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HomeMy WebLinkAboutNS-2041 - Adding Article IV to Chapter 14 of the Santa Ana Municipal Code and Amending and Repealing Various Sections of Chapter 32REL:mb(35) 1/10/89 Rev. 7/27/89 ORDINANCE NO. NS- 204] AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE IV TO CHAPTER 14 OF THE SANTA ANA MUNICIPAL CODE AND AMENDING AND REPEALING VARIOUS SECTIONS OF CHAPTER 32 OF SAID CODE, TO REVISE THE REGULATION OF AMBULANCE SERVICES. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1.' That the title of Chapter 14 of the Santa Ana Municipal Code is hereby amended to read as follows: Chapter 14 FIRE PROTECTION AND PREVENTION AND EMERGENCY SERVICES SECTION 2: That Chapter 14 of the Santa Ana Municipal Code is hereby amended by adding an article, to be numbered IV thereto, consisting of sections numbered 14-101 through 14-116, which said article reads as follows: ARTICLE IV. AMBULANCE SERVICES Sec. 14-101. Intent. It is the intent of this Article to establish opera- ting procedures and standards for medical transportation services operating within the City of Santa Ana in both emergency and other situations, and to provide a fair and impartial means of allowing responsible private operators to provide such services in the public interest. This article is modelled on the requirements for the operation of ambulances in the unincorporated areas of the County of Orange as set forth in Division 9 of Title 4 of the Codi- fied Ordinances of the County of Orange, and is intended to serve as the basis for the enforcement of ambulance licensing requirements within the City of Santa Ana by County personnel pursuant to contract between the City and the County. 362 ORDINANCE NO. NS- 2041 PAGE TWO Sec. 14-102. Definitions. For purposes of this Division, the following terms are defined as follows: (a) Advanced life support service and basic life support service mean the same as defined in the California Health and Safety Code. (b) Ambulance means a motor vehicle, helicopter, or similar vehicle, specifically constructed, modified, equipped, or arranged and operated for the purpose of trans- porting patients requiring immediate or ongoing medical services excluding the transportation of such persons to or from locations not providing services as defined in this Division. (c) Ambulance service means the activity, business or service, for hire, profit, or otherwise, of transporting one or more persons by ambulance; provided, however, ambu- lance service shall not include the transportation by ambulance by an employer of his or her own employees in an ambulance owned and operated by the employer solely for this purpose. (d) Ambulance service operator means any person who operates or owns an ambulance service. (e) Attendant means a trained, qualified individual who, regardless of whether he or she also serves as driver, is responsible for the care of patients. (f) City means the City of Santa Ana, California. (g) County means the County of Orange, State of Cali- fornia. (h) County - City Agreement means an agreement between the County and the City by which the County undertakes to perform the licensing and regulation of ambulance services within the corporate limits of the City. (i) Department means, during all times when a County - City Agreement is in effect, that unit of County government which has the responsibility for the licensing of ambulance ORDINANCE NO. NS-204! PAGE THREE services pursuant to the ordinances of the County. At time when a County - City Agreement is not in effect, Department means the Fire Department of the City. any (j) Dispatcher means an individual employed by an ambulance service operator responsible for sending an ambu- lance to provide ambulance service to a patient. (k) Driver means an attendant who drives or pilots an ambulance. (1) Emergency means a sudden, unforeseen event giving rise to a need for ambulance service with basic or advanced life support services. (m) Emergency service means ambulance service per- formed in response to an emergency. (n) Licensee means an ambulance service operator which has been granted a license under this Division to provide ambulance service. (o) Licensing Officer means, during all times when a County - City Agreement is in effect, that officer or em- ployee of the County who has the responsibility for the licensing of ambulance services pursuant to the ordinances of the County or to designation by the Board of Supervisors of the County. At any time when a County - City Agreement is not in effect, Licensing Officer means the Fire Chief of the City. (p) Medical services means services provided by health care professionals licensed pursuant to the California Busi- ness and Professions Code or as specified by regulations adopted pursuant to this Division. (q) Paramedic means the same as defined in the Cali- fornia Health and Safety Code. (r) Patient means a wounded, injured, sick, invalid, or otherwise incapacitated person. (s) Person means any individual, firm, corporation, partnership, association, or other group or combination acting as a unit. 364 ORDINANCE NO. NS- 2041 PAGE FOUR (t) Physician means a medical doctor or osteopath holding the appropriate license or certificate to practice as such with the State of California pursuant to the Busi- ness and Professions Code. (u) Public safety agency means any public law enforce- ment, fire protection agency, or forest ranger operating in the City. Sec. 14-103. License Required. (a) It shall be unlawful for any person to be an ambulance service