To the EMT that got the speeding ticket

[Guest guest]

Print this out. highlight the sections that pertain to your case, (see below)

And go talk to the DA's office at the Municipal Courts Bldg. before your court

date. Even if you do not have the backing of your company, print this out,

highlight, and go talk to them.

Prosecutors are looking for a way to clear the docket. They are swamped with

backlogs. In my opinion, your case is BS, if you can show this to the asst. DA,

the charge COULD be dismissed on the spot.

 It's worth a try.

Cougar!!

I'll keep my Guns, my Freedom and my MONEY,

You can keep the " CHANGE. "

Subject: Re: Given a Speeding Ticket in an Ambulance

To: texasems-l

Date: Thursday, January 13, 2011, 11:27 PM

Let's clear up a few things...

The deal with the 10 or 15 mph rule (some people believe that you can only

exceed the speed limit by 15 mph): The law says that except as regulated by

municipalities, the EMT can exceed the speed limits. The company says you can

only exceed the speed limit by 10-15 mph (I'm not sure but my best bet is that

this has something to do with insurance). Anything past 10 or 15 (whatever your

company policy is), you'll get in trouble with the company, if you're caught,

and I'd assume that you wouldn't have as much if any backing in the event of a

wreck, but it most certainly is NOT illegal, and you can exceed the speed limit

as much as is necessary so long as you operate with due regard for the public.

^Addition: The law that I'm citing above is § 546.001. PERMISSIBLE CONDUCT. 

In operating an authorized emergency vehicle the operator may: ... (3)  exceed

a maximum speed limit, except as provided by an ordinance adopted under Section

545.365, as long as the operator does not endanger life or property;

Nowhere in any of the laws that I cited do I see anything about Code 2 being

against the law. If anything, the law seems to imply that you can drive Code 2

as though you were driving Code 3. Since it is so pertinent to this thread, I

will re-cite § 546.003. AUDIBLE OR VISUAL SIGNALS REQUIRED.  Except as

provided by Section 546.004, the operator of an authorized emergency vehicle

engaging in conduct permitted by Section 546.001 shall use, at the discretion of

the operator in accordance with policies of the department or the local

government that employs the operator, audible or visual signals that meet the

pertinent requirements of Sections 547.305 and 547.702.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

Note that it says audible OR visual signals required - at the discretion of the

operator in accordance with policies of the department ... audible OR visual

signals.

And, I'll just go ahead and re-cite all of the laws, for your reading pleasure,

at the end of this email.

If anyone else would like to make any statements about what is and is not

illegal, please cite the specific law you are referencing. Since they're all

collected below (along with the more stringent laws from the Houston Code of

Ordinances) that shouldn't be too difficult for anybody.

Sleep well and stay safe out there,

Alyssa Woods, NREMT-B

CPR Instructor

§ 541.201. VEHICLES.  In this subtitle:                         

           

        (1)  " Authorized emergency vehicle " means:               

                   

            (A)  a fire department or police vehicle;           

                       

            (  a public or private ambulance operated by a person

who has been issued a license by the Texas Department of Health;

            ©Â  a municipal department or public service corporation

emergency vehicle that has been designated or authorized by the governing body

of a municipality;

            (D)  a private vehicle of a volunteer firefighter or a

certified emergency medical services employee or volunteer when responding to a

fire alarm or medical emergency;

            (E)  an industrial emergency response vehicle, including

an industrial ambulance, when responding to an emergency, but only if the

vehicle is operated in compliance with criteria in effect September 1, 1989, and

established by the predecessor of the Texas Industrial Emergency Services Board

of the State Firemen's and Fire Marshals' Association of Texas;  or

            (F)  a vehicle of a blood bank or tissue bank, accredited

or approved under the laws of this state or the United States, when making

emergency deliveries of blood, drugs,

medicines, or organs.

§ 545.365. SPEED LIMIT EXCEPTION FOR EMERGENCIES; MUNICIPAL REGULATION.  (a)

The regulation of the speed of a vehicle under this subchapter does not apply

to:

        (1)  an authorized emergency vehicle responding to a call;   

             

        (2)  a police patrol;  or

        (3)  a physician or ambulance responding to an emergency call. 

