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Home My WebLink About3135 Repealing & Replacing AMC 6.40 ORDINANCE NO. 313 5 AN ORDINANCE REPEALING AND REPLACING AMC CHAPTER 6.40 BY ADOPTION OF STATE AND COUNTY REGULATIONS Annotated to show de et ons and additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the City of Ashland has historically operated its ambulance and emergency medical services pursuant to its own Ashland Municipal Code Chapter 6.40. WHEREAS, Oregon Revised Statute 682.031 says that political subdivisions, such as the City of Ashland, may not require less than that which is required under Oregon statutes regulating ambulances and emergency medical services providers. ORS 682.031 further directs local government ordinances to strictly comply with the county plan for ambulance and emergency medical services in which the local government is located. WHEREAS, AMC 6.40 is similar to but not identical to state and county law, therefore giving rise to ambiguity, potential liability, and the need for continuous monitoring to ensure consistency as applicable state and county laws are revised. WHEREAS, adopting by reference the provisions of ORS Chapter 682 and Jackson County Ambulance Service Plan, Chapter 1075 as the City of Ashland's ordinance on ambulance and emergency medical services would ensure continued compliance with state law without materially changing the City's ambulance and emergency medical services operations. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Ashland Municipal Code Chapter 6.40 Emergency Medical Services is hereby repealed in its entirety as follows: SECTION 6.40.010 Definitions The foil * - ir-ds and phrases as used in this ehapter- shall have the following me.nings: Ordinance No. Page 1 of 9 A A mblllan A rfy privately pllbliely owned motor vebicle that is regularly .aa..., a., a a»a aJ provided or offered to be provided for- the emergeney transportation of per-sons suffe from illnoso in illrl "l- disability. R. A mblllslnce sAl+~~i ee• Any per-son, governmental Unit corporation' L vuar pslrtl~eIILal.ship sole D vV_v proprietor-ship or other entity that operate-s ambulanees and that holds itself out as persons. providing pre hospital care or medical transportation to siek, injured or disabled Operator-. /y i A mb la11ACZ e aa vvv of furnishing A H flgeney or per-son engaged i the business AT am blllan Ae (.orcliAAS D. Emergeney. Any non hospital oeetirrence or situation involving illn A . . i of sueh serviees is likely to- aggravate the eondition or- endanger- personal heal or safety * Z~i~ ro rgeney Medictal Serv'zees (EMS). Those., pre _hospitall funetio O ` nserc~~vvs . aaV.,t,a...a a...aa~.a.,aa„ and > ineluding fire apparatus, > treatment, communieations, evaluation, and public edueation. F. rZ mergel~ley Mediea 'TeC FAIT) A person defined in OZ~G~T S 823.020. / . Tt ~ 7off 7 e re f /~act llty that I Iregularly ■ Health ■ (1re Mf7e ffit11 A hosetoLI-I.~ clime.~ or extended iiL 1111, Ill Ll 1 v~, lil 1, L711 /Y H Person ■Yfdi /id all either or female partnerships firma eorporatio s • • , Z ' ' lly asaau assoeiatio-ns of every kind and their agents, sen,ants or employees. L Pre hospital Care. Care rendered by emergeney medieal teehni in ineide of the operation of ambulanees and eare rendered by emergeney medieal teehnieians as In nilfeYlts of other rlublin or private Pa", duties LILJ• T Response Time The period of time from reeeipt of f7 call for EMS assistanAe by the • 2778 1V1 N.JJIJ ILIll \.v RJ ♦ the response agency until The arrival of E providers. (Ord. S19 1996) SECT-!ON 4n 020 T ieenae and Person el Required A. No per-son shall operate an ambulance business within the eorporate limits of eity without first obtaining a fieense for operation. B. No per-son shall operate a vehicle as an ambulanee that is not equipped, operated, 1 attended by the personnel as required by this ehap C. Notwithstan ding subseetions A and B of this seetion, any per-son operating an ambulanee business within the eorporate limits of the eity on the date this ordiflanee-tis eG" Z'i7rC'ed shall have until December 31, 1995 to comply with this chapter. SECTION 6.40.030 Exempt Persons and