm", "associa- ti.on II and IIcorporation "" , Sectiohl1-l9.2. It shall be unlawful Tor' any person other than a member of the City of West University Place Fire Department to operate or drive an emergency ambulance upon the streets 'of the' .citY, provided, however, that when requested to do so a member of the City of' Houston Fire Department assigned to drive an emergency ambulance shall be permitted and authorized to operate such ,emergen~y ambulance upon the streets: of ,the city. ' ' Section ll-19.3. 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 furnishingemergency"ambulance service, includirig'emergency ambulances operated by the Fire Department'of the Cityof'West: University Place, unless :,.] there is aboard such emergency ambulance on each trip at .leasttwo persons, one . of whom is the holder of a valid Certificate of Proficiency as a Qualified Emergency Ambulance Techriicianissued by the Director of the Department of Public Health of the City of Houston. The holder of such Certificate must be the person attending the patient while such patient is being transported. Section: 11-19.4. No emergency ambulance s.hcill be operated on the public streets of the city unless it is free of known structural qefects and uh'less it has no serious impairment of any safety feature resulting from an accident or otherwise: No emergency ambulance shall be operated upon the streets of thedty for the purpose 'of furnishing emergency ambuhnce service unless'~h~'until ~uch ambulance has beendulylic~nsed in accordan~e with Article 4590b, V.T.C.S. ... , 0 Section '11-19.5. ' The Chief of the Fire Department shall 'cause all emergency ambulances operated by the Fire Department 'to 'be inspected before beirig placedi~ ser~ice and shall thereafter inspect such ambulance not less than oriceeach six (6) months and at such more frequent intervals 'if it be deemed reasonable and necessary. Any ,structural d~fects or deficiencies that are found in equipment shall be properly corrected. All emergency ambulances shall havepromi'nently dfsplayed 'on both exteriorsfdes thereof the name of the ambulance servi ce. ' , , /' ' Section 11-19.6. The operation of emergency ambulances 'by the City of West Universi'ty Place for furnishing of emergency 'ambulance service is here- by declared to be'a governmental function' to"beperformed'by the Fire Department in accordance with the terms of this ordinance. It'shall be unlawful for any 1-j '----" n --------' OJll I I . ( o ~~.1~3 ,~~.. "~. ~." person, other, than members of such Fi re ,.Department ,whiTe dri ving emergency ambulances operated by the Fire Department, to furnish or to attempt to furnish emergencyambulance.serV+:ce'.or: to operate or qrive 6r<cause'to'be ~perated or dri ven any ambul ance on the, streets of thedty for the purpose of furni shi ng emergency ambul ance servi ce, except as provi ded~erei n. Pro.vi ded, however, a member of the Police Department may dri.ve said ambulance if requested by. the Fire Chief or hi.s duly authorized designee. (a) It shall not be unlawful for any person operating an ambul ance upon the streets of the ci ty, when upon r:espbndi ng to a direct call for. ambulance, serviCe and determination is made than an "emergency exists requiring the sick or injured' person to be transported with~ll practical speed for medical treatment and,attention.to 'operate such ambulance in emergency ambul ance servi ce.' " (b) It shall not be urilawful, for any persontb operate an ambulance in emergency ambulance~serv;ce;_when,by reason of 'FireD~par:tment,ambulancesnot being available, the Fire De- partment of the City of West UniversitY Pl~ce calls upon such' ambulanceopeN.tortofurni~h~taDd""by.or back-up emergency ambul ance service.,for the Fi reDepar,tment. ' Section 11-19.7. N6thing h~rein sh~ll ~rohibit any person owning ariambulance.duly licensed and op~rated)n a~co:rdance with Article 4590b, V.T.C.S., from operating such ambulance onthepublie-streets for the purpose of furni shi.ng amhul anceseryi ce only . The dri ver, of any' such ambulance shall comply wi th all ofth~ -traffi C 1 aw's of~ the'State 'of.Texas and _ordinances'. of the City of West University Place in furnfshilJg such. ambulance's~rvice. The'opera- tor thereof 'shall not permit such qmbulance'to be used for emergency. ambulance service unless. all requirements of this ordinance regarding' emergency ambulance service have been compliedwith~ " , Section 11""19~8~ The use. of signs or flashing emergency lights on an ambulance upon the public streets of the City of West 'University shall be un- lawful except when furtiis'hingemergency ambulance service in accordance with the terms of thi s ordinance. ' .., ., ' , . ' Section 11-19.9. (A) It shan be unlawful to operate and drive-any emergency ambulance on, the streets.in emergency ambulance service at a rate"of speed of more than five (5) miles per hour'in excess of 'the speed 'limits appli- cable to ordinary non-,emergency vehicles.. ,. (B) It shall be unl awful to operate or drive a'nyemergency ambulance on the streets of the city in emergency ambulance, service in