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
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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.
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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.
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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
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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.
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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.
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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 .
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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 .
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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.
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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
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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.
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(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
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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
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.
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
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•
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) .
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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
•
•
•
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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