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Ord 2310 3/7/1967 ORDINANCE NO 2310 AN ORDINANCE PROVIDING FOR THE REGULATION OF AMBULANCE TRANSPORTATION COMPANIES IN WICHITA FALLS, TEXAS; DEFINING TERMS USED HEREIN; PROVIDING FOR LICENSE OF PUBLIC CONVENIENCE AND NECESSITY; PROVIDING FOR INSURANCE; PRO- VIDING FOR ANNUAL LICENSE; PROVIDING FOR CHAUFFEUR REGULATION; PROVIDING FOR THE KEEP- ING OF RECORDS AND REPORTS; PROVIDING FOR EQUIPMENT STANDARDS; PROVIDING RULES AND REG- ULATIONS; PROVIDING FOR ATTENDANT REGULATION; PROVIDING ENFORCEMENT PROVISIONS; PROVIDING FOR THE SEVERABILITY OF ALL PROVISIONS HEREOF; PROVIDING FOR THE REPEAL OF ANY AND ALL PRIOR ENACTMENTS INCONSISTENT OR CONFLICTING WITH THE PROVISIONS HEREOF; AND PROVIDING A PENALTY FOR VIOLATION HEREOF. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: SECTION 1. DEFINITIONS. For the purpose of this Ordi- ' nance, the following terms, phrases, words and their derivations, shall have the meaning given herein. The word "shall" is always mandatory and not merely directory. 1.01 "CITY" as used herein, means all areas within the territorial limits of Wichita Falls, Texas. 1.02 "AMBULANCE" means a motor vehicle constructed, reconstructed, or arranged for the purpose of transporting ill, sick, or injured persons. 1.03 "LICENSE" means a License of Public Convenience and Necessity, as hereinafter described. 1.04 "DIRECTOR" means Director of the Wichita Falls Department of Public Safety, or his designated representative. ' 1.05 "COUNCIL" means the Board of Aldermen of the City of Wichita Falls. 1.06 "OPERATOR" means any person engaged in business as the owner or proprietor of ambulances, as defined herein requir- ing a license hereunder. 1.07 "PERMIT" means the operating permit which an op- erator is required to obtain hereunder for each and every motor vehicle operated under license authority. 1.08 "PERSON" shall mean and include any individual, firm, association, partnership, corporation, or other group or combination acting as a unit. 1.09 "DEPARTMENT" means the Police Department of Wichita Falls, Texas . 1. 10 "CHAUFFEUR" means every individual who shall drive an ambulance, as herein defined and who has a chauffeur ' s license issued by the Texas Department of Public Safety. 1. 11 "ATTENDANT" shall mean a person who has the duty of caring for a sick, ill, or injured person who is being trans- ported as a patient in an ambulance. 1. 12 "AMBULANCE CALL" shall mean the act of progressing with an ambulance to the scene of need and transporting a patient to his destination. 1. 13 "CODE 1 CALLS" shall mean the non-emergency type of call, slow run, convalescent call. No red lights or siren used. 1. 14 "CODE 3 CALLS" shall mean the emergency type call. This call is made with the use of red lights and siren. 1. 15 "EMERGENCY ACCIDENT CALLS" shall mean all calls involving injuries occurring from fire, gas, explosion, electric shock, knife wound, gunshot, drowning, poisoning, vehicle, train, boating, or aircraft accident or similar disaster. 1. 16 "SICK CALLS" shall include all private calls made directly to an ambulance service company, except those defined in Section 1. 15 herein as "emergency accident calls. " 1. 17 "HEALTH DEPARTMENT" means the Wichita Falls City- County Health Unit. 1. 18 "HEALTH OFFICER" means the Director of the Wichita Falls City-County Health Unit, or his designated representative. 1. 19 "COMMUNICABLE DISEASE" is any disease which may be readily transmissible from one person to another by contact with the infected person, or equipment exposed to that person directly or indirectly. 1.20 "SANITATION AND DECONTAMINATION MEASURES" mean those measures necessary to insure the health and well-being of all patients and ambulance personnel. SECTION 2 . LICENSE AND GENERAL CONSIDERATIONS. 2 .01 LICENSE AND PERMIT REQUIRED. From and after the effective date of this ordinance, it shall be unlawful and an offense for any person to use, drive, or operate any ambulance as herein defined, within the territorial limits of Wichita Falls, without first obtaining a License of Public Convenience and Necessity and a Permit issued under and pursuant to the provisions of this ordinance. This shall not apply to an am- bulance picking up a patient on sick calls only in the city limits of Wichita Falls, and delivering said patient to a des- tination outside the city limits of Wichita Falls, nor shall it apply to an ambulance picking up a patient outside the city limits of Wichita Falls and delivering the patient to a destin- ation inside the city limits of Wichita Falls . 2 .02 APPLICATION FOR LICENSE, FEE. Every application for a license hereunder shall be in writing, signed and sworn to by the applicant, and shall be filed with the City Clerk of the City of Wichita Falls . The application shall be on a form provided by the City Clerk and shall contain the following: 2 .02 . 1 If the applicant is an individual, the name, age and address of the applicant, the length of time the applicant - 2 - has resided in the City; if a partnership, the business name of the partnership and the name, age and address of each partner and the length of time each partner has resided in the City; if a corporation, the names and addresses of its principal officers and the names and addresses of all directors thereof. • 2 .02. 2 The class of transportation service which appli- cant desires to furnish; number of vehicles ; a brief description of the kind and type of vehicle; passenger capacity of the vehicle; arrangement; and size and gross weight thereof; model, motor num- ber, and State license number. 2 .02. 3 The names and addresses of at least three residents of the City as references. 