           

    (  A municipality by ordinance may regulate the speed of:       

           

        (1)  an ambulance;

        (2)  an emergency medical services vehicle;  or

        (3)  an authorized vehicle operated by a blood or tissue bank. 

           

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

§ 546.001. PERMISSIBLE CONDUCT.  In operating an authorized emergency vehicle

the operator may:

        (1)  park or stand, irrespective of another provision of this

subtitle;     

        (2)  proceed past a red or stop signal or stop sign, after

slowing as necessary for safe operation;

        (3)  exceed a maximum speed limit, except as provided by an

ordinance adopted under Section 545.365, as long as the operator does not

endanger life or property;  and

        (4)  disregard a regulation governing the direction of movement

or turning in specified directions.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.     

§ 546.002. WHEN CONDUCT PERMISSIBLE.  (a) In this section, " police escort "

means facilitating the movement of a funeral, oversized or hazardous load, or

other traffic disruption for public safety purposes by a peace officer described

by Articles 2.12(1)-(4), (8), and (22), Code of Criminal Procedure.

    (  Section 546.001 applies only when the operator is:           

           

        (1)  responding to an emergency call;

        (2)  pursuing an actual or suspected violator of the law;     

             

        (3)  responding to but not returning from a fire alarm;     

                 

        (4)  directing or diverting traffic for public safety purposes; 

or         

        (5)  conducting a police escort.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended by Acts 2003,

78th Leg., ch. 66, § 1, eff. May 16, 2003;  Acts 2005, 79th Leg., ch. 834, §

1, eff. June 17, 2005.

§ 546.003. AUDIBLE OR VISUAL SIGNALS REQUIRED.  Except as provided by Section

546.004, the operator of an authorized emergency vehicle engaging in conduct

permitted by Section 546.001 shall use, at the discretion of the operator in

accordance with policies of the department or the local government that employs

the operator, audible or visual signals that meet the pertinent requirements of

Sections 547.305 and 547.702.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

§ 546.004. EXCEPTIONS TO SIGNAL REQUIREMENT.  (a) A volunteer fire fighter who

operates a private vehicle as an authorized emergency vehicle may engage in

conduct permitted by Section 546.001 only when the fire fighter is using visual

signals meeting the pertinent requirements of Sections 547.305 and 547.702.

    (  An authorized emergency vehicle that is operated as a police

vehicle is not required to be equipped with or display a red light visible from

the front of the vehicle.

    ©Â  A police officer may operate an authorized emergency vehicle for a

law enforcement purpose without using the audible or visual signals required by

Section 546.003 if the officer is:

        (1)  responding to an emergency call or pursuing a suspected

violator of the law with probable cause to believe that:

            (A)  knowledge of the presence of the officer will cause

the suspect to:   

                (i)  destroy or lose evidence of a suspected

felony;                     

                (ii)  end a suspected continuing felony before the

officer has obtained sufficient evidence to establish grounds for arrest;  or

                (iii)  evade apprehension or identification of the

suspect or the suspect's vehicle;  or

            (  because of traffic conditions on a multilaned

roadway, vehicles moving in response to the audible or visual signals may:

                (i)  increase the potential for a collision;  or

                (ii)  unreasonably extend the duration of the

pursuit;  or

        (2)  complying with a written regulation relating to the use of

audible or visible signals adopted by the local government that employs the

officer or by the department.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.   

§ 546.005. DUTY OF CARE.  This chapter does not relieve the operator of an

authorized emergency vehicle from:

        (1)  the duty to operate the vehicle with appropriate regard for

the safety of all persons;  or

        (2)  the consequences of reckless disregard for the safety of

others.       

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

§ 546.021. MUTUAL AID ORGANIZATIONS.  (a) Two or more businesses whose

activities require the maintenance of fire-fighting equipment may form a mutual

aid organization in which the member businesses agree to assist each other

during an emergency by supplying fire-fighting equipment or services.

    (  The presiding officer or director of an organization formed under

this section shall deliver a list to the county fire marshal, or to the

commissioners court of a county if the county does not have a fire marshal, in

each county in which a member business is located.  The list must contain the

name of the registered owner and license plate number of each motor vehicle that

each member intends to use in supplying fire-fighting equipment or services.

    ©Â  If the county fire marshal or commissioners court determines that

the operation of the vehicles on the list is in the public interest and not a

threat to public safety, the marshal or court shall approve the list.

