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HomeMy WebLinkAboutOrdinance 5769 ORDINANCE NO. 5 76 9 AN ORDINANCE REGULATING THE OPERATION OF AMBULANCES IN THE CITY OF FORT WORTH, TEXAS, BY AMENDING CHAPTER 6 OF THE FORT WORTH CITY CODE: DEFINING TERMS; REQUIRING A CERTIFI- CATE OF PUBLIC CONVENIENCE AND NECESSITY; REQUIRING AN ANNUAL CERTIFICATE FEE; REQUIRING A PERMIT FOR EACH VEHI- CLE; ESTABLISHING THE PROCEDURES FOR ISSUANCE AND REVOCA- TION, ALTERATION OR SUSPENSION OF SUCH PERMIT; REQUIRING AN ANNUAL PERMIT FEE; REQUIRING A CENTRAL PLACE OF BUSINESS; REQUIRING CERTAIN RECORDS TO BE MAINTAINED AND AVAILABLE FOR INSPECTION; SETTING RATES; REQUIRING THE FILING AND POSTING OF RATES; SETTING OPERATING REGULATIONS; REQUIRING AN ANNUAL REGISTRATION OF DRIVERS AND ATTENDANTS AND SETTING THE QUALIFICATION THEREFOR; PROVIDING FOR THE REVOCATION OF SUCH REGISTRATION; PROVIDING FOR A RADIO DISPATCH PROCEDURE AND REQUIRING ADHERENCE THERETO; PROVIDING FOR EMERGENCY OPERATING PROCEDURES; ESTABLISHING A DEAD ON ARRIVAL PRO- CEDURE; MAKING CERTAIN FINDINGS THAT SUCH REGULATIONS ARE NECESSARY FOR THE PUBLIC HEALTH, SAFETY AND WELFARE, PRO- VIDING A PENALTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PRO- VIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION I. That Chapter 6 of the Fort Worth City Code be and the same is hereby amended so that the same shall hereafter be and read as follows: CHAPTER 6. AMBULANCES Sec. 6-1. Definitions. For the purpose of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section: (a) AMBULANCE - The term "ambulance" shall mean any motor vehicle constructed, reconstructed, arranged, equipped or used for the purpose of transporting ill, sick or in- jured persons. Each such ambulance shall have not less than forty (40) inches of head-room in the patient com- partment from the floorboard the cot rests upon to the ceiling, measured twelve (12) inches on either side from the centerline of said ambulance, and such compartment shall be Rot less than eighty-four (84) inches in length. (b) AMBULANCE CALL - The term "ambulance call" shall mean the act of proceeding with an ambulance for the purpose of transporting any patient for compensation. (c) ATTENDANT - The term "attendant" shall mean any person who for compensation has the duty of performing or assisting in the per- formance of an ambulance call. (d) CERTIFICATE - The term "certificate" shall mean and be the same as a Certificate of Public Convenience and Necessity. (e) CITY - The term "city" shall mean all areas within the corporate limits of the City of Fort Worth, Texas. (f) CITY COUNCIL - The term "city council" shall mean the Fort Worth City Council. (g) CODE I CALLS - The term "Code I calls" shall mean the non-emergency type of calls, such as slow run, sick or convalescent call. No red lights or siren are used. (h) CODE III CALLS - The term "Code III calls" shall mean the emergency type call, and shall in- clude all calls involving serious injuries which could result in loss of life or permanent injury. Red lights and siren are used. (i) DRIVER - The term "driver" shall mean every individual who for compensation drives or attempts to drive any ambulance as herein defined. -2- (j) HEALTH DEPARTMENT - The term "health department" shall mean the Health Department of the City of Fort Worth, Texas. (k) HEALTH OFFICER - The term "health offi- cer" shall mean the Director of the Health Depart- ment of the City of Fort Worth, Texas, or his duly authorized representative. (1) LICENSE OFFICER - The term "license officer" shall mean the Chief of Police of the City of Fort Worth, Texas or his duly authorized representative. (m) OPERATOR - The term "operator" shall mean any person engaged in business as the owner, manager, or proprietor of a company, firm or organization providing ambulance service. (n) PERMIT - The term "permit" shall mean the written authorization issued by the license officer for a designated and inspected vehicle to be operated upon the city streets of the City of Fort Worth, Texas. (o) PERSON - The term "person" shall mean and include any individual, firm, association, partnership, corporation, or other group or com- bination of individuals. (p) POLICE DEPARTMENT - The term "police department" shall mean the Police Department of the City of Fort Worth, Texas. -3- Sec. 6-2. Certificate of Public Convenience and Necessity Required. No person shall operate an ambulance for hire on any street of the City without first having obtained from the City Council of the City of Fort Worth a certificate declaring that the pub- lic convenience and necessity require such an operation, provided, however, that no such cer- tificate shall be required for any person operat- ing an ambulance or other vehicle who: (a) Renders assistance during any catas- trophe or major emergency when the ambulances authorized to operate in Fort Worth by certifi- cate are insufficient in number or for any other reason inadequate; or (b) operates from