operator, or to act in such a capacity either directly or indirectly, without possession of a license issued pursuant to this Article. A license shall be valid for not more than one calendar year or the expir- ation of the calendar year in which it was issued, which- ever is shorter. (b) The provision of this Division shall not apply to: (1) Ambulances operated at the request of a public safety agency during any "state of war emer- gency," "state of emergency" or "local emergency," as defined in the Government Code. (2) Ambulance service transporting a patient from a location outside of the City regardless of desti- nation. (3) Ambulance service transporting a patient by a fixed-wing airplane. Sec. 14-104. Transfer of license. No license issued pursuant to this Article can be trans- ferred by operation of law or otherwise. The following shall be considered transfers for purposes of this section: (a) Any change in the business structure of a license, including, but not limited to, changes from or to: (1) A sole proprietorship; (2) A partnership, including any change in the partners; and 365 ORDINANCE NO. NS-2041 PAGE FIVE (3) A corporation, including any change in the shareholders, whether by operation of law or otherwise. (b) Bankruptcy, an assignment for the benefit of creditors, or the appointment of a receiver. (c) A sale or transfer of over ten (10) percent of the assets of a licensee. A licensee may apply to the Licensing Officer for an amendment to the terms of the license, which request shall be processed in the same manner as an original application. Notwithstanding anything in this section to the contrary, licenses may be suspended, revoked, or terminated prior to the expiration date, pursuant to the provisions of this Article. Sec. 14-105. Applications. (a) Each application for a license shall be accompa- nied by an application fee, if any, set as hereinafter pro- vided, and be made upon forms prescribed by the Licensing Officer. (b) Each applicant shall submit the following: (1) The names and addresses of the applicant(s) and the owner(s) of the ambulance(s) and the busi- ness and any interest therein; (2) The applicant's training and experience in the transportation and care of patients; (3) The names under which the applicant has en- gaged, does, or proposes to engage in ambulance service; (4) A description of each ambulance including the make, model, year of manufacture, vehicle identification number, current state license number, the length of time the vehicle has been in use, and the color scheme, insignia, name, mono- gram and other distinguishing characteristics of the vehicle, a description of the company's program for maintenance of the vehicle, and a description 366 ORDINANCE NO. NS- 2041 PAGE SIX of the vehicle's radio(s); (5) Proof that the applicant has obtained all licenses and permits required by State or local law or regulation for the type of ambulance ser- vice proposed, excluding only a license to provide the service for which application is made; (6) The names and qualifications of each atten- dant, driver, or dispatcher employed, or to be employed, in providing ambulance service; (7) Proof that the applicant possesses and main- tains currently valid California Highway Patrol inspection reports for each vehicle listed in the application; (8) A description of the company's training and orientation programs for attendants, drivers and dispatchers; (9) Evidence of such financial responsibility and insurance coverage as may be required by the Licen- sing Officer pursuant to regulations adopted in accordance with this Division; (10) Identification of the geographical area to be served by the applicant, if required by the Depart- ment; (11) As to new applications or transfers as speci- fied in Section 14-104, a fingerprint receipt for each principal of the applicant, issued by the Orange County Sheriff-Coroner or the Police Chief of the City indicating each principal of the appli- cant has undergone a complete criminal history check, followed by a report from the Orange County Sheriff-Coroner or the Police Chief of the City showing no conviction of crimes which would be violations of the provisions of Division 14-107(d) (2), (3), (4), (5), (6) or (7); (12) A list of all substations or offices where equipment and personnel are, or will be based, including hours of operation; and ORDINANCE NO. NS- 2041 PAGE SEVEN (13) A description of whether the service pro- posed by the applicant will include basic life support services or advanced life support service, and, if so: (i) The number of basic life support or advanced life support service units to be deployed on each shift; and (ii) The provisions, if any, for continuing education of attendants. (14) Such other information as the Licensing officer may require in regulations adopted pursuant to this Article. (c) Renewal applications shall be submitted in the same form and require the same materials, as original applications except the requirement of item (11) of subsection (b) of this section. (d) The fees referenced in subsection (a) of this sec- tion shall be the same as those charged by the County for the same activities undertaken by the County with regard to the licensing of ambulance services in the unincorporated areas of the County, except that at any time that a County City Agreement is not in effect, the City Council may, by resolution, establish fees differing from the County fees. Sec. 14-106. Investigations. Upon receipt of a completed application and the required fee, if any, the Licensing Officer shall make, or cause to be made, such investigation as the Licensing Officer deems necessary to determine if: (a) The applicant is a responsible and proper person to conduct, operate or engage in the provision of ambulance services; (b) The applicant meets the requirements of this Article and of other applicable laws, ordinances or regu- lations. 