[R.O. 2012 §640.010; Ord. No. 92-2-4 §1, 2-18-1992]
When used in this Chapter, the following words shall have the
meanings set out below, unless indicated otherwise:
Any privately or publicly owned vehicle or craft that is
specially designed, constructed or modified, staffed or equipped for,
and is intended or used, maintained or operated for the transportation
of persons who are sick, injured, wounded or otherwise incapacitated
or helpless, or who require the presence of medical equipment being
used on such individuals, but the term does not include any motor
vehicle specially designed, constructed or converted for the regular
transportation of persons who are disabled, handicapped, normally
using a wheelchair, or otherwise not acutely ill, or emergency vehicles
used within airports.
A person or entity that provides emergency or non-emergency
ambulance transportation and services, or both, in compliance with
Sections 190.001 to 190.245, RSMo., and the rules promulgated by the
department pursuant to Sections 190.001 to 190.245, RSMo.
Any individual who is responsible for the care of a patient
within an ambulance vehicle.
Shall mean Excelsior Springs, Missouri
The Director of emergency medical services of Excelsior Springs,
Missouri.
Any individual who operates or attempts to operate an ambulance
vehicle on the streets, alleys, or other public thoroughfare within
the limits of the City of Excelsior Springs, Missouri.
An individual who is sick, injured, wounded, diseased, or
otherwise incapacitated or helpless, or dead, excluding deceased individuals
being transported from or between private or public institutions,
homes or cemeteries, and individuals declared dead prior to the time
an ambulance is called for assistance.
As used in these definitions and elsewhere in Sections 190.001
to 190.245, RSMo., any individual, firm, partnership, copartnership,
joint venture, association, cooperative organization, corporation,
municipal or private, and whether organized for profit or not, state,
county, political subdivision, state department, commission, board,
bureau or fraternal organization, estate, public trust, business or
common law trust, receiver, assignee for the benefit of creditors,
trustee or trustee in bankruptcy, or any other service user or provider.
Duly authorized members of the Police Department of the City
of Excelsior Springs, Missouri.
[R.O. 2012 §640.020; Ord. No. 92-2-4 §2, 2-18-1992]
No person, either as owner, agent, or otherwise, shall furnish,
operate, maintain, advertise or otherwise engage in or profess to
engage in the business of an ambulance service, within the City, unless
he/she holds a currently valid license for ambulance service issued
by the City, pursuant to this Chapter and by the State of Missouri
Bureau of Emergency Medical Services.
[R.O. 2012 §640.030; Ord. No. 92-2-4 §3, 2-18-1992]
A.
Licenses
shall not be required for ambulance services which are:
1.
Owned and operated by an agency of the United States Government or
by the City of Excelsior Springs, Missouri.
2.
Rendering requested assistance to ambulances currently licensed in
cases of disaster or major emergency too great for local resources;
or in response to the provisions of written community mutual aid agreements.
3.
Operated from a location or headquarters outside the City and transporting
patients who are picked up outside the limits of the City to locations
within the City, or through the City to other locations.
[R.O. 2012 §640.040; Ord. No. 92-2-4 §4, 2-18-1992]
A.
Application
for a license hereunder shall be made on such forms as may be provided
by the director and shall contain the following information:
1.
Name and address of the applicant and the trade name under which
business will be conducted; if a corporation, the name, date, and
place of incorporation, address of principle officers, and the registered
agent for the corporation; if a partnership, association, or other
business entity, the names of the partners or other persons comprising
the association or business entity and the business and residence
address of each partner or other person involved in the business and
the operation;
2.
The number of vehicles to be operated or controlled by the applicant
and a description of each vehicle;
3.
Name and address of each employee and statement of qualifications
of each such employee as an employee as an ambulance driver or attendant;
4.
Copy of current ambulance license issued by the Missouri State Bureau
of Emergency Medical Services of its successor.
[R.O. 2012 §640.050; Ord. No. 92-2-4 §5, 2-18-1992]
There shall be at all times at least two (2) Missouri State
Emergency Medical Service licensed personnel on each ambulance licensed
and operated under this Chapter.
[R.O. 2012 §640.060; Ord. No. 92-2-4 §6, 2-18-1992; Ord. No. 14-07-05 §33, 7-21-2014]
No license shall be issued, renewed, or continued in operation
unless the applicant or the holder has paid a license fee as specified
in the Schedule of Fees, Title I, Appendix A. Any license issued under
this Chapter shall be for a period of one (1) year from the date of
issuance or renewal. Said license fee shall be in addition to any
other license fee or charge established by any business and occupational
license ordinance of the City applicable to said holder or the vehicle
or vehicles under his operation or control.
[R.O. 2012 §640.070; Ord. No. 92-2-4 §7, 2-18-1992]
A.
Under
the provision of this Chapter the Director is hereby empowered and
directed to:
1.
Accept applications for licenses issued pursuant to this Chapter,
and to cause such investigation as he/she deems necessary to be made
of the applicant and/or his/her proposed operations.
2.
Issue the appropriate license hereunder, each to be valid for a period
of one (1) year unless earlier suspended, revoked or terminated when
he/she finds:
a.