2.02 .4 The applicant shall file, in the event that the application should be granted and prior to the issuance of any permit hereunder, copies of a general and automobile liability insurance and property damage insurance policies, as hereinafter provided. 2 .02 . 5 A list of the charges to be made by the applicant for services rendered to the public in the event a license is issued under the provisions of this ordinance. 2.02 . 6 The color (s) to be used on the exterior of the vehicle. 2 .03 INVESTIGATION OF APPLICANTS. Upon receipt of an application for any license hereunder by a person or operator as defined herein, the Director shall cause an investigation to be made of the character and reputation of the applicant as a law abiding citizen, the financial ability of the applicant to render safe and comfortable transportation service and to main- tain or replace the equipment for such service, the financial payment of personal injury, death and property damage claims, and such investigation of other pertinent facts which the Direc- tor may deem relevant in determining the fitness of the appli- cant to assume the occupation of an operator. 2 .04 PUBLIC HEARINGS AND ISSUANCE OF LICENSE. Upon . completion of such investigation, the Health Officer may schedule a hearing on the application. The Health Officer shall give to a license applicant and to all certificate holders, notice of any hearing affecting licenses at least ten days prior to the date of the hearing, and such notice shall be furnished by mail. At the time and plced specified in said notice, the Health Officer shall accord all persons attending an opportunity to be heard. Following such hearing, the Health Officer shall make his deter- mination, taking into consideration all matters brought to his attention regarding the qualifications of the applicant, the number of ambulances in operation, the possible effect upon traf- fic of additional permits and other factors affecting the public convenience and necessity, and if said findings show that the applicant meets the required qualifications the Health Officer shall cause a license to be issued in accordance with the pro- visions of this ordinance. 2.05 FORM AND CONTENTS OF LICENSE. Every license issued hereunder shall be signed by the City Manager, attested by the City Clerk, and shall contain, in addition to the name and address of the applicant, a statement of the class of transportation service. - 3 - authorized thereby, a statement of the minimum requirements for the motor vehicles used in the rendition of such service, and the exterior color (s) of the vehicle (s) so licensed. The license shall also have stated thereon such additional terms, conditions, provisions and limitations as the Health Officer may deem neces- sary or proper in the public interest. 2.06 DELIVERY OF CERTIFICATE OF LICENSE. The license provided hereunder, when approved by the Health Officer, shall be forwarded to the City Clerk who shall issue the license to the applicant upon payment by the applicant of the annual license tax hereinafter prescribed. A copy of every certificate shall be filed with the City Clerk. 2 .07 REVOCATION, ALTERATION OR SUSPENSION. Every license hereunder shall be subject to revocation, alteration, or suspen- sion by the Health Officer where it shall appear that: 2 .07.01 The operator had failed or neglected to render the full service authorized by his license. 2 .07.02 The operator has been convicted of a felony or any criminal offense involving moral turpitude. 2.07.03 The license was obtained by an application in which any material fact was omitted or stated falsely. 2 .07 .04 The operator has persisted in permitting his motor vehicles to be operated in violation of any law. 2.07.05 The operator has failed to comply with any of the provisions hereof or has wilfully or knowingly violated any of the provisions hereof. 2 .07.06 The operator has given or allowed a rebate, com- mission or any reduced rate discount not provided for in the rates established and prescribed herein. 2.07 .07 The operator or his agent has induced or sought to induce a change of destination to or from a hospital or other place specified by the person hiring the ambulance. 2.07.08 The operator or his agent has been guilty of negligence in the operation of its service. 2.07.09 The operator or his agent knowingly recommends, gives favor, or advantage to any mortuary operating in the City. 2 .07 . 10 The operator allows his insurance, as provided in this ordinance, to cancel, withdraw or terminate. 2 .07. 11 The operator has allowed his vehicle or equipment to become damaged, deteriorated or unclean to the extent that it is, in the judgment of the Health Officer, unfit for public use. 2.08 REVOCATION PROCEEDINGS. Proceedings for revocation, alteration or suspension of a license shall be undertaken by the Health Officer in the same manner as proceedings for issuance of a license. All complaints shall be referred to the Health Officer, which shall cause an investigation to be made. Prior to any ac- tion for suspension, revocation or alteration of a license, the Health Officer shall instruct the City Clerk to give ten (10) days - 4 - • notice thereof by certified mail to the operator holding the license, that the same will be considered at a certain date which shall not be less than ten (10) days from the date of the notice. The Health Officer shall thereupon undertake to consider the complaint and either revoke, suspend, or alter the license or dismiss the complaint. 