    (d)  On approval of the list by the county fire marshal or commissioners

court, a person operating a listed motor vehicle in response to a call for

emergency fire-fighting assistance from a member has the rights and restrictions

placed by this subtitle on the operator of an authorized emergency vehicle.

    (e)  A county is not liable for damage to a person or property caused by

a person approved by the county under this section to operate a motor vehicle

for emergency fire-fighting assistance.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.       

Houston Code of Ordinances Regarding Ambulances:

Sec. 4-1. - 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:

(1)

Ambulance. A motor vehicle used, designed or redesigned, and equipped for the

primary purpose of the transportation of sick or injured persons.

(2)

Ambulance service. A trip made by an ambulance to transport a sick or injured

person from place to place under other than emergency circumstances.

(3)

Ambulance operator. The person holding a city ambulance permit.

(4)

Department. The department of health.

(5)

Direct call. A request for ambulance service made by telephone or other means

directly to an ambulance operator, his agents or employees.

(6)

Driver's permit. A city emergency ambulance driver's permit.

(7)

Emergency ambulance. Any motor vehicle used, designed or redesigned, and

equipped for the primary purpose of transporting sick or injured persons under

emergency circumstances, and the rendering of first aid or the performance of

rescue work, or both, under such circumstances.

(8)

Emergency circumstances. The existence of circumstances in which the element of

time in expeditiously transporting a sick or injured person for medical or

surgical treatment is essential to the health or life of such person, and in

which rescue operations or competent first aid or both at the place of emergency

may be essential to the health or life of such person.

(9)

Emergency ambulance service. A trip made by an emergency ambulance under

emergency circumstances to the place of emergency, performance of any necessary

rescue operations, rendering of any necessary first aid assistance and the trip

to the hospital or other place for medical attention. An ambulance is being

operated in emergency ambulance service if all or any part of the above

described trip to the place of emergency and any subsequent trip to the hospital

is made on the streets within the corporate limits of the city. An emergency

ambulance shall be considered to be rendering emergency ambulance service when

it is responding to a call for emergency assistance even though, upon arrival at

the place of emergency, it is found that the call was falsely made or that no

further emergency ambulance assistance is required or when it is responding to a

call for routine ambulance service and during such trip emergency circumstances

develop.

(Code 1968, § 5-1; Ord. No. 70-1518, § 1, 9-16-70)

Sec. 4-2. - Ambulance advisory committee.

An ambulance advisory committee is hereby created, to consist of the director of

the health department, or in his absence a representative appointed by the

director; the chief of the fire department, or in his absence a representative

appointed by him; and a third member to be selected by the County Medical

Society, or in his absence, an alternate member selected by such society. It

shall be the duty of such committee to recommend to the city council,

specifications for construction, equipment and numbers of emergency ambulances

to be purchased by the city (which specifications shall include the essential

equipment referred to in section 4-6 below). The committee shall meet at least

two times per year. The committee shall submit to the city council from time to

time, its recommendations as to new specifications for emergency ambulances and

its recommendations as to revisions of this chapter.

(Code 1968, § 5-2; Ord. No. 70-1518, § 19, 9-16-70)

Sec. 4-3. - City emergency ambulance driver's permit.

(a)

It shall be unlawful for any person other than a member of the fire department

assigned to drive a fire department ambulance to operate or drive an emergency

ambulance upon the public streets of the city unless the driver thereof shall

first have obtained a city emergency ambulance driver's permit.

(

An application for such permit shall be submitted to the health officer upon a

form or forms to be provided by him. Such application must be signed and sworn

to before a notary public. The applicant shall have the following

qualifications:

(1)

The applicant must be 18 years of age or older.

(2)

The applicant must be the holder of a Class C Texas driver license.

©

The health officer shall investigate the application and determine whether the

applicant meets the qualifications required for the issuance of an emergency

ambulance driver's permit. If the applicant is so qualified, the health officer

shall issue such a permit, and if the applicant is not qualified, the health

officer shall notify the applicant by writing to him at the applicant's address

as given in the application.

(d)

A permit issued under this section shall be valid for two years from the date of

issuance.

(e)

The fee for a permit required by this section shall be $100.00, payable at the

time the application for said permit is submitted to the health officer.