The public convenience and necessity require the proposed ambulance
service;
b.
Each ambulance, its required equipment designated in the application
have been certified as provided for herein;
c.
The applicant is a responsible and proper person to conduct or work
in such a service;
d.
All the requirements of this Chapter and of the pertinent Missouri
Bureau of Emergency Medical Services regulations, and all other applicable
laws and ordinances have been met.
3.
Initiate proceedings for revocation of any license issued pursuant
to this Chapter through the appropriate agency of the State of Missouri
or by public hearing before the City Council. If the license issued
under this Chapter is revoked by City, upon recommendation of the
Director, the aggrieved party may appeal the decision of the City
Council of the Circuit Court of Clay County, Missouri. Such appeal
should be filed within thirty (30) days after revocation of said license.
[R.O. 2012 §640.080; Ord. No. 92-2-4 §8, 2-18-1992]
The Director may and is hereby authorized to suspend or revoke
a license issued hereunder for failure of a licensee to comply with
and to maintain compliance with this Chapter and all other ordinances
of the city or for failure of licensee to comply with and maintain
compliance with regulations promulgated hereunder or under any other
applicable laws, rules, regulations, including without limitation,
Section 190.100 through 190.195, RSMo. Should the licensee fail to
comply with the requirements of this Chapter or other ordinances of
the City with the Statutes, rules and regulations of the State Bureau
of Emergency Medical Services of the State of Missouri, the Director
may issue on behalf of the City or may initiate proceedings with the
State Bureau of Emergency Medical Services with respect to suspension
or revocation of any license issued hereunder. Within thirty (30)
days after notice of intention to suspend or revoke under the ordinances
of the City, the licensee shall be afforded a hearing before the City
Council after reasonable notice, and the City Council shall, within
ten (10) days after the conclusion of such hearing, issue a written
notice to licensee of its findings and action in the matter. The decision
of the City Council shall be promptly transmitted to licensee. Suspension
or revocation of any license pursuant to action of the State of Missouri,
Bureau of Emergency Medical Service, shall be process as provided
by State Statute.
[R.O. 2012 §640.090; Ord. No. 92-2-4 §9, 2-18-1992]
A.
Each
licensee of an ambulance hereunder shall maintain accurate records
concerning the transportation of each patient within the City as follows:
1.
Daily log of each and every ambulance run accepted, with consecutive
entries of calendar date, time of day, patient identification, patient
destinations, general classification of emergency, and other such
data as the Director may prescribe by regulation.
2.
Trip ticket for each ambulance run containing the information required in Subsection (1) above and such other entries as the ambulance service may desire or the Director may required by regulation. The Director may establish a standard trip ticket form and require timely submission to this office of duplicate copies by each licensee.
3.
Records will be retained by the legally responsible owner or operator
for three (3) years, readily available for inspection as may be ordered
by the Director, notwithstanding transfer, sale or discontinuance
of the ambulance service or business.
[R.O. 2012 §640.100; Ord. No. 92-2-4 §10, 2-18-1992]
A.
The
driver of an ambulance, when responding to an emergency call or while
transporting a patient, may exercise the privileges set forth in this
Section, but subject to the conditions herein stated, and only when
licensed attendant has reasonable grounds to believe that an emergency
in fact exists requiring the exercise of such privileges.
B.
Subject to the provisions of Subsection (A) hereof, the driver of an ambulance may:
1.
Park or stand, irrespective of the otherwise applicable provisions
of law, ordinances or regulations;
2.
Proceed past a red or stop signal or stop sign, but only after slowing
down as may be necessary for safe operation;
3.
Exceed the maximum speed limits permitted by law, ordinance, or regulation
so long as he/she does not endanger life or property; and
4.
Disregard laws, ordinances or regulations governing direction or
movement or turning in specified directions;
5.
The exemptions herein granted shall apply only when such ambulance
is making use of audible and visual signals meeting the requirements
of law, ordinance and regulation;
6.
The foregoing shall not relieve the driver of an ambulance from the
duty to drive with regard for safety of all persons, nor shall such
provisions protect the driver from the consequences of his/her disregard
for the safety of others.
[R.O. 2012 §640.110; Ord. No. 92-2-4 §11, 2-18-1992; Ord. No. 93-7-3 §II, 7-6-1993]
A.
It
shall be deemed to be unlawful to:
1.
Perform duties as an ambulance driver, attendant (EMT or Paramedic),
or dispatcher without a current permit issued by the Director of Emergency
Medical Services for the City of Excelsior Springs Missouri.
2.
Permit a person to work as an ambulance driver, attendant or dispatcher
without a current permit issued by the Director of Emergency Medical
Services for the City of Excelsior Springs, Missouri.
3.
Use or cause to be used any ambulance service other than that established
by this Chapter, unless exempted by the Director of Emergency Medical
Service for the City of Excelsior Springs, Missouri.
4.
Provide ambulance services, emergency or transfer, within the City
limits unless authorized by or exempted by the provisions of this
Chapter.
5.
Knowingly give false information to induce the dispatch of an ambulance.
