Loading...
HomeMy WebLinkAboutORD 78-07ENTITLED AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY REQUIRING HOLDERS OF AM.3ULANCE PERMITS TO RESPOND TO EMERGENCY CA -TJ -S; PROVIDING A PROCEDURE FOR REVO- CATION OF AN AMBULANCE PEMITT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: That Chapter 4, Section 4-9 of the Code of Ordinances of the City of Beaumont be, and the same is hereby, amended to read as follows: Section 4-9: Transport'of Injured o; Ill Persons Ambulances shall be required to transfer patients in a prompt and safe manner. The holder of an ambulance permit shall be re- quired to send an ambulance, in each in- stance in which an ambulance is requested, to transport a sick or injured person from a location within the city to an emergency medical facility within the city. Ambulances involved in emergency calls shall travel at a speed no greater than 10 miles per hour above the legal speed limit. Sectori ' 2 . That Chapter 4, .Section 4-11 of the Code of Ordinances of the City of Beaumont be, and the same is hereby, amended to read as follows: Section 4-11: Revocation of Ambulance Permit. The Health Authority, prior to revocation of any ambulance permit, shall give written notice to the holder of said permit. Said notice shall contain the reason for the pro- posed revocation and set a time and place for hearing not less than five (5) nor more than fifteen (15) days after the date of said letter, at which hearing, a determination will be made by the Health Authority concerning the revocation of the ambulance permit. A record shall be made of any hearing held under this section and all costs associated with such hearing and record shall be paid by the permit holder. In -possibility of per- formance shall be the only defense to revo- cation for failing to send an ambulance when requested to transport a sick or injured person from a location within the city to an emergency medical facility within the city. The Health Authority shall render his decision in writing within five (5) days of the date of the hearing. Time for rendering a decision may be extended an additional five (5) days by the Health Authority. The following shall be grounds for revocation of an ambulance permit by the Health Authority: (a) The permit holder, an employer or any employee of the permit holder has violated any provision of this chapter, or (b) The permit holder or owner of the ambulance for which the permit is issued is failing to comply and maintain such ambulances in compliance with the requirements set forth in Section 4-5 providing for certain equipment, or -2- (c) The permit holder, an employer or an employee of the permit holder has used %1 information received from a broadcast f , on the shortwave radio frequency of the police or fire department for his own benefit, or the benefit of another person in connection with the operation of an ambulance, or (d) The permit holder or owner of the am- bulance for which the permit is issued has allowed the ambulance to be oper- ated transporting the sick or injured for hire upon the public streets of the City of Beaumont by one not having a valid City of Beaumont ambulance driver's license, or (e) The permit holder, an employer or an employee of the permit holder has origi- nated ambulance service from any area in the City of Beaumont zoned "R-1", "R-lA", "R -1M" and "R-2" as set out and defined in Chapter 42 of the Code of. Ordinances of the City of Beaumont, Texas. That Chapter 4 of the Code of Ordinances of the City of Beaumont, Texas, be, and the same is hereby, amended by adding a new Section 4-11a to read as follows: Section 4-11a: Appeal. Appeal of the revocation of an ambulance permit shall be made to the City Council and shall be heard only upon the record made of the hearing before the Health Authority. The substantial - evidence rule shall apply. The City Council shall hear said appeal upon receipt of a request -3- in writing for such appeal received within fifteen (15) daysafter the date of the decision of revocation by the Health Authority. The record of the hearing before the Health Authority shall be attached as a part of the request for appeal to the City Council. The decision of the City Council shall be final. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall in no wise affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. A11 ordinances or parts of ordinances in conflict herewith are hereby repealed. Any person .who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE C COUNCIL of the City of Beaumont this the day of 1978. - Mayor::- -4-