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HomeMy WebLinkAbout269 - Ordinances ORDINANCE NO. 269 AN' ORDINANCE OF THE CITY COUNCIL OF TRE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE Rt~ULATION OF AMBULANCES The City Council of the City of Raocho Cucamooga, California, does ordain as follows: SECTION i: The Rancho Cucamooga Municipal Code is hereby ameoded to read as follows: "Chapter 8.18 "Sectionq" 8.18.010 Definitions. 8.18.020 Permits required. 8.18.030 Permit fees. 8.18.040 Application for a permit or renewal of a permit. 8.18.050 Investigation by city manager. 8.18.060 Issuance or denial of permit. 8.18.070 Consent of permit. 8.18.080 Amendment of permit. 8.18.090 Renewal of permits. 8.18,100 Suspension and revocation _of permits. 8.18.110 Suspension, conditional operation and temporary variance. 8.18.120 Appeal procedure. 8.18.130 Emergency service requirements. 8.18.140 Conformance witb permit..requiremants. 8.18.150 Standards for dispatch. 8.18.160 Ambulance safety and emergency equipment requirements. 8.18.170 Ambulance personnel. 8.18.180 Continuation of call. 8.18.190 Emergency and disaster operations. 8.18.200 User complaint procedures. 8.18.210 Enforcement responsibilities. 8.18.220 Excused performance. 8.18.230 Penalty for violation of chapter. 8.18.240 Civil remedies available. 8.18.150 Severability. "Sec. 8.18.010. Definitions. "Unless otherwise stated, words and terms are defined as follows: "(a) AMBULANCE. The term 'ambulance' means any vehicle specially constructed, modified or equipped, and used for the purpose of transporting sick, injured, convalescent, infirm or otherwise incapacitated persons and which is equipped with emergency signaling devices (such as red light and siren) or which is subject ~-c~ licenaiug by the California liighway Patrol as an ambulance. "(b) AMBULANCE SERVICE OPERATOR. The term 'ambulance service opera- tor' means any person who owns mr operatea one or more ambulances, either on an emergency or a ach-emergency basis. "(c) COUNCIL. The term 'Council' means the City Council of the City of Rancho Cucamonga. Ordinance No. 269 Page 2 "(d) CLASS OF SERVICE. The term 'Class of Service' means the level or levels of complexity of field emergency medical services and will be speci- fied as basic life support provided by certified Emergency Medical Technician (EMT-1A) personnel conforming to the provisions of the California Health and Safety Code, full advanced life support provided by Califormia licensed physician or by paramedics and mobile intensive care nurses certified under California Health and Safety Code. "(e) CITY. The term 'City' means the City of Rancho Cucamonga, Cali- fornia. "(f) CITY MAN~ER. The term 'City Manager' means the City Manager of the City of Rancho Cucamomga, or his designee. "(g) COUNTY. The term 'County' means the County of San Bernardino, California. "(h) COUNTY HEALTH OFFICER. The term 'County Health Officer' means that person designated as such by the County of San Bernardino. "(i) EMEI~GENCY CALL. The term 'Emergency Call' is a request for the dispatch of an ambulance to transport or provide other assistance for a person who apparently has a sudden or unforeseen need of emergency medical attention. "(j) EMERGENCY SERVICE. The term 'Emergency Service' means the func- tions performed in response to an emergency call and includes the provision of advanced life support. "(k) PATIENT. The term ~'t'atientf means a sick, injured, wounded, invalid, expectant mother, convalescent, or otherwise incapacitated person. "(1) PERSON. The term 'Person' includes aL1 natural persons, as well as any individual partmership, firm, corporation, association, governmental agency or other group or combination acting as a unit. "(m) BASIC LIFE SUPPORT (BLS) AMBULANCE. The term 'BLS Ambulance' means an ambulance which has equipment and supplies as required by the Califor- nia Administrative Code and any other local or state regulation applicable to the provision of Basic Life Support level of service. "(n) ADVANCED LIFE SUPPORT (ALS) AMBULANCE. The term 'ALS Ambulance' means an ambulance which has additional equipment and supplies as required by state or local law and the County Health Officer, applicable to the provision of Advanced Life Support level of service. "(o) MOBILE INTENSIVE CARE (MIC) PARAMEDIC. The term 'MIC Paramedic' means a person specially trained in the provision of emergency cardiac and noncardiac care and who holds a current EMT-P certificate. "(p) MOBILE INTl~SIVE CARE (MIC) NURSE. The term 'MIC Nurse' means a nurse who, bas been certified by- the County Health Officer as qualified in the prowisiom of. emergemcy cardiac and nqncardia¢ care a~d in the issuance of emer- gency instructions to MIC paramedics. "(q) PERMITTEE. The term .'permit~;ee', means amy person who possesses a current City permit to act as an ambulance service operator, including