368 ORDINANCE NO. NS-2041 PAGE EIGHT Sec. 14-107. Issuance or denial of license. (a) The Licensing Officer shall issue a license to an applicant if the Licensing Officer, after completing any investigation required pursuant to this Article, determines all requirements of this Article have been met and the license fee, if any, has been paid. (b) In the event of denial, the applicant shall be informed in writing of the reasons therefor. (c) The licensee shall obtain and keep in force during the term of a license, comprehensive automobile liability insurance and professional liability insurance issued by a company authorized to do business in the State of California, acceptable to the Licensing Officer, insuring the owner against loss by reason of injury or damage that may result to persons or property from negligent operation or defective construction of such ambulance, or from violation of this Division or any other law of the State of California, or the United States. Said comprehensive automobile liability policy shall be in the sum of not less than $500,000 for combined single limit, bodily injury and property damage. Said professional liability insurance shall be in the sum of not less than $1,000,000 per person and $1,000,000 annual aggregate. Workers' compensation insurance shall be carried covering all employees of the license holder. Before the Licensing Officer shall issue a license, copies of the policies, or certificates evidencing such policies, shall be filed with the Licensing Officer. All policies shall contain a provision requiring a thirty (30) day notice to be given to the Department prior to cancellation, modification, or reduction in limits. The amount of comprehensive automobile liability insurance shall be subject to review and adjustment by the Licensing Officer pursuant to regulations adopted under this Article. In the use of helicopters the equivalent in- surance requirements shall apply. (d) Grounds for denial of a license application shall be: (1) Failure to meet the requirements of any provisions of this Article; (2) Violation by any principal of an applicant of Penal Code Section 290; 369 ORDINANCE NO. NS- 2041 PAGE NINE (3) Habitual or excessive use of narcotics or danger- ous drugs; (4) Conviction during the preceding seven (7) years of any crime relating to the use, sale, possession or transportation of narcotics, addictives or dangerous drugs; (5) Habitual or excessive use of intoxicating beverages; (6) Conviction during the preceding seven (7) years of any crime punishable as a felony in the State of Cali- fornia; (7) Conviction of any crime involving moral turpitude, including fraud or intentional dishonesty for personal gain. (e) In determining the effect of any criminal acts on the issuance or denial of a license, the Licensing Officer shall consider whether the criminal acts are related to the activities of an ambulance service and shall evaluate the rehabilitation of the persons involved. The Licensing Officer shall not consider crimes of which the applicant is, or was, accused but not convicted. Sec. 14-108. License Suspension or Revocation. (a) The Licensing Officer may suspend or revoke license for failure by the licensee to comply, and maintain compli- ance with, or for violation of, any applicable provisions, standards or requirements of State law or regulation, or this Article, or of any regulations promulgated hereunder. Suspension of a license is not a condition precedent to revo- cation of a license. (b) Before suspension or revocation, the Licensing Officer shall give written notice to the licensee. Said notice shall: (1) Specify the reasons for which the action is to be taken; (2) Set a hearing for not more than fifteen (15) days nor less than seven (7) days after the date of the notice; 370 ORDINANCE NO. NS- 2041 PAGE TEN (3) Specify the date, time and place of the hearing; and (4) Be served on the licensee either by delivery to its principal place of business or to its designated agent for service of such notices, if any. (c) If the licensee, subsequent to service of a sus- pension or revocation notice under this Section, remedies some or all of the conditions to which the notice refers, the Licensing Officer may rescind a suspension or revoca- tion at any time. (d) At the hearing, the Licensing Officer has the burden of proof and may present evidence as to why such action should be taken and to answer the evidence presented by the licensee. (e) The Licensing Officer may reduce the period of time for hearing under a suspension or revocation notice to no less than twenty-four (24) hours when the Licensing Officer makes written preliminary findings that such action is necessary to protect the public health, safety and wel- fare. When, as a result of such an emergency proceeding, a license is suspended or revoked, the licensee may request an additional hearing at which the licensee will have the burden of establishing renewed compliance justifying re- instatement of the license. Such additional hearing will be commenced within five (5) days of the licensee's request. The request for, and the scheduling of, an additional hear- ing shall not stay operation of the suspension or revocation order. (f) During