Activities The provisio O of this chapter do not apply tot. A A mblllaneAO owned by or operated !hider the control of the United States C 6vern ~ D ` \/ehinles being used to render- tempora", assistance to li ensed ambulance operators are unable to eope, or when direeted to be used to render temporary assistanee by a publie official at the mane of an accident Vehielns operated solely on priv to property or within the coIlnfinesi illLJ of institutional l C. of 11IJ IlI Il IlV 11 LI grounds, whether or not the ineide.n.tal erossing of any publie street sen,ing the property o grounds is involved, Ordinance No. Page 2 of 9 A Ve ieles operating 'en' I L1L off1ee pr headquarters outside the e eit a.~a..~ that are transporting a patient from an area outside the eity to a health ear-e faeffitywithin the eity' or yeHleles ~ih eH .lrp nf1CCing through without destination \.1 in 111 the eity E. ` JI~Ii ear -e 11111L ellleles operating as a neonatal intensive ear-e unit. T. A ehieles transporting atient to an pir a mb l•'nea t the As l.'n~l ~/unieinal • (Ord. 2778 ' Airport or- a patient from the airport who ar-Aved by air- SECTION 6.40.040 Minimum Ambulanee and Equipment Standards Ambulanees shall be of the federal ambula R ifleation KKK 1822 A types 1, 2 A. V..aelh ambulanee shall eontain, in addition to the nt standards set by the State of Oregon, the equipment required in the jaelisofl (nr27-7S3, 1996) C. All ambulanees proposed to be used by the ambulanee operator- shall be presented to the eity administrator- "r designee f"" inc.neetion -w1+1'i" fifteen days of the date o I appheation. All new or r-eplaeement ambulanees shall also be presented for inspeetion D. All a'mb lanees shell be me1Ht 1ned a eeor-iling to the man ff1et -e 'J r-eeommendations. Complete maintenanee r-eeor-ds shall be maintained and made available to the eity upon request. E. Eaeh ambulanee shall be housed in a heated and seeur-e gar-age provided that no ambulanee shall be housed at the Ashland Munieipal Airport. Cr-ew quarters shall confor-m to the standards set for-th in the speeialty eodes defined in chapter- 15.04 for msidentW oeenpaneies (dwellings). F. I flH L1li11 A mb lalnee operators shall maintain a patient eere reeord fVor vepe~ patien 'iit.Il * L transported. Eaeh r-eeor-d shall inelude the following information: 1 Name of patient 1 Time of dispateh_ Z Time en ro liwe • 4 Time of prri`"al at inei~len+ . G Time of departure from ineident. Time of ar-Aval at hospital. 7 Time nmb lpnee becomes available for ,i<rep ~ZL=SZLDTCTV'f sSG2emT~ 8. Names and eertifleation levels of attending emer-geney medical tech Q• response-. Riniiand ending mileage of elleH 1 n paint of `l1One}eh. 1 1 • Unit number, 12Tneiaent address. 13. neserip ion of injuries and/or epre nrVovi~le~l~ Iua.u. SECTION 6.40 .050 Minimum T eyels of Training an St ffin A. Eaeh ambulance shall be staffed by at least two Oregon State Certified EA4T-s, one state eer-tified at or above EMT- B and one state eertified at EMT P training 1 B. The FA4T P shall be in attendanee of the patient in the patient eompar-tment of t ambulanee when transporting advaneed life support patients to a health eare faeilit~-. Ordinance No. Page 3 of 9 State of Oregon. Eaeh EMT P shall be eurr-ently eer-tified by the Amer-kan Hear Assoeiat' ovider of advaneed ear-diae life suppor-t. (Or-d. 2778 S4, 1996) SECTION 6.40.060 PrAAedur-es Ambulanee operators and their employees shall eomply with all proeeduires and pr-otoeols outlined ■n the T"el'son ■ ounty EMS Standing ■ ■r-def!s for this ar-e (Ord 2978, amended, 02/17/2009) SECTION 6 40 n /n r-oe-edur-es for Monitoring er-form Anne A. The ambulanee operator- shall provide iregular- field evaluations of FAM employed by the operator-. The field evaluations shall be done no less than bi annually. The evaluation form shall be appr-oved by the eity administrator- or- designee. Records of y shall have aeeess to any evaluation shall be maintained and stor-ed. The eit- and all field evaluations upon request. The response time for- all emergerney ea l_shall shall be eompilea by t e B. monthly il, the ambulance operator-. The compilation shall be submitted to the eity by the last day of