(Code 1968, § 5-3; Ord. No. 70-1518, § 2, 9-16-70; Ord. No. 71-698, § 1,

4-7-71; Ord. No. 71-736, § 1, 4-14-71; Ord. No. 78-2404, § 1, 12-5-78; Ord.

No. 82-1109, § 1, 7-13-82; Ord. No. 05-939, §§ 1, 2, 8-3-05; Ord. No.

2010-1016, § 2, 12-8-2010, eff. 12-31-2010)

Sec. 4-4. - Personnel required during operation of emergency ambulances;

emergency ambulance technician certificate of proficiency.

(a)

It shall be unlawful to operate or drive or cause to be operated or driven an

emergency ambulance on a public street of the city when furnishing emergency

ambulance service, including emergency ambulances operated by the fire

department, unless there is aboard such emergency ambulance on each trip at

least two persons, one of whom is the holder of a valid certificate of

proficiency as a qualified emergency ambulance technician issued by the health

officer. The holder of such certificate must be the person attending the patient

while such patient is being transported.

(

Application for a certificate of proficiency as an emergency ambulance

technician shall be made to the health officer on forms to be furnished by him,

and shall be signed and sworn to before a notary public.

©

Qualifications for a certificate of proficiency shall be as follows:

(1)

The applicant must be 18 years of age or older.

(2)

The health officer shall establish standards of proficiency and training

necessary for attainment in order for such person to qualify for a certificate

of proficiency as a qualified emergency ambulance technician. Such standards

shall be filed with the city secretary and may be changed from time to time by

filing such changes with the city secretary. The health officer shall cause

regularly scheduled training courses and examinations to be conducted of all

applicants for such certificate of proficiency. Such examinations may be oral or

written or practical or a combination of such types of examinations, as the

health officer determines will best demonstrate proficiency. The health officer

shall limit the life of any certificate to not more than one year and shall

provide for renewal of such certificate by the applicant's attending refresher

courses and taking such renewal examinations as the health officer may

prescribe.

(d)

The health officer shall investigate the application and the grades attained on

such examination and determine whether the applicant meets the qualifications

required for the certificate of proficiency. If the applicant is so qualified,

the health officer shall issue such certificate and if the applicant is not

qualified, the health officer shall notify the applicant by writing to him at

the applicant's address as given in the application.

(Code 1968, § 5-4; Ord. No. 70-1518, § 3, 9-16-70; Ord. No. 78-2404, § 2,

12-5-78)

Sec. 4-5. - Structural and licensing requirements.

No emergency ambulance shall be operated on the public streets of the city

unless it is free of structural defects and unless it has no serious impairment

of any safety feature resulting from an accident or otherwise. No emergency

ambulance shall be operated upon the streets of the city for the purpose of

furnishing emergency ambulance service unless and until such ambulance has been

duly licensed in accordance with Article 4590b, V.T.C.S.

(Code 1968, § 5-5; Ord. No. 70-1518, § 4, 9-16-70)

Sec. 4-6. - Required equipment.

No emergency ambulance or transfer ambulance shall be operated upon the streets

of the city for the purpose of furnishing ambulance service unless such

ambulance is equipped with the " Essential Equipment for Ambulances, " as set out

in the bulletin of the American College of Surgeons, May issue, 1970, pages 7

through 13, a copy of which shall be filed in the office of the city secretary

by the health officer.

(Code 1968, § 5-6; Ord. No. 70-1518, § 5, 9-16-70)

Sec. 4-7. - Vehicle inspections.

The health officer shall cause all emergency ambulances, including those

operated by the fire department, to be inspected before being placed in service

and thereafter annually, as well as on a spot inspection basis. In the event an

emergency ambulance fails to pass inspection, the health officer shall notify

the emergency ambulance operator or the chief of the fire department to correct

the defects noted in the inspection and, after such notification, the health

officer shall cause such ambulance to be reinspected for compliance. If, upon

such reinspection, the defects noted in the original inspection have not been

corrected, the vehicle decals shall be removed from the ambulance by the health

officer and shall only be replaced upon such ambulance after the defects have

been corrected. Inspections provided for herein may also be made by any police

officer of the city or any authorized employee of the department of

administration and regulatory affairs

of the city.