all times when a County - City Agreement is in effect, the hearings referenced in this section shall be conducted and decisions shall be made on such hearings in accordance with the procedures established by the County for hearings on the revocation or suspension of the licenses of ambulance services operating in the unincorporated areas of the County. (g) During any time when a County - City Agreement is not in effect, hearings conducted pursuant to this section shall be conducted before the Fire Chief of the City or his designated representative, who shall issue a written decision within thirty days after the conclusion of the hearing. ORDINANCE NO. NS- 2041 PAGE ELEVEN Sec. 14-109. Appeals. (a) In the event of a denial, suspension, or revo- cation of a license during any time when a County - City Agreement is in effect, the applicant or licensee shall have the same right to appeal such denial, suspension, or revocation as is provided by the County to an applicant for, or licensee under, a license to operate an ambulance service in the unincorporated area of the County. (b) During any time during which a City - County Agree- ment is not in effect, a denial, suspension or revocation of a license may be appealed to the City Council of the City pursuant to Chapter 3 of the Santa Ana Municipal Code. Sec. 14-110. Notification. The licensee shall notify the Licensing Officer within twenty-four (24) hours after any change in ownership or management of the licensee, or any interruption of service of more than twenty-four (24) hours duration, or any substan- tial change in staffing or equipment. For purposes of this section, the term "substantial change" shall be as defined by regulation adopted pursuant to this Article. Sec. 14-111. Personnel standards. tasks ments (a) A licensee shall only employ personnel performing described in this Article who comply with the require- of this section. (b) Attendants shall be at least eighteen (18) years of age and trained and competent in the proper use of all equipment, and shall hold current "EMT lA" certification in compliance with all State laws, rules and regulations. Additionally, each attendant shall hold a license from the Licensing Officer indicating compliance with this section. Applications for such licenses shall be in a form required by the Licensing Officer and shall be accompanied by the fee, if any, established therefor. All applicants for licenses as an attendant shall be subject to the same criminal history review as required for principals of ambulance companies pur- suant to this Article no less than once every four years. Certificates may be denied, suspended, or revoked in the same form and fashion as that specified for ambulance service ORDINANCE NO. NS-2041 PAGE TWELVE licensees in this Article. Licenses shall be valid for two years from the date of issuance or certification as an Emergency Medical Technician-lA, whichever is less. Re- newal of a license shall be in the same fashion as issuance of a new license. (c) Each licensee shall have at least one dispatcher. Emergency ambulance service licensees shall have a dispatcher on a twenty-four (24) hour-per-day basis and shall adequately train the dispatcher to radio operation and protocols and to the emergency response area(s) served before said dispatcher begins dispatching emergency calls. For purposes of this Section, "adequate" training of a dispatcher shall be that which meets State standards, if any, or local requirements. As used herein "local requirements" means County requirements, except that during any time when a County - City Agreement is not in effect, the Fire Chief of the City may set local re- quirements which differ from those of the County. (d) Ambulance drivers shall, in addition to the require- ments of this Article for attendants, maintain an appropriate license issued by the California Department of Motor Vehicles and, if applicable, the Federal Aviation Administration. Sec. 14-112. Rates. During any period when a County-City Agreement is in effect, no licensee shall charge more than those rates approved by the Board of Supervisors of the County for emergency ambulance services. Sec. 14-113. Rules and Regulations. (a) Those rules and regulations of the County imple- menting the County Ordinances pertaining to the licensing and regulation of ambulance services, as such rules and regulations may be from time to time amended, except such portions thereof as pertain to emergency response areas, are hereby adopted by the City and shall apply to ambulance services operating in the City, except that during any period when a County - City Agreement is not in effect the Fire Chief of the City may revise or modify such rules and regulations as he determines is appropriate to implement this Article. (b) The Licensing Officer or his or her designee(s) may inspect the records, facilities, transportation units, equip- ment and method of operations of each licensee whenever necessary and, by the Licensing Officer, at least annually. 