a location outside the City and transports any patient from a point of origin outside the City to destination inside the City; or (c) operates from a location outside the City and transports any patient from a point of origin within the City to destination outside the City. Sec. 6-3. Application for Certificate of Public Convenience and Necessity. Applications for a certificate of public convenience and necessity for the operation of an ambulance within the City of Fort Worth shall be in writing, signed and sworn to by the applicant, -4- and shall be filed with the Chief of Police of the City of Fort Worth or his duly authorized representative, hereinafter designated as the "license officer. " The application shall be on a form prescribed by the license officer and shall contain at least the following; The name and address of the applicant; the trade name under which the applicant does or proposes to do business; if the applicant is an individual, the name, age, and address of the applicant, and the length of time the applicant has resided in the City; or, if a partnership or association, the business name thereof and the name, age, and address of each partner, and the length of time each partner has resided in the City; or, if a corporation, the names and addresses of all of- ficers and directors of such corporation; the number of vehicles the applicant desires to operate; the class, size, design and color scheme of each vehicle; whether or not the applicant has been finally convicted of any felony or other offense involving moral turpitude, and whether or not the applicant has any claims or judgments against him for damages resulting from the negligent operation of an ambulance; the financial ability and respon- sibility of the applicant; the nature and character -5- of the service that the applicant proposes to render; the facts showing the demand for such service; the ex- perience that the applicant has had in rendering such service and the period of time that he has rendered it in the City; and whether or not the applicant has a permit from the State Board of Health. The applicant shall attach to such application a letter from a duly authorized agent of appli- cant's insurance carrier, stating that the in- surance required hereunder is available to ap- plicant and that such coverage is or will be provided prior to the issuance by the license officer of the certificate to operate hereunder; and said applicant shall furnish such other in- formation as may be required by the City Council. Sec. 6-4. Investigation of Applicants. Upon receipt by the license officer of an application for a certificate to operate hereunder, the license officer shall make or cause to be made an investigation of the character and repu- tation of the applicant and his ability to per- form the services of an operator; the financial -6- responsibility of the applicant to respond in damages and/or to pay claims for personal in- jury, death and property damage claims arising from his operation; and such investigation of other pertinent facts which the Council shall deem relevant in determining the fitness of the applicant to become an operator hereunder. The license officer shall make a written report to the City Council of the results of his investi- gation. Sec. 6-5. Public Hearings Upon the Public Con- venience and Necessity of Issuing Such Certificate. Upon receipt of such written report, the Council shall schedule a public hearing on the application. Notice of such public hearing by the Council shall be given to the applicant and all certificate holders affected thereby by de- positing such written notice in the United States mail in an envelope, properly addressed to each such person at his respective address on file with the license officer and bearing sufficient postage, at least ten (10) days prior to such public hearing. Such notice shall also be pub- lished once in the official newspaper of the City at least ten (10) days prior to the date set for such hearing. The purpose of such public hearing shall be to determine, among other things, the following: -7- (a) Whether or not the public convenience and necessity require the operation of such ambulance or ambulances; (b) Whether the public convenience and necessity require that such ambulance or ambulances be operated only for non-emergency Code I calls or for both non- emergency Code I and emergency Code III calls; (c) Whether or not the applicant is a fit and proper person to conduct such business, including the fitness of the officers and stockholders of any corpora- tion making such application; (d) Whether the applicant will be able to afford public service of such permanence and quality as to best serve the public interest; (e) The experience that the applicant has had in rendering ambulance service; (f) The past experience of the applicant satisfy- ing judgments, if any, to claimants as a result of in- juries received by reason of negligent operation of ambulances; (g) The