(Code 1968, § 5-7; Ord. No. 70-1518, § 6, 9-16-70; Ord. No. 79-1817, § 1,

10-23-79; Ord. No. 05-939, § 3, 8-3-05; Ord. No. 08-52, § 9, 1-16-08, eff.

1-26-08)

Sec. 4-8. - Decals and display of name.

(a)

When an ambulance operator's permit is issued or renewed under this article, the

holder of the operator's permit shall present each ambulance that he proposes to

operate thereunder to the health officer for inspection pursuant to the

standards adopted in section 4-5, and if the operator proposes to use the

ambulance in either or both of the instances described in section 4-9((3) or

(4), then for additional inspection for compliance with section 4-6. Upon the

successful completion of such inspection, the health officer will furnish the

permittee two decals for each ambulance which has been inspected and is

authorized to be used in service. One such decal shall be affixed to the front

windshield at the lower right (passenger side) corner; the other such decal

shall be affixed to the rear bumper or to a similar location in a manner as to

be readily visible from a following vehicle. The color of such decals shall be

changed annually. Additionally, all

emergency ambulances shall have the name of the ambulance service prominently

displayed on both exterior sides.

(

It shall be unlawful to operate an ambulance on the streets of the city without

having such decals affixed and, in the case of an emergency ambulance, without

having the name of the ambulance service displayed as required by this section.

(Code 1968, § 5-8; Ord. No. 70-1518, § 7, 9-16-70; Ord. No. 71-698, § 2,

4-7-71; Ord. No. 71-736, § 2, 4-14-71; Ord. No. 79-1817, § 2, 10-23-79)

Sec. 4-9. - Persons authorized to engage in emergency ambulance service.

(a)

The operation of emergency ambulances on the streets of the city for the

furnishing of emergency ambulance service is hereby declared to be a

governmental function of the city to be performed by the fire department in

accordance with the terms of this chapter. It shall be unlawful for any person

or persons, other than members of such fire department in its classified civil

service, while driving emergency ambulances operated by the fire department, to

furnish or to attempt to furnish emergency ambulance service or to operate or

drive or cause to be operated or driven any ambulance on the streets of the city

for the purpose of furnishing emergency ambulance service.

(

It is an affirmative defense to prosecution under subsection (a) that:

(1)

The person operating an ambulance upon responding to a direct call for ambulance

service determined that an emergency existed requiring the sick or injured

person to be transported with all practical speed for medical treatment and

attention and obtained permission to operate such ambulance in emergency

ambulance service; from the fire department dispatcher;

(2)

That the emergency ambulance service was provided by an ambulance based outside

the city when not in use and operated by an ambulance company having an

established place of business and permanent address outside the city, provided;

a.

The sick or injured person was picked up outside the corporate limits of the

city and transported to a hospital within the city; and

b.

The ambulance performing such emergency ambulance service was, at the time, duly

licensed and operated in accordance with Article 4590b, V.T.C.S.; and

c.

The driver of such ambulance complied with all speed and other traffic

regulations of the city and the state.

(3)

That the person operating an ambulance within the city was performing a service

under contract of maintaining an ambulance at a particular location, or event,

for the purpose of transporting sick or injured persons for medical or hospital

treatment, and determined that a sick or injured person at such location or

event required immediate hospital or medical attention and obtained permission

to operate such ambulance in emergency service from the fire department

dispatcher.

(4)

That the emergency ambulance service was provided at the request of the fire

department dispatcher due to unavailability of a city ambulance.

In each instance set out in (1) through (4) above, the driver or operator of

such ambulance shall prior to commencement of each emergency ambulance run,

notify the fire department dispatcher of the conditions requiring the operation

of his vehicle in emergency ambulance service, the location from which he is

proceeding, and the location to which he is proceeding under emergency ambulance

service and obtain permission for such trip from the dispatcher. Each ambulance

being operated under paragraphs (1) and (2) above shall comply with the

requirements of this chapter regarding emergency ambulances insofar as traffic

safety is concerned. Each ambulance being operated under the provisions of

paragraphs (3) and (4) above shall comply with all requirements of this chapter

regarding emergency ambulances of every nature. Upon arriving at his

destination, the ambulance driver or ambulance operator will again notify the

fire department dispatcher that he has

arrived and is no longer in emergency ambulance service. When the driver or

operator of an ambulance is responding to a direct call for ambulance service,

either under emergency conditions or otherwise, he shall inform the fire

department ambulance dispatcher of the location of such call and such

information as he may have concerning the circumstances surrounding the request

for service, and if the fire department ambulance dispatcher reports that a fire

department ambulance is either on route to the same location or has arrived

there and instructs such ambulance driver or operator not to respond to such

call, it shall be unlawful for such driver or operator to so respond when

instructed not to do so by the fire department ambulance dispatcher.