all employees, directors, officers and agents of permittee. "(r) CODE 3. The term 'Code 3' means the period when an Advanced Life Support ambulance is traveling to or from a patient pick-up point as a re- sult of an emergency call and during which said ambulance is using red lights and siren. Ordinance No. 269 Page 3 "(s) NON-EMERGENCY CALL. The term 'non-emergency call' means all re- quests for ambulance services which do not require a Code 3 response nor the provision of emergency services as of the time the call is made. '~ec. 8.18.020. Permits required. "It shall be unlawful for any person, either as owner, employee or otherwise, to operate an ambulance, or to engage in business as an ambulance service operator, upon the streets or any public way or place in the City ex- cept in conformance with a valid City permit to operate an ambulance service. I permit may be issued authorizing the provision of non-emergency services on- ly, or non-emergency and ~mergency service. "(a) EXCEPTIONS. The equipment and personnel standards specified in this chapter apply to all ambulance operators; however the lzcensing and permit requirements shall not apply to: "(1) Publicly owned ambulances; or, "(2) Vehicles operated as ambulances at the request of local authorities during any 'state or war emergency,' duly proclaimed 'state of emergency' or 'local emergency,' as defined in the California Emergency Ser- vices Act (Chapter 7 of Division 1 of Title 2 of the Government Code), as emended. "(3) Ambulances passing through the City, whzch neither or,ii- hate from the City nor arrive to a call within the City. "Sec. 8.18.030. Permit fees. '~ermit fees shall be those which are, from time to time, set by the Council. All permits shall be issued to expire on June 30 of each year. "Sec-. 8.18.040. Application for a permit or renewal of a permit. "(a) PROCEDURE AND INFORMATION REQUIRED. Prerequisites to the issu- ance of a permit or renewal of a permit for an applicant shall include the fil- ing with the City Manager of an application in writing on a form to be fur- nished by the City Manager, which shall provide the following minimum informa- tion: "(1) Name and description of applicant. "(2) Business address and residence address of any individual applicant. "(3) The name under which the ambulance service will do busi- ness. "(4) If a corporation, joint venture, partnership or limited partnership, the names of all partners, or the names of corporate officers, their residence addresses and their percentage of participation in the busi- "(5) If the applicant is applying for a permit to provide emer- gency service, a verification that the applicant is equipped to and will pro- vide ALS paremedic service at all times in the City. Ordinance No. 269 Page 4 "(6) ~xpress warranty from applicant in all applicatxons that the applicant owns or has under his control required equipment to adequately conduct an ambulance service in the City, which meets the requirements estab- lished by the California Vehicle Code, and that the applicant owns or has ac- cess to suitable and safe facilities for maintaining his ambulance service in a clean and sanitary condition. If applying for initial or renewed permit to provide emergency services, both initial and renewal applications must contain a statement that the applicant viii ~aintain (station) at least one AL~ equipped ambulance within the geographical boundaries of the City. Ydi~ional- ly, the applicant must establish to the reasonable satisfaction of the City lianager that the applicant has adequate capability to 'back up' or augment such ALS equipped ambulance if it is not i~mediately available to respond to a call therefor. "'(7) A complete description of each ambulance to be operated by the applicant, including a list of the internal equipment carried by each ambu- lance, the patient capacity thereof, and a copy of the applicant's current Am- bulance Inspection Report issued by the California Highway Patrol for each ve- hicle. "(8) A statement by the applicant warranting that each permitted ambulance and its appurtenances conform to all applicable provisions of this Chapter, the California Yehicle Code, the California Administrative Code and ali other State, County or City applicable rules or regulations. "(9) If the applicant is applying for a permit to provide emer- gency service, a statement that the applicant employs sufficient personnel adequately trained and available to deliver emergency ALS paramedic ambulance 'services of good quality at all times in the City. "(10) A description of the level of training for each ambulance employee and a copy of each current certificate or license, including drivers license, issued by the State and County establishing qualifications of such personnel to be employed in ambulance operations. "(11) A statement, in an initial application, that shows to the satisfaction