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Hallandale Beach City Zoning Code

CHAPTER 3

AMBULANCES1


Footnotes:
--- (1) ---

Cross reference— Traffic and motor vehicles, and boats, ch. 28.


Sec. 3-1.- Applicability of chapter; definition.

For the purpose of this chapter, an ambulance shall be considered a motor vehicle constructed, reconstructed or arranged for the purpose of transporting ill, sick or injured persons. This chapter shall be applicable to ambulance operators doing business in the city.

(Code 1980, § 31-20)

Cross reference— Definitions generally, § 1-2.

Sec. 3-2. - Compliance with chapter prerequisite to operation.

(a)

It shall be unlawful to operate within the city any vehicle constructed, reconstructed or arranged for the purpose of transporting ill, sick or injured persons unless the requirements of this chapter have first been complied with.

(b)

Prior to the issuance of any license provided for in this chapter, the city clerk shall ascertain from the police department and the fire department that the provisions of this chapter have been met as to the requirements contained in this chapter pertaining to these departments.

(Code 1980, § 31-21)

Sec. 3-3. - Licensed as required by state law; permitted uses.

Each ambulance shall be licensed in accordance with the provisions of the laws of the state; and its use shall be limited to transporting ill, sick or injured persons and any medical supplies or medical equipment.

(Code 1980, § 31-22)

State Law reference— Ambulance service license, F.S. § 401.25; ambulance permit, F.S. § 401.26.

Sec. 3-4. - Disqualification of operator.

No license under this chapter shall be issued to any person or any corporation in which any officer, director or stockholder or operator shall have been guilty of a felony or a crime involving moral turpitude.

(Code 1980, § 31-23)

Sec. 3-5. - Certificate of public convenience and necessity required; application; hearing; issuance; denial; form; transfer.

(a)

No person shall operate any ambulances upon any of the streets or the highways of the city without first obtaining from the city commission a certificate of public convenience and necessity as provided in this section.

(b)

Application for such certificates of public convenience and necessity shall be filed with the city commission, in writing, verified by the applicant, and shall specify the following matters:

(1)

The name and address of the applicant, and the names and addresses of its officers, if any.

(2)

The number of ambulances the applicant desires to operate.

(3)

A brief description of each vehicle, including the motor number, which the applicant desires to operate or use.

(4)

The rates to be charged.

(5)

A statement from the chief of police that the applicant is of good moral character and fitness and possesses sufficient knowledge of the provisions of this chapter. It is the duty of the chief of police to make proper investigation to determine the moral character and fitness of the applicant.

(c)

Upon filing the application, the commission shall fix a time for hearing and acting upon the application. Notice of such hearing shall be given the applicant and all other operators of ambulances within the city. Such notice shall contain a brief summary of the subject matter of the application and any other pertinent facts in connection with the application and shall be mailed at least five days prior to the date assigned for hearing of such application. At the time specified in such notices, or at such subsequent time as may be fixed by the commission, a public hearing upon the application shall be held by the commission. At or after such hearing, the commission may issue a certificate of public convenience and necessity as prayed for, or refuse to issue the certificate, or may issue the certificate with modifications or upon such terms and conditions as in its judgment the public convenience and necessity may require.

(d)

When any such application is heard and denied, the commission shall not thereafter entertain any further application covering the same applicant until the expiration of at least 90 days from the date of such denial.

(e)

When any application for a certificate of public convenience and necessity is made by any person, the commission shall grant such application when existing certificate holders fail to provide service and facilities which may reasonably be required by the commission. The city commission shall have sole and absolute discretion as to the existing service and whether facilities are adequate or inadequate.

(f)

Each certificate of convenience and necessity issued under the provisions of this section shall contain, among other things, the following:

(1)

The name of the grantee.

(2)

The number of ambulances which the applicant is permitted to operate.

(3)

The rates to be charged.

(4)

Such additional terms, conditions and provisions and limitations as the commission may deem necessary or proper in the public interest.

(g)

No certificate of public convenience and necessity issued under the provisions of this section shall be assigned or transferred without the consent or approval of the city commission.

(Code 1980, § 31-24)

State Law reference— Certificate from county required, F.S. § 401.25(2)(d).

Sec. 3-6. - Revocation or suspension of certificate of public convenience and necessity.

(a)

The city commission shall have the power to revoke all or any certificates of public convenience and necessity which may have been issued, under the provisions of this chapter, for ambulances, upon receiving reasonable proof to the effect that the ambulance for which any such certificate may have been so issued is no longer owned by the owner or transferee, or that such ambulance is in such condition that if put in operation it would be a menace to public safety.

