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HomeMy WebLinkAboutOrdinance 97- 1436, Adds Ch. 5.70, emergency medical services ORDINANCE NO. 1436 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING A NEW CHAPTER TO BE NUMBERED AS CHAPTER 5.70; ESTABLISHING REQUIREMENT FOR A CITY LICENSE TO PROVIDE EMERGENCY MEDICAL SERVICES WITHIN THE CITY AND ESTABLISHING STANDARDS AND PROCEDURES FOR THE ISSUANCE OF SUCH LICENSES. . BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that Section 1 The Bozeman Municipal Code be amended by adding a new chapter to be numbered Chapter 5.70, to read as follows: "Chapter 5.70 Emergency Medical Services Section 5.70.010 Definitions For purpose of this chapter, the following terms and words shall be the meanings set forth in this section, unless the context requires otherwise: A. "Ambulance" means a privately or publicly owned motor vehicle . or aircraft that is maintained and used for transportation of patients. B. "City" means the City of Bozeman, Montana. C. "Emergency medical service" means a pre-hospital or inter-hospital emergency medical transportation or treatment service provided by an ambulance or non-transporting medical unit. D. "Patient" means an individual who is sick, injured, wounded or otherwise incapacitated or helpless. The term does not include a person who is nonambulatory and who needs transportation assistance solely because that person is confined to a wheelchair as the person's usual mode of mobility. E. "Person" means an individual, firm, partnership, association, . corporation, company, group of individuals acting together for a common purpose or any other organization of any kind. Section 5.70.020 License Required A. A person may not conduct or operate an emergency medical service within the corporate limits of the city without first obtaining a license from the City and otherwise complying with the requirements of this chapter. B. Applications for a license must be made in writing to the City's Department of Finance on forms specified by the Department. . C. Each license must be issued for a specific term which shall be concurrent with the term for which the applicant is licensed by the Montana Department of Health and Environmental Sciences pursuant to the provisions of Title 50, Chapter 6, Part 1, Montana Code Annotated. Renewal may be obtained by demonstrating renewal of the required license by the Department of Health and Environmental Sciences and compliance with the requirements of this chapter. D. There must be paid to the City, with each application for a license or for renewal of a license, a license fee of Five Hundred and No/100 Dollars ($500.00). E. The license is not transferable. F. The license in non-exclusive. . Section 5.70.030 Criteria For License Any person desiring to obtain the license required by this section shall demonstrate the ability to meet the following requirements: A. The applicant must possess a current license from the Montana Department of Health and Environmental Services to provide emergency medical services, both transport and treatment services, at the advanced life support level. B. The applicant must provide emergency medical services at the advance life support level throughout the city, twenty-four (24) hours per day, seven (7) days per week. C. The applicant must have adequate personnel, vehicles, equipment and . facilities to respond at the advance life support level to emergency calls to all locations within the corporate limits of the city within eight (8) minutes or less on at least ninety percent (90%) of such calls. Ambulance response time to an emergency request shall be calculated as the actual elapsed time in minutes and seconds from the moment the call is received by the applicant to the moment the first capable unit arrives at the scene of the incident. Where multiple ambulances - 2 - --". - -. -.. - -----.. ----.. -------- are dispatched to the same emergency incident, only the response time of the first ambulance to arrive at the scene shall be counted. D. The applicant must have a commercial general liability policy, in a form acceptable to the city, insuring the applicant for not less than the sum of ten million dollars, per occurrence, for bodily injury or death and ten million dollars, per . occurrence, for loss or damage to property. Said policy shall name the City as an additional named insured. The applicant must furnish proof of such insurance coverage prior to issuance of the license. E. The applicant must provide a performance bond, running to the City, in the amount of $250,000.00, conditioned upon applicant's full compliance with all provisions of this chapter during the entire period that applicant is licensed by the City. Failure to remain in compliance with all requirements of this section for the full license period, without a written variance from the City, may result in cancellation of the license and, at the City's sole option, forfeiture of the performance bond to the City. F. The applicant must comply with all rules and regulations governing . emergency medical services and emergency medical technicians as promulgated by the Montana Department of Health and Environmental Sciences and the Board of Medical Examiners as contained in the Administrative Rules of Montana. 5.70.040 Exemptions Applicant shall be exempt from the response time and performance requirements of Section 5.70.030, only as follows: A. Weather Conditions. In the event of an onset of such inclement weather that the City Fire Chief or designee, in his/her sole discretion, believes that the threat to system wide patient care outweighs the threat to the individual patient . care from a delayed response time, the City Fire Chief may declare a weather emergency, thus suspending response time requirements. A weather emergency will be declared only in times of unusually hazardous driving conditions. B. System Overload. During periods of unusual system overload, which shall mean that at least two (2) emergency response are occurring simultaneously within the incorporated city limits, applicant shall be exempt from the requirements of this - 3 - -------- ------ ------ chapter and shall use "best efforts" to maintain coverage and performance throughout the incorporated city limits. C. Declared Disaster. During a declared disaster either within the incorporated city limits or in a neighboring community, and confirmed by the City Fire Chief, applicant shall be exempt from the requirements of this chapter and shall use "best . efforts" to maintain coverage and performance throughout the incorporated city limits. 5.70.050 Cancellation of License The City may cancel a license if it finds that the licensee has: A. Violated any provision of this chapter or of the rules promulgated by the Montana Department of Health and Environmental Sciences or the Board of Medical Examiners, as contained in the Administrative Rules of Montana. B. Failed or refused to remedy or correct the violation within the time and in the manner directed by the City. . 5.70.060 Notice and Hearing Required The City shall not deny or cancel a license without: A. Delivery to the applicant or licensee of a written statement of the grounds for denial or cancellation or the charge involved. B. An opportunity to answer at a hearing before the City Commission to show cause, if any, why the license should not be denied or cancelled. After receipt of written notice of grounds for denial or cancellation or charges, any applicant or licensee desiring a hearing before the City Commission must make written application within ten (10) days. . 5.70.070 Existing Services Any person providing emergency medical services within the city as of the effective date of this chapter shall have a period of one hundred twenty (120) days to meet the requirements and obtain the license required by this chapter. - 4 - ......--- 5.70.080 Exemptions The provisions and requirements of this chapter shall not apply to: A. The Fire Department of the City. B. Any person providing emergency medical services outside the city who, in the course of providing such services, transports a patient from outside the city into . or through the city. C. Any person providing emergency medical services within the city who is providing such services at the request of the City pursuant to a written mutual aid agreement between the City and the person. 5.70.090 Penalty In addition to all other penalties provided in this chapter, any persons violating the provisions of this chapter shall, upon conviction thereof, be punished as provided in Section 1.16.010. Each day such violation continues or occurs shall be considered a separate offense. " Section 2 . Effective Date. This ordinance shall be in full force and effect thirty (30) days after second reading and final adoption, as provided by law. Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 3 Severability. If any provisions of this ordinance or the application thereof to any person or . circumstances is held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provision or application and, to this end, the provisions of this ordinance are declared to be severable. Section 4 Savings Provision. This ordinance does not affect the rights or duties that matured, penalties and - 5 - assessments that were incurred or proceedings that begun before the effective date of this ordinance. PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session thereof held on the 6th day of January 1997. · ( ~0>1 L /3~ DON E. STUECK, Mayor ATTEST: ~/~~ R BIN L. SULLIVAN Clerk of the Commission PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, on second reading at a regular session thereof held on the 21st day of January 1997. . (~fA~ DON E. STUECK, Mayor ATTEST: Gffi2~ ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: ~# PAUL J. E . City Att mey . - 6 -