of the City Manager that the issuance of a permit is in the public interest and there is a need for a permit to be issued, in that there is a re- quirement for ~mbulance service which can be provided by the applicant. "(12) A statement si~ned by the applicant that as a condition of the City issuing a permit, applicant agrees to appear and defend all actions against the City arising out of the exercise of sazd permit, and shall indemni- fy and save the City, its officers and employees and agents harmless fro~ any and all claims, demands, actions, or causes of actions of every kind and de- scription resulting directly or indirectly, arising out of, or in any way con- nected with the exercise of this permit. "(13) A schedule of rates proposed to be charged by the applz- cant. '(14) l/bother applicant is seeking a permit to provzde advanced life support (emergency) or basic life support (non-emergency) level of ser- vice, or both. "Sec. 8.18.050. Investigation by City Hanager. '~pon receipt of a completed initial (non-renewal) application, the City Manager shall conduct an investigation to determine if the applicant meets ali requirements of this Chapter. Upon completion of his investigation, the City Manager shall recommend to the Council that a permit be granted or denied. The determination of the Council shall be made after a duly noticed public hearing upon the qualifications of the applicant. Ordinance No. 269 Page 5 '~ec. 81.18.060. Issuance or Denial of Permit. "(a) The City Council shall order the issuance of a new permit to conduct an ambulance service in the City upon finding that the applzcant meets all requirements of this Chapter. "(b) The Council may deny a new or renewed permit if it finds any of the following conditions to be true: "(1) That the application does not contain the information re- quired by the provisions of this Chapter; or "(2) That the vehicles described in the apphcatlon or inade- quate or unsafe for the purpose for which they are to be used; or "(3) That the color scheme, name, monogram, or insignia to be used upon such vehicles is in conflict with or initiates any color scheme, name, monogram, or insignia used by any person so as to be misleading or tending to mislead or misrepresent material facts. "(4) That there is insufficient need for such additional ambu- lance service within the City, provided that the sole fact there there is au existing provider or providers shall not constitute sufficient proof that the condition exists; or" "(5) That applicant or the proposed ambulance operation does not satisfactorily meet all requirements set forth in this Chapter. "(c) The Council may deny a permit if the applicant or any partner, officer or director thereof: "(I) Was previously the holder of any ambulance permit which permit was revoked or suspended; or "(2) Has, within the preceding five (5) years committed any act, which, if committed by any permittee, would be grounds for the suspensiou or revocation of a permit issued pursuant to this Chapter; or "(3) Has committed any act involving dishonesty, fraud, or de- ceit whereby another is injured or where the applicant has benefitted; or "(4) Has acted as an ambulance service operator in any City without possessing a required permit therefor; or "(5) Has aided or abetted any person in violating any provision of this Chapter or any other ambulance ordinance; or "(6) Has made any material misstatement of fact upon any appl~- cation, or during the course of any investigation, required or permitted by this Chapter. "(d) BO~IDI_NG OF APPLICANT. B~fore any psi'mit is issued under the provisions of this Chapter, the Council may require the applicant as a condi- tion to the issuance of the permit to post vzth the City Clerk a cash bona in the sum of Twenty Five Thousand Dollars ($25,000.00) or a surety bond in the same amount furnished by a corporation authorized to do business in the State of California, payable to the City. The bond shall be conditioned upon the full and faithful performance by the permittee of his obligations under the ap- plicable provisions of this Chapter and shall be kept in full force and effect by the permittee throughout the life of the permit and all renewals thereof. Ordinance No. 269 Page 6 "(e) As a condition of issuance of a permit to operate au ambulance under this Chapter, permittee shall hold harmless, indemnify and defend the City, its elected officials, officers and employees from any and all claxms and lawsuits for damage to persons or property arising out of or in any way con- nected with permittee's ambulance operations or operations of permittee' officers, employees and agents with respect to the provision of embulance ser- vices, to the maximum extent provided by law. "(f) LIABILITY INSURAI~CE. The permittee shall obtain and keep in force during the term of said permit public liability insurance issued by a company