373 ORDINANCE NO. NS-2041 PAGE THIRTEEN Sec. 14-114. Complaints. The Department, any user, subscriber, public safety agency or consumer who believes, or has reason to believe, that he or another party has been required to pay an excessive charge for services, received inadequate services or services provided were not in compliance with the pro- vision of this Article, may file a written complaint with the Department setting forth such allegations. The Depart- ment shall notify the ambulance service operator of such complaint. The ambulance service operator shall file a written response within fifteen (15) calendar days after receipt of notification. Sec. 14-115. Variance. The Licensing Officer may grant variances from the terms of this Article if he finds such action is necessary to protect the public health, safety or welfare. Such variances may include the issuance of a temporary license. No variance shall exceed one hundred and eighty (180) days in duration. Sec. 14-1~ . Violation. violation of any provision of this Article by an ambu- lance service operator shall be a misdemeanor." Sec. 14-1~ . Emergency services system. The Fire Chief of the City is authorized to establish procedures to supplement the City paramedics with private ambulance service operators in providing emergency services. SECTION 3: That sections 32-1.1, 32-1.2, 32-1.3, and 32-2.20 of the Santa Ana Municipal Code are hereby repealed. SECTION 4: That section 32-1.17 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 32-1.17. Safety inspection sticker. "Safety inspection sticker" shall mean a sticker affixed to a vehicle for hire evidencing that it has been inspected by the Orange County Sheriff, Santa Ana Police Department, or 3?4 ORDINANCE NO. NS-2041 PAGE FOURTEEN the California Highway Patrol and found to be in safe operating condition. SECTION 5: That section 32-2 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 32-2. Permit applications--Filing. An application for a vehicle for hire permit for the operation of a taxicab business shall be filed with the chief of police, shall be verified under penalty of per- jury, shall be accompanied by a receipt from the director of finance showing the payment of a nonrefundable fee as established by resolution of the city council, and shall contain or be accompanied by the information and docu- mentation specified in sections 32-2.1 through 32-2.20. SECTION 6: That section 32-3 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 32-3. Insurance--Motor vehicle liability policy required. It shall be unlawful for any owner to drive or operate or cause or permit to be driven or operated, any vehicle for hire in the City of Santa Ana unless such owner shall have placed on file with the clerk of the council a motor vehicle liability insurance policy, covering each vehicle for hire issued by a solvent corporation holding a certifi- cate of authority to do insurance business in the State of California, which policy shall conform in all respects to the requirements of this chapter. SECTION 7: That section 32-3.2 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 32-3.2. Same--Compliance. Ail motor vehicle liability policies shall be subject to the approval of the city attorney in respect to any and all matters and if at any time, said motor vehicle liability policies are not sufficient for any cause, the city manager may require the owner of such vehicle for hire to immedi- ately cease all operations of business due to noncompliance. If said owner fails to replace said motor vehicle policies within ten (10) days with good and sufficient policies as 375 ORDINANCE NO. NS-2041 PAGE FIFTEEN aforesaid, then at the termination of said period the owner's permit issued hereunder shall be by such failure automatically suspended until such time as said require- ment is complied with, and the chief of police shall enforce such suspension. Such policy or policies of insurance shall be presented to the city attorney and approved by him as to form. SECTION 8: That section 32-3.3 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 32-3.3. Bond in lieu of liability policy. Subject to the approval of the city attorney and the city manager the owner of any vehicle for hire, operated under the provisions of this chapter, may file a bond of a responsible and solvent corporation authorized to issue such bonds under the laws of the State of Cali- fornia, containing the conditions and giving the protec- tion required in the vehicle for hire liability policy required by this chapter in lieu of either all or any part of the insurance coverage required. In the event of the visions of this section, chapter shall govern the owner filing it. filing of a bond under the pro- the applicable provisions of this furnishing of said bond and the SECTION 9: That section 32-4 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 32-4. License--Tax to be paid. It shall be unlawful for any owner to drive or operate or cause or permit to be driven or operated any vehicle for hire, on any street of the City of Santa Ana until he has complied with all provisions set forth in this chapter and has paid the business license tax for the current calendar year, as provided in Chapter 21 of this Code. The annual tax for a vehicle for hire shall be in the amount provided in Chapter 21 of this Code; provided that, when a business license tax has already been paid on a vehicle for hire and the vehicle is within the year replaced by another vehicle, the unexpired portion of the license tax paid on the vehicle so replaced shall be credited to the license tax payable for the substitute vehicle for hire. For the purposes hereof, 376 ORDINANCE NO. NS-2041 PAGE SIXTEEN the unexpired portion of the license tax paid on the vehicle for hire which has been replaced shall be that portion of the annual tax which is equal to one-twelfth (1/12) of said tax multiplied by the number of full months remaining during the current licensing year. Whenever a vehicle licensed as a vehicle for hire by the provisions of this chapter is replaced by another vehicle for hire, a