excess of ten (10) mi 1 es ' per hourwhi 1 e enteri ng arid. pass i ng throu.ghan , inte,rsecti on contro 11 ed by a stop sign'or while entering an'd passing-through an intersection controlled by any traffic signal Which" ~t the~ time ,indi,cci~te.s s.top by di'splayi ng a red 1 i ght, and, unless the oper:ator. :thereof slows down as necessary for safety upon ap:'" proaching the stop,si,gn'or signal and only then proceeds cautiously past such stop sign or signal. ' Sectionli":"19."O'~, it shall be unlawful for the driver or the atten- dant of any emergency ambulance tofai"'torender<first aid'and"assistance to the sick or injured at the place of emergency.' It shall be unlawful for 'an ... . ~-~. . II-:.t~. . :f' .. ;j ;lp1 ':. ":' '~..': :;. emergency ambulance operator or,the,:,bol,der, of,a Certificate of. Proficiency as a Qualified Emergency Ambulance Techni-cia'n to refuse to carry or transport any sick or injured person from the place of an, emergency or the place of a direct ca 11 to whi ch h,e, ,hai~\ !respon;ded fot:', th,e reasO,Q that, s;uch per,$,on is or appears to be, indigent and.unabl~ to, ,gay. the cost.,of:such sery,ice,;, It ,shc;lll be unlawful for any perS,or:l~ whi 1 e operati ng or accompanying ,an. emergency, .ambul ance on the pub 1 i c streets or easements of the c.i,ty~ .to $,01 icit lius fness ,of. transporti ng the sick or injured. ',' ., " '.' , . Section 11-19.11. Any person who willfully, in writin~ or orally, or by use of any 'telephone, telegram, radio or mechanical device or contrivance whatsoever~ or' by any 'nameknown, shall make , give, send a report,. or communi- cate any false, call or request for service of any ambulance or communicate any false report orfa'lsely report any act or,fact'situation initially and volun- tari ly to the Fire Department or to any person operating an ambul:a,nce service in West University Place for the purpose of causing;or which report or false call or r~quest 'fpr servi~es is cal~ulated to cause an ambulance to respond thereto, or to door perform some act or to do or render some service as a re- sult thereof,<shall beguilty:-ofan,offense. ,The,.offensede~ouY1ced herein ,is basicaHy" the offense of giving or causing to be,given,by any means a false emergency ambulance service alarm or false ambulance service request, and noth- ing herein shall be construed as,including aprqhibit.ion:aga~n$t the offense of telephone harrassment already prohibited by Article 476"of the Penal Code of the State of.Texas, asamendedHby Acts 1965,' 59th L~gislature"p. 1254, Ch. 575. Secti on, 11 ':" 19.12:; In its di screti o{l, tt)~ City COl)1mi ssion may, from time to time, establ isn. a standard charge or charge~, to, be collected for the providing of,emergencyambulance service by the Fire.Departmentof the city, in order to at least partially defray the cost to the city of, performing such function. "nH:~:Fire Department shall maintain a record of each. case ofemer- gency ambulanceassistancecrepdere(l to ea~h sick or ,injured person and shall send a copy of such record, with all necessary data for the billing thereof, to the Tax Assessor/Collector, who shall bill the person served for the same in accordance with such st~ndards:established by,the City Commission. Nothing herein shall authorize the Fire Department, under any circumstances, to refuse emergency ambu1.ance9.ssis:tance to: any person upon 1;~e grounds that s,u<:h person is indigent and unable to pay for' such service. . ,:, ,":" , "~ " Section, 2. ,Any 'person yiolatingany' of the .provisions.of this ordi- nance shall, upon conviction, be punished by fine as provided in Section 1-6 , of this Code. In addition~ the City Attorney of the City of West University Place is hereby authorized to file suit .in any court of competent jurisdiction to enjoin any person from violating or ca'using to be violate,d any of the pro- visions of this ordinance. . : ",' >': . . 1" . ". . Section 3. ' If.any provision, sect'ion, subsection, sentence, clause or phrase of this ordinance, or the application of same to any person or set of ci rcumstance,s i:s for -any reason hel d to .be u.nconstit,utio,nal" ,void or in- valid, the validity of the remaining portionsofthi'sordinance or 1:;heir appli- cati on to other persons or acts of ci rcumstaricesshall not be affected thereby, it being the intent of the City Commission in adopting this ordinance that no portion hereof or provision, or regul~tion contained herein, shall become in- operative or fail by, y?ea~Qn of.any unconstitutional.i--t;yof any other portion hereof and all: provisions of thi~ ordinance are deGlared to be seierable .for that purpose. 1\ I I I --.....J ,...-, i , I \ ' l........./ I : I U o o o L Section 4. This ordinance shall become effective immediately from and after its passage and approval by the Mayor. PASSED AND APPROVED .th'i s. the l2.thday of January ~ 1976. Commis'sioners Voting Aye:. All ' , Commissioner's Voting No: None GMjttl~ ~ '" ' ',' Mayor . '" . . ~. ~ ATTEST: Jf~"x~~ Assistant' City, Secretary , ': .-, 1" ....J L'I -'III",f' r - - "L......, ,___~ JJ i\~t' r'1'fJ5