(Code 1968, § 5-9; Ord. No. 70-1518, § 8, 9-16-70; Ord. No. 71-698, § 3,

4-7-71; Ord. No. 71-736, § 3, 4-14-71)

Sec. 4-10. - General authorization.

Nothing herein shall prohibit any person owning an ambulance duly licensed and

operated in accordance with article 4590b, V.T.C.S., from operating such

ambulance on the public streets for the purpose of furnishing ambulance service

only; provided, however, such person shall secure an operator's permit in

compliance with the provisions of sections 4-15 and 4-16 hereof and shall cause

his ambulance to have been inspected and be in display of a medallion issued in

compliance with section 4-8 hereof. The driver of any such ambulance shall

comply with all of the traffic laws of the state and ordinances of the city,

including this chapter, in furnishing such ambulance service. The operator

thereof shall not permit such ambulance to be used for emergency ambulance

service unless all requirements of this chapter regarding emergency ambulance

service have been complied with.

(Code 1968, § 5-10; Ord. No. 70-1518, § 9, 9-16-70; Ord. No. 71-736, § 4,

4-14-71)

Cross reference— Traffic, Ch. 45.

Sec. 4-11. - Use of signs or flashing emergency lights.

The use of signs or flashing emergency lights on an ambulance upon the public

streets of the city shall be unlawful except when furnishing emergency ambulance

service in accordance with the terms of this chapter.

(Code 1968, § 5-11; Ord. No. 70-1518, § 10, 9-16-70)

Sec. 4-12. - Patient transport status; solicitation of business prohibited.

(a)

A patient's transport status shall be determined solely on the basis of the

medical needs of the patient in accordance with the most current fire department

guidelines as approved by the physician medical director. Under no circumstances

shall the fact that a person is or appears to be indigent and unable to pay the

cost of such service be considered in such determination.

(

It shall be unlawful for any person, while operating or accompanying an

emergency ambulance on the public streets or easements of the city, to solicit

the business of transporting the sick or injured.

(Code 1968, § 5-13; Ord. No. 70-1518, § 12, 9-16-70; Ord. No. 2010-525, § 2,

6-30-2010)

Sec. 4-13. - Charges.

(a)

In order to partially defray the costs incurred by the city in providing

emergency medical services and ambulance services, the following fees are hereby

established to be collected for the provision of emergency ambulance service by

the city:

(1)

A base fee of $1,000.00, plus the variable fees established in subsection ©,

below, payable by the hospital from which the transportation originates, for the

transportation of a person by fire department ambulance from one hospital to

another hospital; and

(2)

A base fee of $1,000.00, plus the variable fees established in subsection ©,

below, payable by or on behalf of the person served, for the transportation of a

person by fire department ambulance other than from one hospital to another

hospital.

(

The fee specified above for transportation of a person from one hospital to

another hospital shall apply in each instance where a person is transported from

one hospital to another hospital, except in those instances in which a person is

picked up at a place other than a hospital and during the course of his

transportation to the intended destination hospital the ambulance makes an

intermediate stop at another hospital for emergency stabilization or other

treatment en route. The fee specified above for the transportation of a person

from one hospital to another hospital shall in each instance be payable by the

hospital from which the transportation of the person originates, and the

transportation of the person shall not commence until and unless:

(1)

The physician in charge of the care of the person furnishes a written statement

that the person's condition is suitable for safe transportation by ground

ambulance to the intended destination hospital; and

(2)

The hospital furnishes a physician or other trained and qualified medical staff

member who shall ride in the ambulance and assume the responsibility for the

care of the person being transported en route; and

(3)

The administrator of the hospital or another responsible person signs a

statement promising on behalf of the hospital to pay for the transportation of

the person and furnishes the necessary billing information.