transfer fee as established by resolution of the city council, in addition to the license tax, shall be paid by the owner of the vehicle. The previously issued vehicle permit or device shall be surrendered at the time the transfer is made. SECTION 10: That section 32-7 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 32-7. Affixing of vehicle permit and device evidencing permit. The director of finance or his designated agent shall, affix a vehicle permit to the vehicle for hire, in the lower left hand corner of the rear window, provided, however, that he shall not affix such permit to any vehicle which does not have an unexpired sticker affixed to it by the California Highway Patrol, Santa Ana Police or Orange County Sheriff, evidencing that the vehicle has passed a safety inspection. SECTION 11: That section 32-14 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 32-14. Employment of qualified drivers. Every holder of a vehicle for hire permit in the City of Santa Ana shall employ as drivers only persons who are physically, mentally and emotionally fit and able to perform such duties. It shall be the responsibility of the holder to select and employ drivers who are familiar with the street~ and addresses in the City of Santa Ana. No holder shall employ or retain in employment any person as a driver who violates laws governing morals, motor vehicle operations, or provisions of this chapter. It shall be a misdemeanor for any holder of a vehicle for hire permit in the City of Santa Ana to employ a driver who has not first been issued a driver's permit under the provisions of this chapter, and a violation of this provision 377 ORDINANCE NO. NS- 2041 PAGE SEVENTEEN shall be sufficient reason for revoking the permit of such holder. SECTION 12: That section 32-15 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 32-15. Records and reports--Required of holders. Every holder of a vehicle for hire permit issued under the provisions of this chapter shall establish, keep and maintain a system of records of such business and its opera- tions. Vehicle for hire permit holders shall maintain a log of complaints against such holder and shall enter the name, address and telephone number of the complainant and the substance of every complaint received by such holder. SECTION 13: That section 32-15.1 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 32-15.1. Same--Periodic examinations. Accurate records of receipts from operations, opera- ting and other expenses, capital expenditures and such other operating information as may be required by the director of finance shall be kept and maintained. Every holder of a permit shall maintain the records containing such information and other data required by this chapter at a place readily accessible for examination at all reasonable times by the director of finance or other authorized representatives of the City of Santa Ana having a legitimate and official inte- rest in the enforcement and administration of the provisions set forth in this chapter. SECTION 14: That section 32-15.3 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 32-15.3. Same--Annual reports. Every holder of a vehicle for hire permit shall submit to the director of finance upon request, receipts, expenses and statistics of each year of operation in accordance with uniform written directives prescribed by the director of finance, not later than the 20th day of the month next fol- lowing the close of such year's operation; provided, the director of finance may permit such reports to be made on the basis of the fiscal year operations, or if found more 378 ORDINANCE NO. NS- 2041 PAGE EIGHTEEN convenient by both the City and the holder, such reports may be on the basis of the calendar year of operations. SECTION 15: That section 32-15.4 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 32-15.4. Same--Equipment, employees and insurance policies. Every holder of a permit shall keep complete records of all automotive and other equipment, employees, includ- ing drivers, and records of insurance policies required by this chapter as well as a record of all claims made and judgments entered against such holder. SECTION 16: That section 32-15.5 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 32-15.5. Same--Daily trip sheets. Every driver of a vehicle for hire shall maintain a daily trip sheet. SECTION 17: That section 32-15.6 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 32-15.6. Same--Availability for examination. Ail records and reports, trip sheets, and other data prescribed to be maintained and kept under this chapter shall be preserved by the holder of the permit in a safe place for at least one year after date of the instrument, and all such records shall be available for examination and inspection at all reasonable times by the director of finance, and other authorized officials of the city. Each holder shall forthwith, at the request of the city manager or his delegate, provide any other information relevant to the operation and ownership of the holder, including, but not limited to, names, and addresses of all partners, shareholders, officers and directors, corporate papers and permits, minutes books, and lists of shareholders. 