2.09 LICENSES AND PERMITS NOT TRANSFERABLE. No li- cense or permit issued hereunder shall be assignable or trans- ferable by the person to whom issued. Any transfer or assign- ment of existing licenses and permits shall be accompanied only upon assent and approval of the Health Officer in the same manner and subject to the same application, investigation, fees and public hearings as original applications for licenses . Any transfer of shares of stock or interest of any person or operator so as to cause a change in the directors, officers, shareholders, or managers of such person or operator shall be deemed -a trans- fer or assignment as contemplated above, and subject to the same rules and regulations as any other transfer or assignment. 2 . 10 PERMITS. After the operator shall have secured a license hereunder, no vehicle shall be operated under authority of such license until the operator has made application to the City Clerk for a permit for each motor vehicle desired to be op- erated under said license. Every application for a permit shall be in writing, verified by the operator holding the license and shall contain the name and address of the operator, the number of the license and the make, type, year of manufacture, motor number, serial number, State license number, passenger capacity and exterior color (s) for each motor vehicle for which the permit is desired. The City Clerk shall issue to the operator a permit for each motor vehicle; provided, that the Health Officer has certified that the vehicle or vehicles fulfill and have complied with the minimum requirements as set forth in Section 6.02, and provided, further, that the said vehicle or vehicles are in sat- isfactory and safe mechanical condition, and provided further, that the color scheme employed on the vehicle or vehicles is the same as stated in the license. 2 . 11 SUSPENSION OF PERMIT. No permit shall be issued for the operation of any vehicle, the condition of which would interfere with or detract from the comfort, convenience or safety of the passengers transported therein, and in the event any motor vehicle for which a permit has been issued shall become unsafe for operation, or if its body or interior facilities shall be so damaged, deteriorated or unclean, as to render said vehicle un- fit for public use, the permit therefor may be suspended until the vehicle shall be made safe for operation and its body shall be repaired and painted, and its interior facilities shall be reconditioned or replaced, as required by this ordinance. 2 . 12 CENTRAL PLACE OF BUSINESS. Each operator shall maintain a central place of business, at which place he shall provide a properly listed telephone for receiving all calls for ambulance service, and at which central place of business he shall keep such business records and daily manifests set forth herein, available for inspection or audit as deemed advisable by the Health Officer. It shall also be the responsibility of every operator hereunder to keep on file with the Department said business address and telephone number whereby said operator may be reached at all times. - 5 - • • 2. 13 LICENSE HOLDERS ' RECORDS AND REPORTS. Every li- cense holder hereunder shall keep accurate records of receipts from operations, and such other operating information as may be required by the Health Officer. Every license holder shall main- tain the records containing such information and other data re- quired by this ordinance at a place readily accessible for exam- ination by the City Clerk, the Health Officer, or their authorized agents . SECTION 3. INSURANCE. 3.01 INSURANCE POLICIES REQUIRED. Every operator shall carry General and Auto Liability and Property Damage Insurance with solvent and responsible insurers authorized to transact business in the State of Texas, to secure payment for any loss or damage resulting from any occurrence arising out of or caused by the operation or use of any of the operator ' s motor vehicles. Such insurer shall be rated by Best ' s Insurance Guide, published by the Alfred M. Best Company, New York, lastest addition. Such insurer shall have a minimum general policyholder rating of "A"+ and a minimum financial rating of "AAAA" . Each vehicle shall be insured for the sum of at least One Hundred Thousand Dollars ($100, 000 .00) for injuries to, or death of any one person arising out of any one accident and the sum of at least Three Hundred Thousand Dollars ($300, 000.00) for injuries to, or death of more than one person in any one accident, and for the sum of at least Fifty Thousand Dollars ($50, 000.00) for damages to property aris- ing from any one accident. Every insurance policy or contract for such insurance shall provide for the operator and person in- sured, or any person driving in the insured vehicle. Such insur- ance shall be obtained and certificates of insurance shall be filed with the City Clerk before a License or Permit shall be issued. All such certificates of insurance shall provide for a thirty-day (30) Cancellation Notice to the City Clerk. SECTION 4. ANNUAL LICENSE FEE. No license shall be issued or continued in operation, unless the holder thereof has paid an annual license fee of Fifty Dollars ($50.00) for the right to engage in the ambulance business, and Twenty-Five Dollars 025.00) each year for each vehicle authorized under a license of Public Convenience and Necessity issued under this ordinance. The amount of the license fees herein prescribed shall not be prorated for fractional parts of a calendar year, nor shall they relieve the operator from the necessity of obtaining any license which may be required by State law. SECTION 5. RATES. 5.01 AMBULANCE OPERATORS TO FILE SCHEDULE OF RATES. Every person authorized hereunder to operate one or more ambulances shall file with the City Clerk a schedule of the rates which will be charged for the transportation of persons in ambulances, and notice of any change in such rates shall be given the Health Officer in writing at least thirty (30) days prior to the effective date of such change. 