financial ability of the applicant to respond in damages to property resulting from the negligent operation of an ambulance; and (h) The character and condition of the ambulance or ambulances to be used. (provided, however, that any operator who has one or more ambulances for hire lawfully in use upon the public streets and thorough- fares of the City of Fort Worth shall have one hundred and twenty (120) days after the adoption of this ordi- nance by the City Council within which to bring such am- bulances into compliance with the patient compartment requirement as to head-room and length hereinabove defined.) -8- In the event the City Council finds that the public convenience and necessity require the issuance of such a certificate and that the applicant meets the required qualifications to give proper and adequate service to the best interest of the inhabitants of the City of Fort Worth, the Council shall direct the license officer to issue a Certificate of Public Con- venience and Necessity to such applicant for the number of ambulances which the City Council feels are required thereunder. Sec. 6-6. Form and Contents of Certificate. Every certificate issued hereunder shall be signed by the Mayor, attested by the City Secretary, and shall contain, in addition to the name and address of the applicant, a statement that the operator is authorized to make non- emergency Code I calls only or to make both non- emergency Code I and emergency Code III calls, a statement of the minimum requirements for motor vehicles used in the rendition of such service, the number of vehicles authorized to be operated pursuant to such certificate, and the exterior colors of the vehicle(s) so authorized. Sec. 6-7. Issuance of Certificate. The license officer, upon receiving directions from the City Council to issue a cer- -9- tificate to an applicant for the operation of ambulances hereunder, shall issue such certifi- cate to the applicant after payment by the ap- plicant of the annual certificate fee herein- after prescribed. A copy of every certificate shall be filed with the license officer and with the Director of the Health Department of the City of Fort Worth. Sec. 6-8. Revocation, Alteration or Suspension of Certificate - Causes For. Every certificate issued hereunder shall be subject to revocation, alteration or suspen- sion by the Council where it shall appear that one or more of the following conditions exist: (a) The public convenience and necessity no longer warrant such operation; (b) The operator has refused to render the full service authorized by his certificate; (c) The operator has been finally con- victed of a felony or other offense involving moral turpitude; (d) The certificate was obtained by an application in which any material fact was inten- tionally omitted or falsely stated; (e) The operator has persisted in per- mitting his motor vehicles to be operated in vio- lation of any law; (f) The operator has willfully and know- -10- ingly violated or failed to comply with any of the provisions hereof; (g) The operator has charged in excess of the maximum rate set forth in Sec. 6-17; (h) The operator or his agent has in bad faith induced or sought to induce a change of destination to or from a hospital or other place specified by the person hiring the ambulance; (i) The operator or his agent has been guilty of willfully operating his service in a negligent manner; (j) The operator or his agent has knowingly in bad faith recommended, given favor or advantage to any mortuary operating in the City; (k) The operator has allowed his insurance, as required herein, to be cancelled, withdrawn or terminated; (1) The operator has allowed any of his vehicles or equipment to become damaged, de- teriorated or unclean to the extent that it is unsatisfactory for public use; or (m) The operator fails to show financial ability to maintain services in compliance with the terms hereof. Sec. 6-9. Revocation, Alteration or Suspension of Certificate. (a) After not less than ten (10) days notice and after hearing, the City Council may revoke, alter or suspend any certificate issued hereunder upon a deter- mination by it that the public convenience and necessity no longer justifies such certificate or that the opera- for has willfully violated any of the provisions of this ordinance. (b) The license officer is hereby authorized and empowered to revoke, alter or suspend any cer- tificate issued hereunder upon his finding that any operator has willfully violated any of the provisions of this ordinance; such action by the license officer shall be effective for no more than fifteen (15) days, except as otherwise herein pro- vided, and shall take effect upon delivery of writ- ten notice thereof to the operator; such delivery may be made in person to the operator or to any of his agents or employees, or by depositing a writ- ten notice in the United States mail in an envelope properly addressed to the operator at his address on file with the license officer