379 ORIDNANCE NO. NS- 2041 PAGE NINETEEN SECTION 18: That section 32-15.7 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 32-15.7. Same--Employment. Each holder of a vehicle for hire permit shall keep and maintain at all times a complete and accurate record of all drivers employed by him, which record shall show in detail the names, addresses, and dates of the beginning and termi- nation of employment of said drivers, each vehicle in which each such employee was working, and the hours during which each such driver attendant was on duty during each day or night of his employment, as well as a list of all days or nights on which each such employee was absent from his employ- ment. Such records shall be made available to the director of finance, chief of police, fire chief, or city manager, or their delegates, at any time upon demand, and shall not be destroyed without permission of such officials. SECTION 19: That section 32-16 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 32-16. Evidence of mechanical equipment--Inspection. (a) Following the issuance of a permit, the holder shall cause each vehicle to which the permit applies and which is in operating condition to be inspected pursuant to this chapter as often as necessary to have an unexpired safety inspection sticker continuously affixed to the vehicle. (b) The chief of police, whenever he has reason to believe that a vehicle to which a permit applies is in an unsafe operating condition, whether or not such vehicle has affixed to it an unexpired safety inspection sticker, may by written notice to the holder of the permit, require such holder to remove the vehicle from use in the business until such time as the vehicle has passed a new safety in- spection. (c) The chief of police may also cause each vehicle to which the permit applies to be inspected to insure compliance with this Code. 3S0 ORDINANCE NO. NS-2041 PAGE TWENTY SECTION 20: That section 32-16.1 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 32-16.1. Same--Enforcement. (a) It shall be a misdemeanor for any person to pick up or permit any other person to pick up, a passenger for hire within the City of Santa Ana in any vehicle for hire which does not have affixed to it an unexpired safety inspec- tion sticker evidencing that it has been inspected by the California Highway Patrol, Santa Ana Police Department or Orange County Sheriff, and found to be in safe operating condition. (b) The chief of police shall have the power to revoke or suspend a permit if the holder is found guilty of violating subsection (a) of this section, or if the holder fails to comply with the provisions of section 32-16 of the Santa Ana Municipal Code after being given ten (10) days written notice to so comply. SECTION 21: That section 32-18 of the Santa Ana Municipal Code is amended to read as follows: Sec. 32-18. Registration of vehicles. Ail motor vehicles operated as vehicles for hire within the City of Santa Ana shall be properly licensed with the Department of Motor Vehicles of the State of California, and in the event that the laws governing the licensing of com- mercial vehicles shall apply, all such vehicles shall be licensed before used as vehicles for hire. Ail vehicles operated as vehicles for hire shall be registered under the name of the holder of the permit. SECTION 22: That section 32-19 of the Santa Ana Municipal Code is amended to read as follows: Sec. 32-19. Permit transfer. An application for permit transfer shall be filed in the same manner and in accordance with section 32-2. Permit transfers shall require approval as if such were a new application. No permit may be sold, assigned, mortgaged, leased, or otherwise transferred, nor shall the majority of any shares of any stock in any corporation holding any ORDINANCE NO. NS- 2041 PAGE TWENTY-ONE permit be sold, assigned, transferred or hypothecated with- out complying with the provisions of this section. Viola- tion of this section shall constitute grounds for revocation of the permit. SECTION 23: That section 32-20 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 32-20. Summary suspension of permit pending opportun- ity for hearing; misdemeanor to continue after suspension; revocation. (a) Whenever it appears to the city manager that the holder of the permit: (i) Has violated any of the provisions of this chapter, or of any rules and regulations adopted pursuant thereto; or (2) Discontinues operations for more than thirty (30) days; or (3) Violates any ordinance of the city or statute of the State of California or the United States, which violation indicates the unfitness or indiffer- ence of the holder to offer safe and adequate public transportation service, or would constitute grounds for the denial of the permit; or (4) Commits any act which would have been grounds for the denial of the permit, the city manager shall have the authority to summarily suspend the permit and order the holder to immediately cease and de- sist any further operation of said vehicle(s). (b) Any person who continues to operate a vehicle after any summary suspension thereof, under subsection (a) of this section shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in jail for a period not exceeding six (6) months, or by such fine and imprisonment. ORDINANCE NO. NS- 2041 PAGE TWENTY-TWO (C) The order issued under subsection (a) of this section shall also notify the holder that he shall have five (5) days from the date of such order to request a hearing before the officer who signed such order to deter- mine whether such permit shall be revoked. Failure to request, in writing, such hearing before the city manager within said five (5) day period, shall result in revocation of the permit. (d) Upon such request by the holder whose permit has been suspended under subsection (a) of this section for a hearing to determine whether such permit shall be revoked, the city