5.02 AMBULANCES TO POST RATES. Every ambulance shall have posted in a conspicuous place, readily visible to the occupants, a statement showing the rates to be charged. Such rates, as posted, shall be the same as those in the schedules filed pursuant to 5.01. - 6 - SECTION 6. RULES AND REGULATIONS, 6.01 OPERATING REGULATIONS. All license holders, op- . erators, attendants and chauffeurs, shall comply with the follow- ing regulations: 6.01. 1 Every license holder shall be required to provide immediate service, 24 hours daily, each and every day. 6.01. 2 Every ambulance shall adopt and use, after ap- proval by the Health Officer, a distinctive uniform color scheme which shall not infringe upon any color scheme already in use by another ambulance operator; and each ambulance shall be identified in such a manner as clearly indicates that the vehicle is used for ambulance purposes only. No other type advertising may be used on the vehicle. 6.01. 3 The ambulance operator' s business name shall ap- pear on each side and on the rear of the vehicle in letters of not less than three inches (3" ) in height and one-half inch (1/2") in stroke on a metal portion of the body. No other advertising shall be used other than "Ambulance Company" . 6.01.4 Every call for ambulance service shall be answered promptly. Patients shall be loaded and transported without being subjected to unreasonable delays. 6.01. 5 Clean and sanitary bed linens shall be provided for each patient carried and shall be changed as soon as prac- ticable after the discharge of a patient. 6.01. 6 Each ambulance shall have, in addition to its chauffeur, an attendant who holds a current certificate of Ad- vanced Red Cross First Aid, or a U. S . Bureau of Mines certifi- cate certified by City-County Health Unit, and who shall remain in attendance to the patient being conveyed. 6.01.7 Every operator shall provide each driver with a daily manifest upon which shall be recorded the time, place of origin, destination, and charges for each trip made. 6.01.8 Every operator shall retain and preserve all daily manifests for at least six (6) months, and said manifests shall be available for inspection by the Health Officer on re- quest. 6.01.9 Every licensee shall, at all times, have stationed at his central place of business , a person who shall be required to promptly answer all calls for service, promptly dispatch am- bulances, and be generally responsible for the conduct of the business . 6.02 AMBULANCE EQUIPMENT. License holders shall main- tain in good operating condition, or ready for use, all of the following equipment which shall be modern and capable of render- ing a satisfactory ambulance service. 6.02 . 1 All motor vehicles used for the purpose of pro- viding ambulance service hereunder shall be designed and con- structed to transport ill, sick, or injured persons in comfort and safety, and shall be maintained in clean, sanitary and in first-class mechanical condition at all times . - 7 - 6.02. 2 All Motor vehicles used for the purpose of providing ambulance service hereunder shall have as standard equipment: (a) four-wheel brakes in good operating condition; (b) parking brake; (c) front and rear bumper; (d) heater and defroster sufficient to heat interior of ambulances in cold weather; (e) air conditioner capable of cooling interior of ambulances in hot weather; (f) right and left-side rear view mirrors and one in driver ' s compartment; (g) a speedometer, exposed to view, and maintained in accurate operating condition; (h) power steering; (i) windshield wiper and washer; (j) tires with a minimum of 4/32-inch tread; (k) tires shall have a six- ply or equivalent rating as a minimum; (1) factory recommended shock absorbers; (m) adequate two-way radio equipment. 6.02 . 3 The body of the ambulance shall have rear load- ing facilities with the patient compartment separated from the driver ' s compartment by a suitable partition with provision for communication between the driver and attendant; and there shall be at least two (2) exits from the compartment where the patient is carried. 6.02 .4 Every ambulance used as an emergency vehicle shall have a roof-mounted rotating beacon of an approved design that is visible from the front of the vehicle for a distance of five hundred feet (500 ' ) . 6.02 . 5 Each ambulance shall be equipped with, in useable and workable condition at all times, one (1) ambulance cot and a collapsible stretcher, or two (2) stretchers, one of which is collapsible, with adequate straps to secure the patient safely to the stretcher or ambulance cot and adequate means of securing the stretcher or ambulance cot within the vehicle; adequate wrist and ankle restrainsts ; adequate sanitary sheets, pillow cases, blankets, and towels for each stretcher or ambulance cot; and two pillows for each ambulance; two (2) oxygen "E" tanks or of greater capacity of which one (1) tank must be full at all times and approved oxygen unit incorporating aspiration, resuscitation, and inhalation features, consisting of a range of sizes of face masks ; fire extinguisher of an approved underwriter ' s laboratory type; hinged half-ring splints (for fractures of the thigh) with web strap for ankle hitch; two (2) or more padded boards three inches wide and three feet in length, and two or more similar padded boards four and one-half feet (4 1/2 ' ) in length of mater- ial comparable with four-inch (4") plywood (for coaptation splint- ing of tracture of leg or thigh) ; two (2) or more padded fifteen- inch (15" ) by three-inch (3") beaverboards (for fractures of forearm) ; two (2) sandbags about four inches (4") in width, two inches (2") in thickness, and twelve inches (12" ) in length; bag type resuscitation equipment, such as "Ambu Bags" ; air splints for farctures of the extremities; two each surgi-lift sheets; emesis basin. 