authorized to do business in the State of California, insuring the am- bulance service operator and his/her employees, and also namxng the City, its elected officials, officers and employees as additional insureds of such pol- icy, against loss by reason of injury or damages to persons or property arising from the operation or defective construction of such ambulance, or from viola- tion of this Chapter or of any other law of the State of California or f the United States. Said policy shall contain provisions, to the extent said insurer is willing to provide, waiving insurer's right of subrogation, making all policies primary and non-contributing, and said policy shall be in the sum of not less than Four ~illion Dollars ($4,000,000.00) for personal injury to or death of any one person in any single accident; and the limits of each such policy shall not be less than Four Nillion Dollars ($4,000,000.00) for damages to or destruction of property in any one accident. Workers' Compensation in- surance shall be carried covering all employees of the permittee. Copies of the policies or certificates evidencing such policies shall be filed with the City Clerk prior to the effective date of any permit issued hereunder. All policies shall contain a provision requiring thirty (30) days notice to be giv- en to the City Clerk prior to cancellation, modification or reduction of 'limits, of any policies required herein. "Sec. 8.18.070. Content of permit. 'The permit shall specify the dates of issuance and of expiration, the license number or vehicle identification number of each ambulance authorized thereunder, number of ambulance vehicles to be used by the permittee, plus any special conditions imposed aa a condition precedent to the issuance of such permit by the City Council. '~ec. 8.18.080. Amendment of permits. 'Upon request by the permittee, the City Manager may amend the condi- tions specified in a permit if he finds such requested changes to be in sub- stantial compliance with the provisions of this Chapter. Such amendment shall not affect the expiration date of the existing permit, or shall it authorize a change in ownership from that specified in the original permit. '~ec. 8.18.090. Renewal of permits. "(a) Permits may be renewed annually by the City Manager upon appl~- cation of the permittee made at least sixty (60) days prior to expiration of the current permit, if the permit holder proposes no substantial change in the nature of service to be rendered, if the City Manager determines that the per- mit holder has, during the period of the expiring permit, operated in conformity with the provisions of this Chapter and the rules and regulations of the City, that he is capable of continuing operation in con/ormity with the rules and regulations of the City, and that all facts contained in the orzginal and renewal application are still true. Ordinance No. 269 Page 7 "(b) Unless good cause can be shown by the permittee, it shall be a valid basis for non-renewal of a permit if the permittee has not, during the preceding permit period, had a Code 3 response time in at least 95Z of its emergency calls of ten (10) minutes or less. Said response time bexng measured from the time the permittee is given the request until the permittee's ambu- lance actually arrived at the location for which the service was requested. Calls which commence as emergency calls but which are converted to non-emergency calls during the provisions of service shall not be included in the calculation specified in this Section 8.18.090(b). '~ec. 8.18.100. Suspension and revocation of permits. 'The City Manager shall be empowered to and may suspend or revoke any permit issued under the provisions of this Chapter when it has been found after investigation that the permittee has become insolvent, or the permittee or any partner, officer, director, or employee of permit holder: "(a) Has violated any section of this Chapter or any rules or regulations that are promulgated by the City which relate to the permit activi- ties; or "(b) Ess been convicted of any offense relating to the use, sale, possession, or transportation of narcotics or habit forming drugs; or "(c) Has committed any act involving dishonesty, fraud, or de- ceit whereby another is injured, or the permittee has benefitted; or "(d) [las misrepresented a material fact in obtaining a permit, or is not longer adhering to the conditions imposed by this Chapter or by the City Council; or "(e) ESs aided or abetted any person in violating the provisions of this Chapter or any law relating to the activities permitted hereunder; or "(f) ESs failed to make or keep any records or logs as required herein, or has failed to have such records available for inspection by the City Manager or his duly authorized representative for a period of not less than three years after completion of any activity to which the records