©

In addition to the base fees imposed under items (1) and (2) of subsection (a),

above, the following variable fees shall be imposed, as applicable:

(1)

For use of oxygen (any quantity) $65.00

(2)

For use of an oxygen mask or a nasal canula, or both 15.00

(3)

For use of EKG (tracing only) 50.00

(4)

For EKG pad(s) (any quantity) 16.89

(5)

For IV prep kit(s) (any quantity) 10.00

(6)

For IV administration set(s) (any quantity) 25.00

(7)

For cervical collar 25.00

(8)

For head immobilization 25.00

(9)

For D5W (any quantity) 11.00

(10)

For Adenosine (Adenocard) per 6 mg 33.25

(11)

For Albuterol Sulfate (Proventil) for 0.5% sol. per ml 0.70

(12)

For Atropine per 0.3 mg 0.49

(13)

For Dextrose 50% 11.39

(14)

For epam (Valium) 1.06

(15)

For Dopamine (Intropin) per 250 mg 9.26

(16)

For Epinephrine 1:1,000 1.09

(17)

For Epinephrine 1:10,000 1.09

(18)

For Furosemide (Lasix) 1.12

(19)

For Lidocaine Drip per 50 cc 2.76

(20)

For Lidocaine HCL—2% per 50 cc 2.76

(21)

For Naloxone HCO (Narcan) 3.73

(22)

For Cordarone IV per 300 mg 150.00

(23)

For miscellaneous medical supplies (any amount, type or quantity) 25.00

(24)

Actual costs (not subject to the adjustment in (d) below) of medications,

equipment and labor to provide other medically necessary services during

transport.

In lieu of actual computed miles, the fire chief may authorize use of a zone

system or other procedure, provided that the mileage charged does not exceed the

actual mileage.

(d)

That the base fee plus the variable fees established in sections (a)(1), (a)(2)

and © above shall be automatically increased on the first day of each

subsequent fiscal year by a percentage equal to the percentage increase in the

Consumer Price Index—All Urban Customers (CPI-U), if any, over the same date

of the previous year. If there is a decrease or if there is no increase in any

given year, the rates for that year shall remain the same as in the previous

year.

(e)

The fire department shall submit to the tax assessor-collector a record of each

instance in which emergency ambulance transportation service is provided. The

tax assessor-collector shall be responsible for the billing and collection of

the applicable fees. Except for the conditions expressly provided above in the

instance of the transportation of a patient from one hospital to another

hospital, no provision in this section shall be construed to authorize the fire

department, under any circumstances, to refuse emergency ambulance assistance to

any person upon the grounds that the person is indigent or unable to pay for the

service.

(Code 1968, § 5-15; Ord. No. 70-1518, § 14, 9-16-70; Ord. No. 76-2031, § 1,

11-23-76; Ord. No. 83-1318, § 1, 8-23-83; Ord. No. 86-1616, § 1, 9-10-86; Ord.

No. 91-1178, § 1, 8-14-91; Ord. No. 93-918, § 1, 7-28-93; Ord. No. 96-665, §

7, 6-26-96; Ord. No. 97-1003, § 1, 8-20-97; Ord. No. 01-564, § 11, 6-20-01;

Ord. No. 02-528, § 14a., 6-19-02; Ord. No. 2010-892, §§ 2—4, 11-17-2010)

Sec. 4-14. - Uncollectible transport account.

There is hereby created a list of ambulance accounts to be entitled

" uncollectible transports. " The tax assessor-collector of the city shall have

the power to place ambulance bills on the uncollectible transports list if he

determines such ambulance bills to be uncollectible.

An " uncollectible transport " shall be defined as any of the following:

(1)

Emergency ambulance service provided a patient whose name and/or address is

unknown, or upon whom there is otherwise insufficient information to locate the

patient, or a patient using a false name and/or, address, or a patient who is a

minor and whose parents or next of kin are unknown, or there is otherwise

insufficient information to locate the parents or next of kin.

(2)

Emergency ambulance service provided a patient who is in the custody of, or

placed under arrest by, a police officer of the city.

(3)

Emergency ambulance service provided at least six months previously and upon

which a diligent collection effort has been made.

(Code 1968, § 5-15.1; Ord. No. 74-1778, § 1, 10-8-74)

Sec. 4-15. - Ambulance service operator's permit, insurance required.