and bearing suf- ficient postage; provided, however, that the operator shall have the right to appeal to the City Council of the City of Fort Worth from any such action of the license officer by delivering written notice of such appeal to the City Secretary not more than five -12- (5) days after the effective date of the action appealed from. In the event the operator shall fail to deliver such notice of appeal to the City Secretary within the time prescribed, the action of the license officer in revoking, al- tering or suspending the certificate shall be final. If the operator timely delivers the notice of appeal to the City Secretary, the City Council shall hear the appeal in a public meeting not more than ten (10) days after the date of filing the notice of appeal with the City Secre- tary. Sec. 6-10. Annual Certificate Fee. No certificate shall be issued or continued in operation unless the holder thereof shall have paid an annual certificate fee of Fifty Dollars ($50.00) to the City of Fort Worth for the right to engage in the ambulance business in and upon the public streets and thoroughfares of the City of Fort Worth, Texas. Each certificate issued here- under shall be valid for one calendar year, and any operator desiring to continue his operations hereunder shall make application for renewal of his certificate prior to December 1 of any year for the privilege of operating during the following calendar year. The amount of the certificate fee herein prescribed shall not be prorated for fractional -13- parts of a calendar year, nor shall it relieve the operator from the necessity of obtaining any State or County Occupation License or any other requirement established by statute. Certificates of public convenience and necessity issued here- under shall not be transferable nor assignable without the consent of the City Council. Sec. 6-11. Permit Required for Each Vehicle. After the operator shall have secured a certificate hereunder, no vehicle shall be operated under authority of such certificate until the operator has made application to the license officer for and has been issued a permit for each motor vehicle to be operated under said certifi- cate. Every application for a permit shall be in writing, verified by the operator, and shall show the number of the certificate and the make, type, year or manufacture, motor number, serial number, passenger capacity and exterior color(s) for each motor vehicle for which a permit is de- sired. In the event the license officer finds that each vehicle fulfills and complies with the minimum requirements as specified by the Chief of Police and the City Health Officer, that each ve- hicle is in satisfactory and safe mechanical con- dition, that such vehicle is properly identified with the operator's name, and that the color of -14- the vehicle is the same as authorized by the City Council, he shall then issue to the operator a permit for each vehicle upon the payment of an annual permit fee for each vehicle authorized. Sec. 6-12. Revocation, Alteration or Suspension of Permit. No permit shall, be issued for the operation of any ambulance which is unsafe or unfit for the transportation of patients, and the license offi- cer shall have the power to suspend, alter or revoke the permit for any ambulance which has be- come unsafe or which has become so damaged, de- teriorated or unclean as to render such ambulance unfit for public use. The operator who holds any such permit which has been revoked, altered or suspended by the license officer shall have the same right to appeal such decision to the Council as is provided in Sec. 6-9. Sec. 6-13. Annual Permit Fees. No permit for any ambulance shall be is- sued or continued in operation unless the holder thereof has paid an annual permit fee of Twenty-five Dollars ($25.00) for each vehicle to be operated. The number of ambulances for which permits are is- sued shall not exceed the number authorized in the certificate of public convenience and necessity issued pursuant to this ordinance. The permits _15- required herein shall be valid for one calendar year, beginning January 1 and ending December 31 of such year, and any operator desiring to con- tinue the operation of any ambulance hereunder shall make application for renewal of any or all permits issued hereunder prior to December 1 of any year for the privilege of operating during the following calendar year. The amount of the permit fees hereunder prescribed shall not be prorated for fractional parts of a calendar year, nor shall it relieve the operator of the necessity of obtaining any State or County Occupation Licenses or complying with any other requirement estab- lished by statute. Each permit shall designate a specific ambulance and shall not be transferable nor assignable without the prior written consent of the license officer. Sec. 6-14. Central Place of Business. Each operator shall maintain a central place of business with at least one properly listed telephone for