refer. "(g) ESs accepted an emergency call when applicant knows or should have known that he is unable to provide the requested service, or when applicant has accepted an emergency call and fails to inform and obtaln consent from the person requesting such service of any delay before causing an ambu- lance to respond from a location so distant as to cause a response time greater than ten (10) minutes. "(h) If holding a permit authorizing emergency service and with- out prior approval by City, has failed to provide an ambulance, complete with appropriate personnel, within the City, capable and authorized to provzde ad- vanced life support level of service, for a continuous period exceeding twen- ty-four (24) consecutive hours. "(i) Fails to notify the Foothill Protection District Dispatch Center of a request or need for emergency ambulance service, as hereinafter re- quired, within the City. "(j) Operates an ambulance denoted as a paramedic unit by wording or lettering on the unit without qualified MIC personnel and equipment in the vehicle. "(k) Has or has attempted to assign, transfer or sell any inter- est in ownership without complying with all conditions set forth in this Chap- ter. Ordinance No. 269 Page 8 "(1) During any validation period of not less than thirty (30) days, has failed to respond to 95~ of Code 3 calls within ten (10) minutes or less. "(m) Has had during the effective period of the permit granted hereunder, any license or permit to operate an ambulance in any City, County or State suspended or revoked. "Sec. 8.18.110. Suspension, conditional operation, and temporary var- iance. "(a) At least thirty (30) days prior to any sale, transfer or change in ownership interest of any kind or nature, any interruption of service, or any change in staffing or equipment of the permitted ambulance service, the permittee shall notify the City Manager immediately in writing, stating the facts of such change. Failure to obtain approval of City Manager prior to such changes or interruption shall be grounds for immediate permit revocation. "(b) Upon request by the permittee, the City Manager may grant a tem- porary variance in writing from the conditions specified in the original permit if he finds that such change is in substantial compliance with the provisions of this Ordinance, he may deny permittee's request. In all cases when a change of ownership is planned, an application for a new permit shall be filed thirty (30) days prior thereto. The application must contain all information required in this Chapter with respect to new permits, and said application must be ap- proved prior to the effective date of any such change of ownership. Failure to obtain prior approval shall be grounds for revocation of any permits previously issued hereunder. "Sec-. 8.18.120. Appeal procedure. "If the application for renewal of a permit is denied by the City Man- ager or if the City Manager suspends or revokes a permit, the permittee shall be given written notice specifying not only the action taken, but in the event of a suspension or revocation, the effective date thereof, which shall be not less than fifteen (15) days after the date of said notice, except as otherwise provided herein. Such notification shall be by registered or certified mall. "(a) Within ten (10) calendar days after the date of such notifica- tion, the permittee may request a hearing before the City Manager. Such re- quest must be iu writing to the City Clerk. If such request is timely made, the effective date of any denial, suspension or revocation shall be extended until fifteen (15) days following the City Manager's action upon said request. The City Manager may, after such hearing, affirm, modify, or set aside the original decision. If no timely appeal is received, the City Manager's deci- sion shall be final. "(b) If, after the hearing provided for above, the City Manager denies renewal, suspends or revokes a permit, the permittee shall have the right to demand a hearing by the Council. A request for a hearing shall be made in writing to the City Clerk within fifteen (15) calendar days following the denial, suspension, or revocation of the permit. Upon receipt of a written request, the City Clerk shall set the matter for hearing on a date not more than sixty (60) days following receipt of the written request and give notice to the appellant, the City Manager, and any other interested persons who may present evidence, relevant to the decision of the City Manager. Within thirty (30) days following the conclusion of the hearing, the Council shall make findings and issue its order modifying, affirming or denying the action of the City Manager. If no timely appeal to the Council is received the City Manag- er's decision shall be final. Ordinance No. 269 Page 9 "(c) Except as otherwise herein provided, during the time available to request an appeal, and at all times prior