first week of the month folio-wing the report month. All emer-geney response time over- fou minutes for- emer-geneies determined to require advaneed life support ear-e and eight. minutes for emer-geneies determined to r-eq-ir-e basic life support ear-e shall be listed separ-at ly. The report shall give the point of dispateh of the first response vehiele an ambulance, and the loeation of the incident, of an ambulanee operator- shall be defiver-ed to the eity administrator- by the oper-ato-r wher-e it is to be kept on file. The city administrator- shall have the author-ity to take su to the eouneil together- with a meommendation for- eor-r-eetive action to be taken by th-e eo neil. SECTION 6.40.040 Administration; A The eity administrator- shall lie. aceor-d non with the provisions of this chap4er, 7• The eity > writing, or- lesignated by the eity administrator- in shell have the authority +o• 1 A tldit records to assure eon ormonee wit this L•.1•lpter, • 2 Perform all other (lets neenssa", to enTnree th prn~TlOl IL of this ehapter. SECTION 6.40.100 License Requirements and maintenanee A as stated is • requirements, Confor-m with the standards, Division, the rules adopted by the State Health Ordinance No. Page 4 of 9 Plan and this ehapter, Whenever- the requirements of this ehapter- ir . . of e than division rules or- the eounty plan, the ehapt - . ements shall be followed. B. Maintain on file with the eity administr-atoir, a current list of fees ehar-ged roHdAriH li snl+~r. e C. Maintain on filewith the eity administrator-, a current copy of the name and • available, Maintain and make required by this chapter, E. Employ only emer-geney medieal teehnieians who are eer-tified by the State He Division: F. Make siy ilabin' upon reques+' ZI ~J li 1711 written information to the H»1~1in nor~ v V 11 1. nnrHiHir rA+n ~ l~ 1'r(~j'ak lJ l 11111 1 K 11J information, G. Meet the response times and minimum levels of ear- d by this ehapter, 14. Render- emergency medieal serviees 24 hours a day, seven days a week. Are hospital medieal - - ind ambulanee transportation shall be available to all persons in the r-ea without regard to II II disability 77 , eolor-, religion, M.Mirital status, age, national origin, L , sexua orientatIoH, ior ability to pa-y-. to ■ 7 17 L Submit tA_ the ' 1 of Been a' 1j 11 proof of all 1nsur-anee required Rl this upon v~.l by this eI T. Submit to the niter7 upon applieatiotor lice sn, u a,a. bonds proof of all Hnrfnrmanee K. Notify the eitywithin 10 days of any ehange in material information eontained in th related materials, or lieense. (Ord. 2778 S59 1996), 7 SECTION 6.40.110 A HHlieation for- Linen-se A. Any per-son desiring to obtain an ambulanee operator- lieense shall apply upon forms available from the eity r-eeorder, Eaeh applieation shall be aeeompanied by a sur-ety bond in the amount pr-ovided in this ehapter, The applieation shall iftelude the foliowmig information: 1. The name of the applieant and trade name, if any, under whieh the applieant intends to conduet the business; or if it i I --r-ationg its name, date and plaee &f mporation, address of its prineipal plaee of business and the names of its pr-incipa assoeiati - . neorporated eompany, the names of the partners, or- of the per-sons partner- or- persom. 2. A deser-iption of eaeh ambulanee or- other-,vehiele used, or- proposed to be used, by the applicant, with the name of the manufaetur-er-, - . ad serial numbers, state m vehiele lieense number-, together- with a eer-tifieation that eaeh ambulanee is adequate and safe for- the purposes for-which it is to be used and that it is equipped as required by this tehapter- laws of the state of ■ ■regon. The address an desnriH+ioH of the r.rnmiras at an from ~1 ~=rb'ie it is +n • it ltll 11 1~.7 proposed ~1V maintain and operate sueh ambulanees. an Li 'li-i1yer- is 4. information that evevy proposed driver-, attendant, 11 {,a attendant av qualified as required in this ehapter- and as required by the laws of the state of Oregon. Ordinance No. Page 5 of 9 5. The applieant shall furnish sueh additional information as the eity may WAX 6o Upon applieation for an ambulanee t eity with a good and suffleient eash