receiving all calls for am- bulance service and where all business records and daily manifests herein required shall be maintained and available for inspection or audit at all times. Each operator shall have a person available at all times to answer promptly all calls for service, to dispatch promptly all ambu- lances, and to be generally responsible for its -16- conduct of such ambulance operations. Each operator shall, in writing, immediately notify the Director of the health Department and the Chief of Police of the City of Fort Worth of any change of the business address or of the telephone num- ber where said operator may be reached at all times. Sec. 6-15. Certificate Holder's Records and Reports. Each certificate holder shall provide each of its drivers with a daily manifest upon which shall be recorded the time, date, place of origin, patient's name and address, destination, and charges for each trip. Each such operator shall retain and preserve all daily manifests for at least six (6) months, and such manifests shall be available for inspection by the City Council or its duly authorized representatives upon re- quest. Each certificate holder hereunder shall keep accurate records of the receipts and ex- penses from operations and such other operating information as may be required by the Council. Each such operator shall maintain such records at a place readily accessible for examination by the license officer, the City Council or their duly authorized representatives. Sec. 6-16. Liability Insurance Required. Each operator shall purchase and keep in -17- full force and effect public liability insurance in the amount of not less than One Hundred Thousand Dollars ($100,000.00) for each person, Three Hundred Thousand Dollars ($300,000.00) for each accident, and Fifty Thousand Dollars ($50,000.00) for property damage to secure payment of all lawful and proper claims aris- ing out of the operations of the ambulance service au- thorized hereunder. A written statement from an authorized agent of the operator's insurance carrier verifying the issuance of such insurance shall be filed with the license officer before any certificate or per- mit may be issued. All such verifications of insurance shall provide for a thirty (30) day cancellation notice to the license officer. Sec. 6-17. Rates - Ambulance Operator to Comply With the Following Schedule of Rates. Each ambulance operator shall charge no more than the following schedule of maximum rates: (1) Ambulance Service (a) $22.00 base fee for trans- porting one person to a hospital; (b) $ 1.00 per mile charge for transportation of one person from the point of pick-up to delivery to a hospital; (c) $ 5.00 for administration of oxygen to one person; (d) $ 5.00 charge for operating red lights and at emergency speeds; (e) No charge for special service, such as handling contagious cases, mentally disturbed, etc.; -18- (f) $ 5.00 per 1/2 hour charge for waiting in excess of 15 minutes; (g) $15.00 charge for unfounded re- quests for service; (h) $35.00 maximum charge for trans- porting one person to a hospital from any loca- tion within the limits of the City of Fort Worth; (i) $ 2.00 discount for prompt payment; (j) Method of dividing cost among patients if more than one is carried simultaneous- ly to a hospital: First patient Full charge* Second patient One-half* Third patient One-half* Fourth patient One-half* *Total charges for all patients carried will be divided equally between the patients. (2) Invalid Coach Service (a) $22.00 base fee for transportation of one person from a hospital or from place to place in an invalid coach; (b) $ 1.00 per mile charge for trans- tation of one person from the point of pick-up to point of delivery; (c) $ 5.00 for administration of oxygen to one person; (d) No charge for special serv- ices, such as handling con- tagious cases, mentally disturbed, etc. ; (e) $ 5.00 per 1/2 hour charge for waiting in excess of 15 minutes; (f) $15.00 charge for unfounded re- quests for service; (g) $35.00 maximum charge for transport- ing one person from a hos- pital or from place to place in an invalid coach within the limits of the City of Fort Worth; (h) $ 2.00 discount for prompt payment; (i) Method of dividing cost among patients if more than one is carried simultaneously: First patient Full charge* Second patient One-half* Third patient One-half* Fourth patient One-half* -19- *Total charges for all patients carried will be divided equally between the patients. The collection of such fees shall be the sole responsibility of Operator. Sec. 6-18. Rates - To be Posted in Ambulance. Each ambulance shall have posted in a conspicuous place, readily visible to the occu- pants, a statement showing the rates to be charged. Such rates as posted shall not exceed those on the schedule contained in Sec. 6-17. Sec. 6-19. Operating Regulations. All certificate holders, operators, at- tendants and drivers shall comply with the follow- ing regulations: (a) Every certificate