to the rendering of a final judg- ment, the effect of such non-renewal, suspension or revocation shall be stayed. The decision of the City Council shall be final. "(d) No~withstanding any other provisions herein contained to the contrary, the City Hanager shall be empowered to effect an immediate suspension of a permit, pending hearing, without delaying the effective date thereof if he first finds the continued conduct of such permittee constitutes a danger to the public health, safety or welfare. "(e) Any permittee whose permit has been suspended under the provi- sions of paragraph (d), above, shall have a hearing scheduled before the City Manager within five (5) working days of such suspension. An aggrieved permittee may appeal the City Manager's decision as provided in Section 8.18.120(b). However, the suspension shall not be stayed during such appeal procedures. "Sec. 8.18.130. Emergency service reouirement~. "Each emergency service permittee shall provide advanced life support (paramedic) ambulance service on a continuous twenty-four (24) hours per day basis during the entire term of the permit. "Sec. 8.18.140. Conformance with hermit reouir~m~nts. "No ambulance operator shall provide ambulance service for ambulance calls originating within the City unless he shall first have obtained a valid City permit in accordance with this Chapter. "Sec. 8.18.150. Standards for dlsnatch. "~ach emergency ambulance service receiving an emergency request shall dispatch an ambulance in compliance with all City procedures and procedures re- quired by all applicable state and county codes. If an ambulance is not avail- able for immediate dispatch, the procedures required by all applicable state laws, including the California Administrative Code, and any applicable county codes shall be followed. "(a) The Foothill Fire Protection District Dispatch Center shall be immediately notified by permittee of any emergency ambulance request or need. "(b) All emergency service ambulance operators shall maintain a log for a period of three (3) years containing all dispatch and arrival times and locations, the nature of the medical emergency, the total amount charged and the name of the recipient of such services, all mede under penalty of per- jury and available for inspection by City representatives during office hours. "Ail non-emergency ambulance operators shall maintain a similar log, except that dispatch and response times shall not be required to be re- corded. "(c) No ambulance shall be dispatched without having first re- ceived a legitimate request for such services. "Sec 8.18.160. Ambulance safe~v and emergency eaulnment reauiremen~. "Ambulances shall be maintained at all times in good mechanical re- pair, in a clean and sanitary condition, and. in full compliance with all appli- cable local and state laws. Ordinance No. 269 Page 10 "(a) MINIHUM EQUIPM~ItT. All ambulances shall be equipped with t~eo-way radios and all other safe~-y and emergency equipment required for ambulances by the California Vehicle Code and the California Adednistrative Code, administrative rules of the County Health Officer as the same are nov written, or hereafter amended, and any other rules or regulations applicable to ambulance services. "(b) EI/ERGE1/CY (ALS) ANBULAltCE EQUIPNENT. In addition to the regular ambulance equipment and supplies, all ALS ambulances shall also be equipped as required under the administrative ruies of the County Health Offi- cer, and as required by any other applicable state or local regulations. "(c) HAINT~I~AI~CE OF ENERG~I~CY EQUIPHEI~T AI~D SUPPLIES. Dressings, bandaging, instruments and other medical supplies used for care and treatment of patients viii be protected so they are sterile when ready for use. · "Sec. 8.18.170. Ambulance nersonnel. "Every person who drives an ambulance within the City, while respond- ing to calls, shall comply with all applicable requirements of state law, in- cluding, those requirements set forth in the California Administrative Code for ambulance drivers. The driver of an ambulance shall be trained and competent in the proper use of all equipment required by this Chapter or other applicable law. The driver shall also hold a certificate of at least an ENT-IA unless the ambulance service operator has been specifically exempted from this requirement by the Council. The driver shall hold a valid California drivers license which authorizes driver to drive an ambulance. "(a) ANBULAItCE ATT~ItDAIIT. All ambulance attendants shall be trained and competent in the proper use of all equipment required by this Chapter, or by other applicable lay, and shall hold the required certification of at least an ENT-IA. If the vehicle is being used as an emergency service (ALS) ambu- lance, at least one attendant shall hold a current certificate as an NIC para- medic (E I/T-P). "(b) ATT~IIDA~T REQUIR~I). Each ambulance being