bond or surety bond in the sUm of 7 shall be eontinued in effeet during the period that sueh ambulanee operator shall do business in the eity. The bond shall be given as a guarantee that the ambulanee opera will furnish and maintain ambulanee sem4ee from the date of obtaining a eity lieens-e 1 without interruption of se i 1,ept that by giving 180 days notiee to the > > reason, ambulanee operator shall be authorized to diseontinue sen4ee without penalty. if,- for- an the lieensed ambulanee operator- shall eease operations or diseontinue business foF Yf any reason ~I1atsAe11 1.1.1 1eluntANilt7' Lll l~ 11V b1\.v v without giving the notice ~le aava7-ei aa Vl' ♦ ~ 4 required, sueh eash bond or- sufety bond shall be forfeited to the • 7. No L1mb77la ee operator's shall be issued unless there is also A„ on fileWitl1 the llly 1611 ~.11v damage to pr-oper-ty and for- inju", to or death of, any person resulting from _Ih 1 1 or- other use thereof. This pohey shall be in the sum of not less th . "La $500,000.00 for- pr-oper-ty damages, per-sonfl-I injuries to, or- death of A H any singw Aeeiil ent SIT a. The insur-anee pohey shall eontain an endorsement providing that this pohey o Eir-aflee "Al not be eaneeled until notiee in wAting shall have been meeived by the eity administrator at least thirty days prior to the time sueh eaneellation shall beeome effeetive. b. The insuranee pohey must be issued by a eo.m..pany authorized to do business in the State of Oregon. This pohey shall further- provide that there shall be a eontifluing liability thereon, notwithstanding any r-eeover-y on this pohey. If,- at any time, this insur-anee pohey shall be eaneeled by the e IL :ssuing the same, or- the authority of the eompany t business in the state of Oregon shall be 7 B. The initial fieense fee and eaeh year-13, r-enewal thereafter- shall be $300 for- an Ambulanee I to the city. Changes in the amount of these fees may be made by resolution o eouneil. SECTION 6.40.120 Review and investigation of Applieati A. Within fifteen days after- r-eeeipt of an appheation, the eity administrator- or d Peet and test all vehieles and equipment and inspeet all proposed vehiele locati- sites and erew quarters. B. The eity administrator- or- designee shall deter-mine the applieant has eoMplied'A the !a-A,s of the state of Oregon and provisions of this ehapter an report oueu determination to the eouneih SECTION 6.40.130 issuanee of Lieense- The eouneil may issue a lieense upon finding that the applieant has met all r-equir-emen this ehapter. Ordinance No. Page 6 of 9 SECTION 6.40.1 4n~T peerse Term an Rene i a A. A lieense shall be valid from the date of issuanee to the next folio-wing thirtieth day of june and shall be r-enewable annually for- a term of one year-, Com on the fi day of july, R. An applieation for- r-enewal of an annual license shall be submitted to the eity at leas thirty d 'L . to its expiration date and shall be aecompanied by the appropriate fe C. The ambulance operator- shat pr-oyi`e 180 days ixtte notine to the eity rICT 1VliLL to the Lli, administrator- prior to terminating - . 1 Cn Revoeation or- Suspensionof Tiee1 se SECTION 6.40. ~rcz. II J L A. Exeept as provided in seetion 6.40.160-.B.3, r-ev ked, notiee shall be provided in aeeor-daneewith this seetion 1.08.005. An ambulanee operator shall be afforded- opportunity for- hearing in aeeor-danee with the terms of A 2.M B. The Hear-ing Offieer- may r-evoke or- suspend a lieense upon finding that an ambulanee operator- fails to meet the requirements of this ehapter- or is doing busine violation of this ehapter- or- appheable federal, state, or eounty laws, or-dinanees, rules or regulations. C. Any per-son whose lieense has been denied or r-evoked may, after- thir-ty days from the date of denial or- suspe i , . ply for a heense upon payment of an applieation fee in the amount of the annual heense fee,whieh shall not be er-edited to the applieant's an linense 1•ee A Any person whose fieense has been denied or r-evolced for- a total of two times within one year-, or-who has a eombined total of four- denials or- r-evoeations shall be disqualified from applying for- a license for- a period of two years from the date of the last r-evoeation o denial. (Ord 3010, amended, 04/20/2010) SECTION 6 4n 16n Abatement vofr Violations ~r vvrA. Upon finding that a violation of this ehapte A . heable 7 federal, state, eity,--(w county laws, or-di I rules or regulations has oecur-r-ed, the eity may utilize the uniform abatement pr-oeess speeffied in AAIC 2.31. In addition to the r-emedies speeffied therein, i the ambulance operator- fails to take eor-r-eetive aetion within the ti It . 