(b)

The city commission may at any time suspend or revoke any certificate of public convenience and necessity for cause; but before suspending or revoking any such certificate, a statement setting forth the grounds upon which it is proposed to suspend or revoke such certificate, and setting forth the time and place when and where the city commission shall meet to consider the suspension or revocation of such certificate, shall be served upon the person whose certificate it is proposed to revoke [or suspend]. Such service shall be made personally on such person or by registered or certified mail addressed to such person at his last known address, as the case may be, at least five days before the date of such hearing.

(c)

Cause for the suspension or revocation of a certificate of public convenience and necessity shall include but is not limited to any violation of the terms of this chapter; failure to pay any judgment which may be obtained, or appeal taken and not superseded, and which may have been rendered by a court of competent jurisdiction against such operator because of injuries to persons or property inflicted or caused in the city by any ambulance owned or operated at the time of such injury by such operator; failure of such operator to have and maintain an established place of business; failure to render proper service; failure to take proper precautions to prevent the drivers of such operator from not complying with the terms of this chapter or other ordinances of the city pertaining to the operation of ambulances or not complying with the traffic ordinances of the city; or failure of such operator to comply with the agreement made at the time of accepting such certificate.

(Code 1980, § 31-25)

Sec. 3-7. - Rates; regulatory body.

The city commission is declared to be the regulatory body for the purpose of determining rates to be charged for the use of ambulances for other than any governmental entity.

(Code 1980, § 31-26)

Sec. 3-8. - Compliance; rate schedule on file.

No ambulance or operator shall charge any rate in excess of that rate which has been established by the regulatory body. Each licensee shall at all times be required to keep on file with the city clerk a complete schedule of rates and fees to be charged, which, except for those to be charged a governmental entity, shall be subject to the approval of the city commission, and recommendation of the South Broward Hospital Commission.

(Code 1980, § 31-27)

Sec. 3-9. - Transportation of deceased persons.

An ambulance may not be used for transporting the remains of humans after official pronouncement of death, except in cases of extreme emergency.

(Code 1980, § 31-28)

Sec. 3-10. - Insurance.

Each licensee under this chapter shall carry public liability and property damage insurance with solvent and responsible insurers, authorized to transact business in the state, to secure payment of any loss or damage resulting from any occurrence arising out of or caused by the operation or use of any of the licensee's ambulances. Each vehicle shall be insured for the sum of at least $25,000.00 for property damage and $100,000.00 for injuries to or death of any one person, and the sum of at least $300,000.00 for injuries to or death of more than one person in any one accident. Every insurance policy issued shall provide for the payment and satisfaction of any final judgment entered against the licensee or any person driving any such insured vehicle. No license shall be issued until the applicant files a certificate with the city clerk as proof that the requirements of this section have been met.

(Code 1980, § 31-29)

State Law reference— Insurance as required by state, F.S. § 401.25(2)(c).

Sec. 3-11. - Lettering of vehicle.

Each vehicle shall have lettering on all sides clearly indicating that such vehicle is an ambulance.

(Code 1980, § 31-30)

Sec. 3-12. - Attendants.

Each ambulance, while transporting an individual as a patient, shall be manned by two qualified attendants. One individual must be qualified and shall act as the chauffeur of the vehicle and must possess a valid chauffeur's license, and the other individual shall perform the duty of caring for the patient and his welfare. Each attendant shall be qualified in first aid, subject to the approval of the fire department, equal to or better than the requirement of an advanced Red Cross first aid rating, and shall carry with him at all times proof of such qualifications.

(Code 1980, § 31-31)

State Law reference— Certification and standards for personnel, F.S. § 401.27.

Sec. 3-13. - Radio; telephone service.

Each ambulance operating under a license from the city and furnishing emergency ambulance service in the city shall be equipped with a two-way radio operating on an independent radio frequency authorized by the Federal Communications Commission. The licensee shall maintain and provide, at its own expense, a telephone service such telephone service to be on a 24-hour basis. The ambulance headquarters shall maintain during the entire 24-hour period a telephone service sufficient to properly process all calls.

(Code 1980, § 31-32)

Sec. 3-14. - Logs.

All ambulances shall maintain written logs acceptable and accessible to the city, its commissioners, and officials of the police and the fire departments, which shall cover the following items:

(1)

Subject's name, address and sex.

(2)

Location of call.

(3)

Person or department requesting ambulance service, if obtainable.

(4)

Date and time of departure for the scene.