operated within the City, in response to an emergency call, shall be staffed by both a driver and NIC Paramedic. The NIC Paramedic of an ambulance responding to an emergency call shall occupy the patient compartment while transporting any person in ap- parent need of medical attention. In non-emergency calls, the attendant must hold, at mini,~,m, a current EMT-IA certificate. "An ambulance driver or ambulance attendant who is a California li- censed physician of an NIC nurse currently certified, shall be exempt from the emergency medical training requirement of this section. "This section shall not apply during any 'state of emergency' or 'local emergency' as defined in the Government Code of the State of California. "Sec 8.18.180. Contlnua~ion of call. "An ambulance based and properly licensed outside the City but not li- censed by the City shall be authorized to transport a patient to or through the City, but shall not be authorized to transport patients originating in the City, except in emergency situations when no other licensed emergency service provider is reasonably available. In the discretion of the requesting agency, and subject to subsequent review by City, a non-City licensed ambulance may be utilized in life and death situations when no licensed provider is reasonably available. Ordinance No. 269 Page 11 '~ec. 8.18.190. F~ergency and disaster operations. '~uring any 'state of war emergency,' 'state of emergency,' or 'local emergency' as defined in the California Emergency Services Act (Chapter 7 of Division 1 of Title 2 of the Government Code), as amended, each ambulance ser- vice operator shall provide equipment, facilities, and personnel as required by the City Manager. "Sec.-8.18.200. User complaint procedures. "Any user or subscriber to an a~bulance service contending that he has been required to pay an excessive charge for service or that he has received unsatisfactory services may file a written complaint with the City Manager set- ting forth such allegations. The City Manager shall notify the affected permittee of such complaint, and shall investigate the matter to determine the validity of the complaint. If the complaint is determined to be valid, the City Manager shall take a reasonable and proper action to secure compliance with the conditions of this Chapter. "Sec. 8.18.210. Enforcement responsibilities. "(a) The City Manager shall make all necessary and reasonable rules and regulations, subject to the approval of the Council, pertaining to ambulances, ambulance service operations, equipment, ambulance personnel, reasonably necessary for the effective and reasonable administration of this Chapter. "(b) The City Manager, during office hours or otherwise upon reason- able notice, shall be authorized by permittee to inspect the records, facili- ties, vehicles, equipment and methods of operation whenever such inspections are deemed necessary. '~ec.' 8';18~220~- Excused performancP. '~o operator shall be deemed to be in violation of its permit if it shall fail to provide, either in whole or in part, the services otherwise re- quired, without fault of permittee, if such performance is prevented by any of the following: "(a) Acts of God; "(b) Labor strikes or disputes; "(c) Intervention of any government body; or "(d) Any force reasonably beyond the control of the operator. '~ec; 81.18.230. Penalty for violation of chapter. "It shall be unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this Chapter. Any person, firm, partnership, or corporation violating any pro- vision of this Chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisoament not exceeding six (6) months, or by both such find and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any viola- tion of any of the provisions of this Chapter is committed, continued or per- mitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this Chapter. Ordinance No. 269 Page 12 "Sec-.' 8.18.2~0;- Civil remedies available. 'The violation of any of the provisions of this Chapter shall consti- tute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. '~ec. 8'.t8.250. Severability. "The City Council hereby declares that should any provision, section, paragraph, sentence, or word of this Chapter be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Chapter shall remain in full force and effect." St/CTIOIq 2: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 7th day of August, 1985. AYES: Buquet, Mikels, Dahl, ~ing NOES: Wright ABSENT: None ATTEST: Beverly ~.-~uthelet, City Clerk I, BEVERLY A. AUIItELET, CITY CLER~ of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at an adjourned meeting of the Council of the City of Rancho Cucamonga held on the 31st day of July, 1985, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 7th day of August, 1985. Executed this 8th day of August, 1985 at Rancho Cucamonga, California. Beverly A/. Authelet, City Clerk