6.02. 6 Each ambulance shall carry an attendant ' s bag which shall include large made dressings, sterile gauze pads, three and six-inch gauze or muslin bandages, three and six-inch cotton elastic bandages, adhesive tape (cylinder cut 1" , 2" , 3") , tourniquets, tongue blades, three taped together and padded for mouth gag; bandage shears, triangular bandages or slings ; safety pins (large size) ; oropharyngeal airways ; mouth to mouth, two-way resuscitation airways, adult and children ' s sizes. 6.02 . 7 All mechanical, safety and special equipment, shall be subject to inspection at any time by authorized officials . - 8 6.02 .8 No ambulance that has been substantially damaged or altered shall be again placed in service until it has been reinspected. 6.02 .9 All ambulances shall be subject to the same status ordinances, and rules and regulations relating to safety and op- erating equipment applicable to other motor vehicles in Wichita Falls. 6.02. 10 City-County Health Unit shall be responsible for certifying the sanitation of vehicles and shall inspect and certify that the vehicles are equipped in accordance with Section 6.02 prior to issuance of License. SECTION 7 . REGULATIONS FOR CHAUFFEURS AND ATTENDANTS. 7 . 1 CHAUFFEURS ' AND ATTENDENTS ' REGISTRATION REQUIRED. It is hereby declared unlawful for any person to drive, manage or control any ambulance on any street in the City of Wichita Falls, or for any person to attend or render first aid to a passenger in such ambulance without first having been examined and registered as a public chauffeur or an attendant, as the case may be. 7 . 2 QUALIFICATIONS OF APPLICANTS FOR CHAUFFEURS ' OR AT- TENDANTS REGISTRATION. Every applicant for commercial chauffeur must be the holder of a chauffeur ' s license issued by the State of Texas. Every applicant must be able to speak, read, and write the English language. Every applicant must furnish a written certificate from a medical doctor or osteopathic physician that he is of sound physique, possesses good eyesight, is not subject to epilepsy, vertigo, heart trouble, or other infirmity of body or mind, and not addicted to the use of drugs or intoxicating liquors, so as to render him unfit to perform the duties of a chauffeur or attendant. Every applicant must furnish satisfactory proof that he is a person of good moral character. Every applicant must furnish proof that he holds a current certificate in Advanced Red Cross or U. S . Bureau of Mines First Aid, certified by the City-County Health Unit. Every applicant for chauffeur must be at least 21 years of age. Every applicant for attendant must be at least 18 years of age. 7 . 3 CONVICTION OF CRIME BY APPLICANT. No person shall be registered as a chauffeur or attendant at any time after con- viction of a felony, or any offense involving moral turpitude, any offense involving the use of or traffic in narcotic drugs, or any offense involving the use of a deadly weapon. 7 .4 APPLICATION FOR CHAUFFEUR' S OR ATTENDANT ' S REGISTRA- TION. Application for registration as a chauffeur or attendant shall be made in writing to the City Clerk upon forms provided by him therefor. The application shall contain the full name and street address of the applicant and such other information as may be required by the City Clerk to properly identify the applicant and disclose any information as to his character, reputation, physical qualifications, past employment and conduct deemed rel- evant to the question of the qualification of the applicant for registration as a chauffeur or attendant. - 9 - 7 .4. 1 All applicants for registration as a chauffeur or attendant must meet all the qualifications provided in Sec- tion 7 .2 herein. 7 .4.2 Application for registration as a chauffeur or attendant shall be verified under oath and shall contain the following information: (A) The name, age, sex, weight, height, color of eyes and hair of the applicant, his residence address, and length of residence in City. (B) Whether or not the applicant has heretofore been licensed or registered as an ambulance driver or attendant, and if so, when and by what State and whether such license or reg- istration has been revoked or suspended, and if so, the date of and reason for such revocation or suspension. The name of the person by whom applicant is employed. (C) The number of times convicted of moving traffic violations . (D) The experience the applicant has had in driving motor vehicles. (E) Whether or not the applicant has ever been convicted of a felony or misdemeanor, giving particulars of each such con- viction. (F) Names of three (3) reputable persons who know the applicant and are acquainted with his general reputation and character. Such persons given as references must be residents of Wichita Falls. (G) Such application shall be made in triplicate. The Chief of Police shall cause an investigation to be made of the facts set forth in said application, and shall not approve the issuance of a registration certificate to any person whose general reputation for integrity or responsibility, or whose previous record as a law violator is such as to render the applicant unfit for such application. Every applicant for registration as a driver must have a valid chauffeur ' s license. The Chief of Police shall also cause each applicant for a driver ' s registration to be examined as to his knowledge of the provisions of this section and the traffice regulations and geography of the City, and if the applicant fails to show a reasonable knowledge of such matters, he shall be refused a registration certificate. 