holder shall be re- quired to provide service twenty-four (24) hours daily, each and every day. Each call for ambu- lance service shall be promptly answered. Patients shall be loaded and transported without being sub- jected to unreasonable delays. (b) Clean and sanitary bed linens shall be provided for each patient carried and shall be changed after the discharge of a patient and be- fore any subsequent patient is picked up. (c) Each ambulance shall have, in addition to the driver, an attendant who holds a current American Red Cross Advanced First Aid or U. S. -20- Bureau of Mines First Aid certificate certified by the City Health Officer, which attendant shall remain in attendance to the patient being conveyed. (d) Each operator shall adopt and use, after approval by the Council, a distinctive uni- form color scheme for his ambulance, 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. No other type of advertising may be used on the vehicle. (e) The ambulance operator's business name shall be shown on a permanent sign appearing on each side and on the rear of each vehicle in letters of not less than three (3) inches in height and one-half (1/2) inch in stroke-width. Sec. 6-20. Standard of Ambulance Equipment Required. No ambulance shall be operated upon the public streets of the City unless all of the fol- lowing conditions be met: (a) All ambulances shall be maintained in good operating condition and all equipment therein shall be capable of rendering satisfactory service. No ambulance shall be driven or operated upon any street in the City unless the same is in safe con- dition and free of mechanical -21- defects, with the brakes in good condition. (b) All motor vehicles used for the pur- pose of providing ambulance service hereunder shall be designed and constructed to transport ill, sick or injured persons in comfort and safety, and shall be maintained in clean, sanitary and first-class mechanical condition at all times. (c) The Chief of Police shall cause an inspection to be made of all ambulances in the City of Fort Worth at least every six (6) months and as often as he deems it appropriate, and if an ambulance shall be found unfit or unsafe for operation, notice shall be given to the owner and operator thereof, and such ambulance shall not be operated thereafter until the same has been put in a safe and fit condition as determined by the Chief of Police or his duly authorized represen- tative. (d) The Chief of Police shall be authorized and directed, after public notice and opportunity for public hearings, to establish ambulance vehicle standards pertaining to construction, equipment, and safety features and facilities. (e) The City Health Officer shall be au- thorized and directed, after public notice and op- portunity for public hearings, to establish ambu- lance vehicle standards pertaining to equipment for the administration of first-aid. -22- (f) The City Health Officer shall be re- sponsible for certifying the sanitation of ve- hicles and shall inspect and certify that the vehicles are equipped in accordance with Sec. 6-20 (e) prior to the issuance of any permit for any such vehicle. Sec. 6-21. Drivers and Attendants - Registration Required. No person shall drive, manage or control any ambulance on any public street or thorough- fare in the City of Fort Worth for compensation without having been examined and registered by the license officer of the City as a driver, nor shall any person attend or render first-aid to any passenger in any such ambulance for compensation without having been examined and registered by the license officer of the City as an attendant. The license officer shall issue to any such person so registered as a driver or attendant a regis- tration card certifying the same. Sec. 6-22. Qualifications of Applicants for Drivers' and Attendants' Registration. Each applicant for registration as an ambulance driver or attendant in the City shall be a citizen of the United States of America. Each applicant for an ambulance driver's registration must be the holder of a current chauffeur's li- -23- cense issued by the Department of Public Safety of the State of Texas. Each applicant must be able to speak, read and write the English lang- uage. Each applicant must furnish a written certificate from the City Health Officer that he is of sound physique, possesses good eye-sight and good hearing, is not subject to epilepsy, vertigo, heart trouble or infirmity of body or mind, has had a blood test and a chest x-ray, and is not addicted to the use of drugs or intoxicat- ing liquors so as to render him unfit to perform the duties of a driver or attendant. Each appli- cant must furnish satisfactory proof that he is a person of good moral character. Each applicant must furnish proof that he holds a valid certifi- cate in advanced Red Cross or U. S. Bureau of Mines First Aid, certified by the Health Director of the City of Fort Worth. Sec. 6-23. Applications for Drivers' and Attendants' Registrations. All