ARTICLE I. Sec. 38-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
City council means not only the council itself, but also any officer or subdivision of the municipal government duly designated by the council.
Emergency medical services means the transportation and emergency medical technician care provided the critically ill or injured prior to arrival at a medical facility by a certified emergency medical technician (EMT) and within a medical facility subject to the individual approval of the medical staff and governing board of that facility.
Fire chief means not only that officer, but also any officer or employee of the fire department duly designated by him.
Nonemergency ambulance services means the transport in a motor vehicle to or from medical facilities including, but not limited to, hospitals, nursing homes, physicians' offices, and other health care facilities of persons who are infirm or injured and who are transported in a reclining position; however, not-for-hire on a fee-for-service basis transportation furnished by licensed hospitals and licensed nursing homes to their own admitted patients or residents and individual not-for-hire transportation shall be excluded.
(Code 1973, § 5-1)
State law reference(s)--Similar provisions, A.C.A. § 14-266-103.
Sec. 38-2. Declaration of necessity.
The business of transporting persons within the city limits for compensation is hereby declared to be a necessary public service utility by the city council and thereby subject to regulation by the city.
(Code 1973, § 5-2)
Secs. 38-3--38-25. Reserved.
ARTICLE II. ------------
Cross reference(s)--Businesses, ch. 26; fire prevention and protection, ch. 46.
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Sec. 38-26. Emergency medical service operator license--Required; exemptions.
The city council shall have authority to grant licenses to persons for the privilege, exclusive or otherwise, dependent upon the public convenience and necessity of using the streets, alleys, public ways and public grounds of the city for the purposes of operating an emergency medical service for the inhabitants of and all other persons within the city, which licenses shall require that emergency medical service be maintained continuously during all hours of the day provided that an emergency medical service operator whose regular base of operations and dispatch is located outside the city and who operates in the city on a casual basis only shall not be required to procure a license required by this section. No emergency medical service operator or service whose regular base of operations is outside the city shall respond to an emergency call within the city unless requested to do so by the fire chief, deputy fire chief, the mayor, or anyone acting at their direction.
(Code 1973, § 5-3)
State law reference(s)--Authority to license, A.C.A. § 14-266-105(a)(2).
Sec. 38-27. Same--Application; nonemergency ambulance service operators to pay occupational, privilege tax.
(a) An application for license for an emergency medical service operator shall be made directly to the city council and the city clerk shall not take any application for emergency medical service until authorized to do so by the city council.
(b) A nonemergency ambulance service operator is not required to be licensed by the city council, however, such nonemergency ambulance service operator is required to pay occupation or privilege taxes now or hereafter levied by the city.
(Code 1973, § 5-4)
Sec. 38-28. Same--Conditions of granting; liability insurance.
No license shall be granted by an applicant as an emergency medical service operator unless the city council determines that:
(1) The public convenience and necessity require the proposed emergency medical service.
(2) The applicant is a fit, financially responsible person with proper equipment to render the proposed service.
(3) The applicant has in force, at the time his application is approved, an insurance policy providing insurance coverage for each and every ambulance owned, operated and leased by the applicant indemnifying the applicant for liability incurred by reason of the injury or death of persons in accidents, and property damage caused by accidents, resulting from any cause for which the owner of such emergency ambulance would be liable, regardless of whether the ambulance was being driven by the owner, his agent or lessee; such insurance policy to carry minimum limits required by state law for certification for injury to or death of any person as a result of any one accident, and for property damage, or cash bond in lieu thereof required by state law for certification.
(Code 1973, § 5-5)
Sec. 38-29. Periodic inspections; withdrawing ambulance from use; nonemergency ambulance or service operators exempted from inspections.
The fire chief shall cause to have a periodic inspection of the ambulances of emergency medical service operators licensed hereunder at least every six months. The fire chief will have no responsibility whatsoever for making any inspections on nonemergency ambulances or nonemergency service operators. If any emergency ambulance is found mechanically defective, or detrimental to public health or safety, the operator of such ambulance service shall immediately withdraw such ambulance from use until the mechanical defect is corrected and written authority is procured from the fire chief or his authorized representative permitting the reuse of such ambulance.
(Code 1973, § 5-6)
Sec. 38-30. Grounds for revocation of permit; notice; hearing.
The city council may revoke any permit granted under this article when any holder thereof shall violate or fail to comply with the provisions of this article and all other valid ordinances or laws regulating ambulances or such services, and when any such permit is revoked, any further operation of the business shall be unlawful and a violation of this article; provided no permit shall be revoked except upon the giving to the person whose permit is sought to be revoked ten days' notice of such intention, and such person shall have an opportunity to appear before the city council and show cause why the permit should not be revoked.