7 . 5 CHAUFFEUR AND ATTENDANT REGISTRATION, INVESTIGATION, AND EXAMINATION. The character, reputation, and pertinent know- ledge of each applicant for registration as a chauffeur or attend- ant, shall be investigated in accordance with the provisions of Section 7 .4.2 (G) , and a report of such investigation containing any facts relevant to the character and reputation of the appli- cant shall be placed on file in the Office of the Department. The fingerprints and photographs of each applicant shall be ob- tained and placed on file in the Office of the Department. 7 . 6 GRANTING OR REFUSAL OF LICENSE. If the applicant is found to be a fit and proper person to operate and drive an - 10 - • ambulance within the City of Wichita Falls by the Chief of Police, according to the standards herein set forth, and if he shall so certify to the City Clerk, the said City Clerk shall issue to the said applicant a driver ' s license and registration, and a driver' s identification card. Said license identification card shall be of a form prescribed by the City Clerk and shall contain a picture of the driver affixed in such a manner that another picture can- not be substituted therefor without detection, the driver ' s name, license number, card number, and the expiration date of said li- cense. Said cards shall have a space on the reverse side for entering violations and fines. The color of said license shall be changed each license year. Each license issued hereunder shall expire on the 31st day of December next succeeding its issuance. No additional application shall be required for a renewal license if such renewal license is applied for by the first day of Jan- uary following. 7 . 6. 1 In the event any applicant be disapproved by the Chief of Police because it is found that such applicant is unfit, by reason of his previous record as a law violator, or by reason of his general reputation for integrity or responsibility, the applicant shall not be eligible to apply for a driver ' s registra- tion and license until the expiration of six (6) months from the date of such disapproval. If the Department shall be satisfied that the applicant meets the required qualifications, he shall be granted a registration and license. Every applicant for reg- istration as a chauffeur or attendant shall pay anannual fee of Five Dollars ($5.00) for such registration for the first year. 7 . 7 RENEWAL OF REGISTRATION, FEE. A chauffeur or attend- ant holding a registration card in good standing and whose status and conditions have not changed since obtaining such registration, shall be entitled to a renewal thereof upon payment of the renewal registration fee of Five Dollars ($5 .00) . 7 .8 DISPLAY OF REGISTRATION. It shall be the duty and responsibility of every chauffeur and attendant registered here- under, to display his registration card in his vehicle in such a manner as to be readily visible at all times. No other permits shall be visible. 7 . 9 REVOCATION OF CHAUFFEUR' S OR ATTENDANT ' S REGISTRATION. If any chauffeur or attendant shall violate any traffic laws or regulations or any order, rule, or regulation of the Department pertaining to the administration or enforcement of this ordinance, or any other ordinance concerning motor vehicles as defined herein, the Department may suspend the chauffeur ' s or attendant ' s regis- tration privilege for a period not to exceed ninety (90) days. If any person has obtained a registration card by application in which any material was omitted or stated falsely, or if he shall become unfit to operate a motor vehicle, or attend patients as defined herein because of any infirmity of body or mind, or be- cause of addiction to the use of any drugs or intoxicating liquors, or shall violate any criminal law which would disqualify any ap- plicant for registration, the Department may recommend to the Health Officer that the registration privilege be revoked, and the Health Officer may, at his own discretion, after notice and opportunity to be heard shall be accorded the chauffeur or attend- ant, revoke such registration privilege. A driver' s license may • be revoked for any of the following reasons : (A) Upon conviction of violation of any Federal or State law involving moral turpitude. - 11 - (B) For operating an ambulance while under the influence of intoxicating liquor. (C) For leaving the scene of an accident in which the ambulance is involved. (D) For failure to make a full report of an accident to the Police Department within twenty-four hours of the time of occurrence. (E) For permitting any other person to use his license. (F) For obliterating or erasing any official entry on his license identification card. (G) Upon conviction of a third traffic violation while operating an ambulance during any one license year. (H) Misrepresentation of any material facts by a driver in his application for license. (I) For not operating or driving an ambulance in the best interest of the general public. An ambulance driver ' s license may be suspended for a period of not to exceed ninety (90) days for any of the following reasons : (A) First and second offenses of any traffic vio- lation. (B) Violation of any ordinances of the City of Wichita Falls, the violation of which reflects unfavorably on the fitness of the license to offer public service. Whenever an ambulance driver ' s license is revoked, the Health Officer shall take up the ambulance driver ' s license and license identification card and forward same to the City Clerk, together with a full report of reasons of revocation. No person whose license has been revoked shall be elig- ible to receive a new license until one (1) year from the date of such revocation. 7 . 9. 