applications for drivers' and at- tendants' registrations hereunder shall be made upon forms prescribed by the license officer and shall contain the following information, which shall be signed and sworn to by the applicant: (a) The applicant's full name, current address, place of residence for five (5) years previous to moving to his present address, and -24- the length of time he has resided in Fort Worth, Texas; (b) The applicant's age, marital status, height, weight, color of eyes and color of hair; (c) Whether or not such applicant has ever been finally convicted of a felony or misdemeanor, and, if so, when, where and for what cause; (d) The applicant's training and experience in transportation and care of patients; whether he has previously been licensed as a driver or attendant, and, if so, when and where; and whether his license has ever been revoked or suspended in any jurisdiction, and, if so, for what cause; (e) Two recent photographs of the appli- cant of a size designated by the license officer, one of which shall be attached by the license officer to the registration card; (f) Such other information as the license officer shall deem reasonably necessary to a fair determination of compliance with this ordinance; and (g) An accompanying registration fee of Five Dollars ($5.00) . Sec. 6-22. Renewal of Registration Card - Fee. Registration cards for an ambulance at- tendant or driver shall be valid for one calen- dar year, beginning January 1 and ending Decem- ber 31 of any such year. Any driver or attendant holding a registration card in good standing -25- and whose status and condition have not changed since obtaining such registration may, by payment of the renewal registration fee of Five Dollars ($5.00) and upon a determination by the license officer that the applicant's status and condition have not changed, obtain a renewal thereof prior to January 1 of any calendar year for the next succeeding calendar year. Sec. 6-23. Display of Registration Card. It shall be the duty and responsibility of each driver and attendant registered hereunder to display his registration card upon demand to the Chief of Police or the City Health officer, or to their duly authorized representatives. The registration card of each driver and attendant shall be carried on the person of such driver or attendant at all times while on duty. Sec. 6-24. Suspension or Revocation of Driver's or Attendant's Registration. The Chief of Police shall have the authority to suspend or revoke the registration of any driver or attendant for cause. Any driver or attendant whose registration has been suspended or revoked hereunder shall have the same right of appeal as is provided in Sec. 6-9. Sec. 6-25. Ambulance Radio Dispatch Procedure. The radio dispatcher for the Fort Worth Police Department shall have at all times a map -26- of the City of Fort Worth, and the map shall show the location of all approved ambulance services operating within the City. The radio dispatcher shall authorize the dispatch of emer- gency ambulances as may be needed in the City of Fort Worth. Any ambulance operator who re- ceives a private call and desires to respond Emergency Code III, as hereinabove defined, is hereby required to notify such police ratio dis- patcher and report the circumstances and location of the emergency and give the name and address of the person calling the ambulance company, if avail- able. An ambulance may respond as an emergency call Code III only after notification of and au- thorization by the radio dispatcher for the Fort Worth Police Department. Authorization shall be given after notification if no other ambulance has been authorized to respond to such emergency call. In the event of a major disaster, however, the police dispatcher shall have the authority to dis- regard all other dispatch procedures herein set forth and may call additional emergency ambulances. All other calls shall be made as non-emergency Code I calls. Sec. 6-26. Obedience to Traffic Laws, Ordinances and Regulations. The driver of any ambulance operating with -27- a valid certificate and permit issued hereunder, when responding to an emergency call or while transporting a patient, after notification of and authorization by the police dispatcher, as hereinabove required, may exercise the privi- leges set forth in this Section, but subject to the conditions herein stated and only when such driver has reasonable grounds to believe that an emergency, in fact, exists which requires the exercise of such privileges. Under emergency circumstances, such driver may: (a) Park or stand, irrespective of the otherwise applicable provisions of law, ordinance or regulation; (b) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; (c) Exceed the maximum speed limits per- mitted by law, ordinance or regulation, provided any governing directives issued by the Chief of Police are obeyed; or (d) Disregard laws, ordinances or regula- tions governing directions or movements