7 the eity may also take aetion under- seetion 6.40.150- to r-evoke or- suspend the lieense. (Ord 3010, "m aea nn /'fin/'20In) SECTION 6.40.1 7n Prohibited Aetivities No ambulanee operator- or- ambulanee operator's employee shall: A. Make a false statement of a material > or- omit diselosur-e of a material , B. Charge for- sen4ees not performed, make dupheate eharges for- the same se ehar-ge rates exeeeding those on file with the eity administr-a perform oen4eec of a" srz ' emel-genet' mt~teilina~l zrr~Rizur teen iLnia~r+ or emeN bRe„e y meilina~l ~-r-rr~--vrrg~r~--z~~~._.,< 1t.,en r.ini trainee unless authorized by state !am,. Ordinance No. Page 7 of 9 D. to promptly advise t7C VI 1 lil~llvJ Ti fl- l or re fuse the Ashland 911 Center_ of reeeZipt ` f `l it r-eq es lIVl emer-geney medie-fli assistanee or- when an ambulanee becomes available or non available to respond to dispateeh orders-. E Fail or refuse to reapon a to " ` ispate order from the `lispate offiee when t iIZZZI Vll lt.v lly AlY b lance s b1eet to t e /77~flll is available for sen4ee-. F. Falsify, Cl1ld_efaee or obliterate any ll/lAnse or certifle to required under this ehapteI . Violate any federal, state, r county law, or any other eity or-di ilneew SECT-WN 6.40.180 penalties A. in addition to any otheir proeeduires and remedies provided by !aw, any p latin any seetion within this ehapter shall be guilty of a Class 1 violation as set forth in see 1.n0- B. Eaeh and every day d y portion ofwhieh a violation of any seetion of this subjeet to a separate fine and sueh hall be punished aeeordingb,. (Ord 3024, amended, 08/03/2010) SECTION 6.40.190 Severabifit~, Should any seetion, paragraph, sentenee or word of this chapter be deelar-ed for an), reason to be invalid, it i-s the intent of the City of Ashland that all other portions remain in effeet. (O RD 2771 11 -22 95) SECTION 2. Ashland Municipal Code Chapter 6.40 Emergency Medical Services is hereby replaced to read as follows: CHAPTER 6.40. Ambulance and Emergency Medical Services SECTION 6.40.010 Code Adoption The following statute and ordinance is adopted as a part of this chapter and is further referred to in this title as "Ambulance and Emergency Medical Services": A. ORS Chapter 682 - Regulation of Ambulance Services and Emergency Medical Services Provider. B. Jackson County Ambulance Service Plan, Jackson County Code, Chapter 1075. SECTION 6.40.020 Compliance Required Any ambulance service operating within the City must comply with this Chapter and ORS Chapter 682 and the Jackson County Ambulance Service Plan, Chapter 1075 as adopted herein. SECTION 6.40.030 Penalty. Any person who violates any provision of this Chapter shall be punished as set forth in Section 1.08.020 of the Ashland Municipal Code, except as otherwise provided in state or county law. SECTION 3. Severability. Should any section, paragraph, sentence or word of this chapter be declared for any reason to be invalid, it is the intent of the City of Ashland that all other portions remain in effect. Ordinance No. Page 8 of 9 SECTION 4. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinances(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code, and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered or re-lettered, provided however, that any Whereas clauses and boilerplate provisions (i. e., Sections Nos. 3-5] need not be codified, and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section C) of the City Charter on the. er day of OCAOO q r , 2016, Ay PASSED and ADOPTED this 1 day of 0 yv~r 2016. Barbara M. Christensen, City Recorder SIGNED and APPROVED this / day of , 201 . Jo Strom erg, Mayor Ras to fo 1~ d Z41 ~c, Lohman, City Attorney Ordinance No. Page 9 of 9