1 Whenever an ambulance driver ' s license is sus- pended the Health Officer shall take up the license identifica- tion card and forward same to the City Clerk, together with the reason (s) for such suspension and the term thereof. 7 . 9. 2 The provisions of this Section are supplementary to penalties provided by other sections of this ordiance. 7 . 9. 3 Before the revocation or suspension of an ambu- lance driver ' s license, as provided in this section, a written notice shall be sent to the holder of the license involved by having same delivered to the holder in person, or by mailing same to the business address of such holder on file in the office of the City Clerk. Such notice shall be sent at least five (5) days prior to the time a hearing is to be held and shall advise the holder of the license involved as to the nature of the reason - 12 - for suspension or revocation and advise that such holder shall have the opportunity to show why the license should not be sus- pended or revoked. The Health Officer at the time and place stated in such notice, shall hold a hearing to determine whether the license should be suspended or revoked for any of the rea- sons provided in this ordinance. 7 . 10 RULES FOR CHAUFFEURS AND ATTENDANTS. No chauffeur or attendant registered and licensed hereunder shall: 7 . 10 . 1 Refuse to promptly transport or attend any sick or injured person after responding to a call, without good cause. 7 . 10 . 2 Demand or receive compensation other than that established and prescribed herein, or fail to give a receipt for monies received. 7 . 10. 3 Give, or allow rebate, commission, discount, or any reduced rate not provided in the established rate. 7 . 10.4 Induce, or seek to induce a change in destination to or from a hospital or other place specified by the person en- gaging the ambulance. 7 . 10. 5 Induce, or seek to induce any person, engaging an ambulance to patronize or retain the services of any hospital, convalescent home, mortuary, cemetery, attorney, private accident investigator, nurse, or any person that could benefit financially as a result of said inducement. 7. 10.6 Fail to keep his person clean and presentable when on duty. 7. 10. 7 Use abusive or obscene language, or fail to con- duct himself in a gentlemanly manner. 7 . 10 .8 Release his patient from his care until he is assured that some responsible person is available to receive such patient. 7 . 10 .9 Use a siren or flashing red light, unless on an emergency call, as defined in Section 1. 14 hereof. 7 . 10. 10 Disobey the lawful orders of a policeman at the scene of an accident, or other similar emergency. 7 . 10 . 11 Smoke while driving an ambulance, when occupied by a patient or attending a patient, as defined herein. 7 . 10. 12 Exceed the legally posted speed limit by more than ten (10) miles per hour when on an "emergency call" as de- fined in Section 1. 14 hereof. 7 . 10 . 13 Fail to slow to 10 mph, or less, at any traffic signal showing red or at any stop sign while on an emergency call, as defined in Section 1. 14. SECTION 8. GENERAL RULES AND REGULATIONS. 8. 1 RADIO DISPATCHER PROCEDURE. 8. 1. 1 Any ambulance operator desiring to respond to emer- gency call Code 3, as defined in Section 1 herein, is hereby - 13 - . required ro submit the name, company, location, and telephone number to the Police Dispatcher in order to receive calls. This would not pertain to Code 1 calls. 8. 1. 2 When the Dispatcher receives an emergency call for an ambulance, he shall authorize and dispatch an approve ambulance to make the call. 8. 1. 3 In case an ambulance service operator receives a private "sick call" as defined in Section 1 hereof which is of an emergency nature and desires to answer such call as an emergency call under Code 3, as defined in Section 1, said op- erator shall report to the Police Dispatcher such call. The Police Dispatcher shall then clear such ambulance service to answer such private "sick call. " 8. 2 USE OF EMERGENCY WARNING DEVICES. 8. 2 . 1 An ambulance may respond, after receiving a call from a private citizen, or from the City, State or County Dis- patcher, to a call using red lights and siren. If it is a private call, the Police Dispatcher must be notified of the call and the intent to use the above emergency warning equipment on the City streets by the licensee receiving the call. 8.2 . 2 After an ambulance has responded to a call and arrived at the point of pickup, it shall be unlawful for the said ambulance to proceed to the hospital or other destination with the use of such emergency warning equipment except in the case of dire emergency. Said dire emergencies must come under one or more of the following classifications : (A) Acute respiratory distress, impaired breathing, airway blockage. (B) Bleeding beyond control. (C) Poisoning. (D) Immediate and pending childbirth. (E) Orders or recommendation of a licensed physician. 8 . 2 . 3 Any time an ambulance is used to transport or transports a patient, or patients, with the use of red lights and siren a written report, giving full details of the circum- stances, along with the name (s) of the patient or patients, his address, his condition, and the name of the doctor who examined the patient, and the name and license number of the person driv- ing said ambulance must be filed with the Health Officer within twenty-four (24) hours following the conclusion of the said call. 8 . 