(5)

Date and time of arrival at the scene.

(6)

Date and time of departure from the scene.

(7)

Date and time of arrival at the hospital or the physician's office.

(8)

Date and time of return to the ambulance station.

(9)

Attending doctor's name.

A copy of the log shall be submitted to the chief of police monthly.

(Code 1980, § 31-33)

State Law reference— Required records, F.S. § 401.30.

Sec. 3-15. - Compliance with traffic laws; speed limit.

All ambulances shall operate under the traffic rules and regulations of the city and abide by all pertinent laws. No ambulance shall exceed the speed of 40 miles per hour except in cases of extreme emergency.

(Code 1980, § 31-34)

Sec. 3-16. - Exits from patient compartment.

Each ambulance shall have at least one exit from the compartment where the patient is carried and an additional emergency exit from such compartment.

(Code 1980, § 31-35)

Sec. 3-17. - Required equipment.

(a)

Each ambulance shall be equipped with the following, maintained in a workable and usable condition at all times, subject to inspection by the proper officials of the city:

(1)

One siren.

(2)

One red flashing light (front and rear).

(3)

Two adult splints.

(4)

Two child leg splints.

(5)

One oxygen tank with regulator and mask attached at all times. Tank shall contain medical oxygen.

(6)

One back board.

(7)

One collapsible stretcher.

(8)

One urinal.

(9)

Cotton blankets.

(10)

One UL-approved fire extinguisher CO 2 or dry chemical type of at least five pounds capacity.

(11)

Two restraint straps.

(12)

Two red flares.

(13)

Two sand bags.

(14)

Adequate supply of clean linen.

(15)

One emesis basin.

(16)

One spare size E oxygen tank filled with medical-type oxygen.

(b)

In addition to the provisions of subsection (a) of this section, each ambulance shall carry an attendant's bag which shall include the following:

(1)

One bandage shears.

(2)

One flashlight.

(3)

Four arm splints.

(4)

Six tongue depressors.

(5)

One small airway.

(6)

One large airway.

(7)

Six rolls of three-inch bandage.

(8)

Six rolls of two-inch bandage.

(9)

Two rolls of one-inch adhesive tape.

(10)

One infant oxygen face cone.

(11)

Two cravats.

(12)

Three 18-foot pieces of rubber tubing.

(13)

Two rolls of half-inch adhesive tape.

(14)

Ten four-by-four gauze pads.

(Code 1980, § 31-36)

Sec. 3-18. - Vehicle inspection; safety of equipment.

(a)

Each vehicle operating as an ambulance, prior to the issuance of a city license to do business, shall be inspected by the police department for compliance with the requirements of this chapter. Each inspection shall cover only a three-month period, at the expiration of which a new inspection is required. In addition to the customary inspection, the police department shall check the following as to safety:

(1)

Shock absorbers.

(2)

Tires with adequate tread for nonskid operation throughout the inspection period.

(3)

Glass for pits or cracks.

(4)

Stretcher retaining locks.

(5)

Security of all auxiliary equipment.

(6)

Safety belts fastened to the main stretcher.

(b)

Each ambulance shall be brought to the municipal garage for quarterly inspections and within 15 days of the time prescribed by this section for such inspections. The inspections provided for in this section shall be made by authorized personnel of the traffic division of the police department. The purpose of the inspection is to determine that each ambulance licensed under the terms and provisions of this chapter is complying fully and completely with all the terms, conditions and provisions of this chapter.

(c)

If an ambulance is examined and thereupon found to be in compliance with this section, a written statement shall be given to the owner or operator to that effect; if an ambulance is found to not be in compliance, the owner or operator shall be so notified and given full particulars as to wherein the ambulance is not in compliance, whereupon the owner shall have a period of seven days within which to effect compliance and to pass the inspection required in this section. If compliance is not effected within the prescribed time, the city commission shall have the right to revoke the certificate of convenience and necessity issued for such ambulance not so complying.

(Code 1980, § 31-37)

State Law reference— Inspection by state, F.S. § 401.31.

Sec. 3-19. - Emergency medical service rate.

A rate will be charged for each emergency medical call responded to by the city which results in the transportation of an individual in which basic life services (BLS) are rendered, while a rate will be charged for each such call in which advanced life services (ALS) are rendered. A fee, which is on file in the city clerk's office, will be charged for each emergency medical call responded to by the city which does not result in the transportation of an individual. The city manager may waive such charge involved when the emergency medical call does not involve a medical exam or treatment or when the person involved was not responsible for the call.

(Code 1980, § 10-9)