manager shall provide such hearing within ten (10) days after receipt of such request, at which hearing the suspended holder may appear before the city manager or his delegate for the purpose of presenting evidence why the permit should not be revoked. No permit shall be revoked under this section unless notice of the time and place of such hearing shall have first been given at least five (5) days before the hearing thereof by depositing in the United States mail a notice directed to said suspended holder at the address given in the application. The notice shall set forth a summary of the grounds advanced as the basis of the suspension and revocation. SECTION 24: That section 32-21 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 32-21. Revocation; alternative procedure. Whenever it appears to the city manager that grounds for summary suspension pursuant to section 32-20 exist, but no summary suspension is ordered, the permit may be sus- pended or revoked, provided however, the holder may appear before the city manager or his delegate at the time fixed by said official, for the purpose of presenting evidence why the permit should not be suspended or revoked. No permit shall be suspended or revoked under this section unless written notice shall have first been given at least five (5) days before a hearing thereof by depositing in the United States mail a notice directed to said holder at the address given in the application. The notice shall set forth a summary of the grounds advanced as the basis for the revo- cation or suspension. ORDINANCE NO. NS-2041 PAGE TWENTY-THREE SECTION 25: That section 32-22 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 32-22. Appeal. (a) Any holder of a permit issued under this chapter who is aggrieved by the decision of the city manager to revoke said permit or to suspend said permit for a period of time in excess of thirty (30) days may appeal such de- cision as provided in Chapter 3 of this Code. (b) The decision of the city manager to suspend a permit issued under this chapter for a period of time less than thirty (30) days shall be final, and no appeal may be taken therefrom. SECTION 26: That section 32-23 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 32-23. Surrender. Permits which have been suspended or revoked by the city manager or his delegate shall, forthwith, be surrendered to the city manager or his delegate, and the operation of any vehicle for hire covered by such permit shall cease. SECTION 27: That section 32-24 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 32-24. Refusal of service. No owner or driver of any vehicle for hire licensed under authority of this chapter shall fail or refuse, when in service and not engaged for hire, to transport to his announced destination at rates authorized in this chapter any person who presents himself for carriage in a sober and orderly manner and for a lawful purpose. SECTION 28: That section 32-25 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 32-25. Penalty for violation. Any person, partnership, corporation, firm, registered owner, or holder of a permit either by himself or through his direction, consent, assent, permission or acquiescence 384 ORDINANCE NO. NS-2041 PAGE TWENTY-FOUR who shall violate any of the provisions of this chapter, shall be guilty of a misdemeanor. Any person who shall aid, abet or assist in the violation of any of the provisions of this chapter shall be guilty of a misdemeanor, and each separate violation shall constitute a separate offense, and each every day the offense is continued in cases where the offense is a continuous one, shall constitute a destinct and separate offense. SECTION 29: That Article III (consisting of sections 32-60 through 32-80) of Chapter 32 of the Santa Ana Municipal Code is hereby repealed. SECTION 30: Any person who, as of the date of adoption of this ordinance, is the holder of a certificate of public convenience and necessity allowing such person to engage in the business of owning or operating an ambulance or ambulances in the City of Santa Ana issued pursuant to Chapter 32 of the Santa Ana Municipal Code as said chapter read prior to the adoption of this ordinance, may continue to engage in such business, subject to the provisions of such chapter as it read prior to the adoption of this ordinance, and subject to any and all conditions or restrictions attached to such certificate, and subject to all other applicable laws, until the date occurring six (6) months after the date of adoption of this ordinance, or until such person obtains the license for such person's ambulance service required by Article IV of Chapter 14 of the Santa Ana Municipal Code as added to said Code by this ordinance, whichever first occurs. Thereafter, said certificate of public convenience and necessity shall be of no further force and effect, and such person shall be required to comply with all the requirements of Article IV of Chapter 14 of the Santa Ana Munici- pal Code in order to continue operating an ambulance service. SECTION 31: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sent- ence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconsti- tutional. 385 ORDINANCE NOo NS- 2041 PAGE TWENTY-FIVE SECTION 32: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertain- ing shall continue in full force and effect. ADOPTED this 2nd day of Januar.¥ , 1~80 . ATTEST: c. su¥ / Clerk of the Council ! COUNCILMEMBERS: Young Aye McGu igan Aye Acosta Aye Griset Aye M ay Aye Pulido AyE Norton Aye APPROVED AS TO FORM: ~r City At torn~y