3 DEAD ON ARRIVAL PROCEDURE. The following procedure shall be followed by all approved ambulances when the subject of the emergency call is dead on the arrival of the ambulance. Dead on arrival, as used herein shall mean a determination of death by a medical examiner or medical doctor. Where there is not any instruction given by the next of kin, or other responsible person related to the deceased, as to where the body shall be delivered, the ambulance driver shall deliver it to a hospital until a med- ical examiner or licensed medical doctor formally pronounces the subject dead. Then the body shall be taken to the funeral home or mortuary next in line on the rotating list. It will be the - 14 - • responsibility of the Funeral Home to register with the City Clerk and the Police Department to have their company on the rotating list. 8. 3. 1 Any company or individual providing ambulance service under the provisions of this ordinance and/or its em- ployees shall have no discretion over where bodies shall be delivered, except in accordance with the terms of this ordinance, and they shall not recommend or suggest in any manner, direct or indirect, as to where the bodies shall be delivered. 8. 3.2 All operators shall be furnished with a copy of this ordinance and shall keep their chauffeurs and attendants properly informed of same. SECTION 9. REGISTERS AND RECORDS. 9. 1 The Department shall keep a register containing the names and addresses of all operatros, the description of their motor vehicles, with their license numbers and a complete record of all inspections of such vehicles and equipment. The Depart- ment shall also maintain a complete register of all chauffeurs and attendants, as defined hereunder, together with their reg- istration numbers, and a complete record of all suspensions and revocations of certificates, permits or chauffeurs ' and attend- ants ' registration. 9. 2 The City-County Health Unit shall be responsible for maintaining records pertaining to health inspections of vehicles and equipment covered under this ordinance. SECTION 10 . SPECIAL PROVISIONS. 10 . 1 EXISTING OPERATOR PREROGATIVE. All persons who, on or before the effective date of this ordinance, were actively engaged in operating an ambulance service shall, upon applica- tion, be granted authority for continued operation, for a rea- sonable time. SECTION 11. REMOVAL FROM APPROVED LIST. The City- County Health Unit shall conduct equipment inspections of all approved services at least every six (6) months, or as often as in their judgment is warranted to maintain adequate standards and shall have the right to remove any ambulance service from the approved list for failure to maintain adequate mechanical standards of equipment, or for failure to comply with any of the provisions of this ordinance. SECTION 12 . REPEAL. Sections 31-11 through 31-16 of the Wichita Falls Code of Ordinances and all other ordinances or parts thereof in conflict herewith are hereby repealed. SECTION 13. SEVERABILITY. The provisions of this ordi- nance are severable, and if any part of provision hereof shall be adjudged invalid by any court of competent jurisdiction, such adjudication shall not affect or impair any of the remaining parts, or provisions hereof. SECTION 14. PENALTY. Any person who shall violate any of the provisions of this ordinance shall be guilty of an offense and upon conviction thereof shall be punishable by fine not to exceed the sum of Fifty Dollars ($50 .00) . - 15 - R • _. �/ SECTION 15. APPEALS. The applicant and/or the protest- ants shall have the right to appeal any order relating to the issuance, denial, revocation, alteration, or suspension of the license and/or permit to the City Council by filing with the City Clerk within ten (10) days from the date of said Order a written notice of appeal, said notice shall set forth the grounds for the appeal. The City Council, after a hearing is had in sum- mary manner, may sustain or reverse the order. SECTION 16. The provisions of this ordinance shall be included and incorporated in the Wichita Falls Code or Ordinances as an addition thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. PASSED AND APPROVED this 7th day of March, 1967. a..s M A Y O R A T T E S T: City Clerk • • • - 16 - Af f .avit of Publication THE STATE OF TEXAS COUNTY OF WICHITA (Paste Clipping Here) On tb is . First day of dune ORDINANCE NO. 5310 AN ORDINANCE PROVIDING FOR THE. REGULATION OF AMBULANCE TRANS- A.D. . 1967 . personally appeared before me, the undersigned authority PORTATION COMPANIES IN WICHITA FALLS, TEXAS; DEFINING T E R M S Katherine ,t, CENSSE OF HEREIN;PUBLICVICONVENIENCE Katherine Perri& , bookkeeper IAND NECESSITY; PROVIDING FOR IN- SURANCE; PROVIDING FOR ANNUAL LICENSE; PROVIDING FOR CHAUF- FEUR REGULATION; PROVIDING FOR for the Times Publishing Company of Wichita. Falls, publishers of the THE KEEPING OF RECORDS AND RE- PORTS; PROVIDING FOR EQUIPMENT - STANDARDS; PROVIDING RULES AND Wichita Falls Record News, a newspaper published at Wichita Falls in REGULATIONS; PROVIDING FOR AT- TENDANT REGULATION; PROVIDING ENFORCEMENT PROVISIONS; PROVID- Wichita County, Texas, and upon being duly sworn by me, on oath states ING FOR THE SEVERABILITY OF ALL PROVISIONS H E R E 0 F ; PROVIDING FOR THE REPEAL OF ANY AND ALL that the attached.advertisement is a true and correct copy of advertising PRIOR ENACTMENTS INCONSISTENT OR CONFLICTING•WITH THE PROVI- SIONS HEREOF; AND PROVIDING A • PENALTY FOR VIOLATION HEREOF. published in_., 1 ( 0" .issues thereof on the following This ordinance bearing the above number and caption provides as a penalty for the Iviolation thereof a fine not to exceed 350. dates Such ordinance was passed by the Board 1ta� 5, 9 6 of Aldermen of the City of Wichita Falls M 1 on March 7, 1967, and was effective 30 • days thereafter. s+R. C. Rancier, Mayor, ATTEST: s•Wilma J. Thomas, City Clerk Bookkeeper for Times Publishing Company of Wichita Falls Subscribed and sworn to before me this the day and year first above (SEAL) written. fls'�G ,• ��J4T. F. A.via.il0 11'73T.M' 1B?'0wl,l.'t