Any person operating an ambulance service upon the streets of the city must

secure a permit therefor from the health officer. Such applicant shall provide

evidence to the health officer that he has in full force for such calendar year

a public liability insurance policy on each ambulance, such insurance policy to

be issued by an insurance company which is authorized by law to do business in

the state. Such policy shall provide liability insurance in the amount of not

less than $50,000.00 for any one accident and not less than $25,000.00 for

injury to any one person. Such insurance policy shall not contain a passenger

liability exclusion. Each policy shall contain a provision obligating the

insurer to give to the health officer written notice of cancellation not less

than ten days prior to the date of any cancellation.

(Code 1968, § 5-16; Ord. No. 70-1518, § 15, 9-16-70; Ord. No. 76-235, § 1,

2-11-76)

Sec. 4-16. - Fees for operator's permit, decals; term of decals.

The fee for the ambulance operator's permit required pursuant to section 4-15 of

this Code shall be $1,000.00, and all permits issued under this chapter shall be

valid for one year from the date of issuance. Such permits may be renewed after

the termination date of the initial permit and during that same year by paying a

permit fee of $800.00. The charge for decals required pursuant to section 4-8 of

this Code shall be $275.00 per pair of decals for each pair issued, renewed or

replaced. Decals expire concurrently with the ambulance operator's permit under

which they are issued. Such fees and charges shall be collected by the

department of health and human services and transferred to the department of

administration and regulatory affairs, together with an accounting of the

permits and pairs of decals for which same were collected.

(Code 1968, § 5-17; Ord. No. 70-1518, § 16, 9-16-70; Ord. No. 71-698, § 4,

4-7-71; Ord. No. 71-736, § 5, 4-14-71; Ord. No. 76-235, § 2, 2-11-76; Ord. No.

79-1817, § 3, 10-23-79; Ord. No. 82-1107, § 2, 7-13-82; Ord. No. 05-939, § 4,

8-3-05; Ord. No. 08-52, § 10, 1-16-08, eff. 1-26-08; Ord. No. 2010-1016, § 2,

12-8-2010, eff. 12-31-2010)

Sec. 4-17. - Penalty for violations.

Whenever in this chapter an act is prohibited or is made or declared to be

unlawful or an offense or misdemeanor, or whenever in this chapter the doing of

any thing or act is required or the failure to do any thing or act is

prohibited, the violation of the provision shall be and constitute a misdemeanor

punishable, upon conviction, by a fine of not more than $2,000.00. Each

violation shall constitute and be punishable as a separate offense. Prosecution

or conviction under this provision is cumulative of and shall never be a bar to

any other civil or administrative remedy provided or allowed in this chapter or

by law. In addition, the city attorney is hereby authorized to file suit in any

court of competent jurisdiction to enjoin any person from violating or causing

to be violated any of the provisions of this chapter.

(Code 1968, § 5-18; Ord. No. 70-1518, § 18, 9-16-70; Ord. No. 92-1449, § 3,

11-4-92; Ord. No. 05-939, § 5, 8-3-05)

Charter reference— Penalty for ordinance violation, Art. II, § 12.

Cross reference— Assessment of fines against corporations, § 16-76; payment

of fines, § 16-78; credit against fines for incarceration, § 35-6 et seq.

Sec. 4-18. - Revocation or suspension of permits, licenses and certificates.

Any permit, license or certificate issued pursuant to this chapter shall be

subject to suspension or revocation upon the finding pursuant to a public

hearing conducted by the health officer that the holder of such permit, license

or certificate has failed to comply with the applicable provisions of this

chapter or that the holder no longer meets the requirements which pertain to the

issuance thereof, provided that the holder of such permit, license or

certificate shall be given prior notice of the date, time and place of the

hearing setting forth the grounds upon which the suspension or revocation is

based and shall be afforded an opportunity to appear in person or through

counsel to present evidence and to cross examine all witnesses appearing at such

hearing.

Sec. 4-19. - Disposition of certain fees.

All fees collected under sections 4-3 and 4-16 of this Code shall be allocated

to the health and human services department to fund the inspection of ambulances

and permitting of ambulance operators as required by this chapter.

(Ord. No. 05-939, § 6, 8-3-05)