(Code 1973, § 5-7)
Sec. 38-31. Permit transfer.
No permit issued under the terms of this article shall be sold, transferred, assigned, leased or otherwise disposed of without the consent of the city council.
(Code 1973, § 5-9)
Sec. 38-32. Rates applicable to emergency medical service.
The city council shall determine and approve all rates to be charged by licensed emergency medical service operators within the city limits and no emergency medical service operator shall charge any other rates. Such rates shall be reviewed and revised periodically by the city council.
(Code 1973, § 5-10)
State law reference(s)--Authority to set rates, A.C.A. § 14-266-105(a)(2).
Sec. 38-33. Standards for emergency medical service and equipment.
The required emergency medical service and equipment shall be the highest classification under the state certification requirements that can reasonably be maintained by the fire chief, but under no circumstances shall the level of service and equipment fall below the classification of EMT-Ambulance Certification under the state certification standards.
(Code 1973, § 5-11)
State law reference(s)--State standards are the minimum, A.C.A. §§ 14-266-102(a)(2), 14-266-105(a)(1).
Sec. 38-34. Obedience to traffic laws, ordinances and regulations.
Emergency ambulances lawfully operating under the provisions of this article shall be authorized emergency vehicles as provided for in chapter 114.
(Code 1973, § 5-12)
Sec. 38-35. Penalty.
Any person who shall drive an ambulance or engage in the business of medical service operator without having first obtained the license required by this article shall be guilty of a misdemeanor which shall be punished by the imposition of punishment as provided by section 1-9.
(Code 1973, § 5-13)
Sec. 38-36. Fee for ambulance service charged by Springdale Fire Department when not transporting patient.
The Springdale Fire Department is hereby authorized to charge $187.50 base rate, plus one-way mileage at the regular rate (if outside the city) for responding to a call and performing services but not transporting the patient; in addition, the Springdale Fire Department is authorized to charge for supplies provided to the patient.
(Ord. No. 2041, § 1, 9-10-91; Ord. No. 3062, §§ 1, 2, 2-13-01)
Secs. 38-37--38-55. Reserved.
ARTICLE III. ------------
Cross reference(s)--Administration, ch. 2; personnel, ch. 86.
State law reference(s)--Authority to manage, control, etc., A.C.A. § 14-266-105(a)(2).
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Sec. 38-56. Created; area of service.
The medical service department of the city is charged with the responsibility of providing ambulance service within the corporate limits of the city and so much of the surrounding area as may be reasonable and practicable in the judgment of the officials supervising the operation of the department.
(Code 1973, § 5-24)
Sec. 38-57. Direction and control; rules.
The direction and supervision of the medical service department shall be under the direct control of the fire chief and assistant fire chief, who shall in turn be under the general supervision of the mayor and city council. The officials shall be responsible for the promulgation of such regulations governing the operation of the ambulance service and department as may be necessary for the efficient and economical functioning of the ambulance service.
(Code 1973, § 5-25)
Sec. 38-58. Rates and charges for service.
The ambulance service hereby authorized shall be provided at the following rates and charges to patrons:
Inside or Outside City Limits
Anywhere to anywhere . . . . $ 375.00
Treat patient, but no transport . . . . 187.50
Standby time per hour . . . . 90.00
Standby time for non-profit organizations, per hour . . . . 40.00
Charges for supplies and drugs used on patient**
When transport to helicopter . . . . 187.50
Loaded mileage (outside city limits and outside Washington County), per mile . . . . 5.00
**Charged pursuant to schedule on file with fire department
The fire chief has the authority to waive the $40.00 per hour standby charge charged to non-profit organizations, provided there is adequate manpower and equipment available, so that overtime does not have to be paid.
(Code 1973, § 5-26; Ord. No. 1911, § 1, 5-22-90; Ord. No. 3062, §§ 1, 2, 2-13-01)
Sec. 38-59. Billing and collections.
All billing and collections under this article shall be administered by the city clerk, and funds received shall be credited to the general fund.
(Code 1973, § 5-27)
Sec. 38-60. Replacement fund established.
A replacement fund will be established, and ten percent of all monies collected from the charges set out in this article shall be put in this replacement fund, for the purpose of replacing ambulance and/or ambulance equipment.
(Ord. No. 1911, § 3, 5-22-90)
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IN GENERAL
AMBULANCE SERVICES GENERALLY*
CITY MEDICAL SERVICE DEPARTMENT*