or turn- ing in specified directions. Provided, however, that any exemption here- in granted shall apply only when such ambulance is operating with siren or red light and when such audible and visual signals meet the require- ments of law, ordinance or regulation; and pro- -28- vided further that the foregoing provision shall not operate to relieve the driver of any ambulance from the duty to drive with due re- gard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others. Sec. 6-27. Use of Emergency Warning Equipment. After an ambulance has responded to a call and arrived at the point of pickup, it shall be unlawful for such ambulance to proceed to the hospital or other destination with the use of emergency warning equipment, such as red light and siren, except in the case of dire emergency. A dire emergency shall be any situation wherein it appears reasonably probable that a condition exists which seriously threatens the victim's life or future wellbeing and when rapid trans- port to a medical facility is essential to protect life or prevent permanent injury. Sec. 6-28. Dead on Arrival Procedure. All ambulances shall use the following pro- cedure when the subject of the emergency call is dead on the arrival of the ambulances at the hos- pital. "Dead on arrival," as used herein, shall mean the determination of death by a medical ex- aminer or medical doctor. Where there is not any -29- 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 the body to a hospital until a medical examiner or licensed medical doctor formally pronounces the subject dead. The body shall be removed by the funeral home or mortuary designated by the radio dispatcher of the Fort Worth Police Department from the ro- tation list established by the license officer. It will be the responsibility of the funeral home or mortuary to register with the license officer for placement on the rotation list. Sec. 6-29. Operators Furnished This ordinance. All operators shall be furnished with a copy of this ordinance and shall keep their drivers and attendants properly informed of same. Sec. 6-30. Removal from Approved List. The Police Department and/or the City Health Department, or their duly authorized representatives, 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 ade- quate standards, and they shall have the right to remove any ambulance service from the approved rotation list for failure to comply with any of the provisions of this ordinance. -30- SECTION II. The regulation of invalid coaches, ambulances and emergency ambulances as herein established has been made in the exercise of the sound discretion of the City Council, and the City Council finds that such regulations are necessary for the purpose of promoting the health, safety and general welfare of the community; that such regulations have been designed to lessen congestion by emergency vehicles on the public streets and to secure safety to pedestrians and vehicles using the public streets and thoroughfares; that such regulations are necessary to protect health, life and property; that such regula- tions apply to all operators of invalid coaches and am- bulances as a whole operating for hire under emergency conditions, or otherwise, on the streets and public thoroughfares of the City of Fort Worth and are designed to promote the orderly and safe flow of vehicular traf- fic on the public streets and thoroughfares in such a manner as to minimize the hazards and dangers inherent in the operation of ambulances under emergency conditions; and that public necessity requires that such regulations be adopted to preserve and enforce the health, safety and welfare, and the good order and security of the City and its inhabitants. SECTION III. Any person, firm, corporation or any agent or employee thereof who violates any of the provisions of this ordi- -31- nance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not to exceed Two Hundred Dollars ($200.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION IV. This ordinance shall be, and is hereby declared to be, cumulative of all other ordinances of the City of Fort Worth, and this ordinance shall not operate to re- peal or affect any of such other ordinances except insofar as the provisions thereof may be expressly inconsistent or directly in conflict with the provisions of this ordi- nance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. The existing Chapter 6 of the Fort Worth city code is hereby expressly repealed. SECTION V. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconsti- tutional, such holding shall not affect the validity of the remaining portions of this ordinance, and the remainder thereof not so held to be unconstitutional shall continue to be in full force and effect. SECTION VI. This ordinance shall be in full force and effect -32- thirty (30) days from and after its passage and pub- lication as provided by law. Passed and adopted this 17 TM day of _ApRit. 1967. APPROVED AS TO FORM AND LEGALITY: City Attorney -33-