Town of Cheektowaga, NY
Erie County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Cheektowaga 10-21-1985 as Ch. 4A of the 1985 Code. Amendments noted where applicable.]
The provision of medical assistance in emergency situations is a matter of vital concern affecting the public health, safety and welfare. It is the purpose of this chapter to promote the health, safety and welfare of the residents of the Town of Cheektowaga by providing for the registration and licensing of ambulance services operating within the Town of Cheektowaga, the creation of an Emergency Medical Services Board and the establishment of minimum equipment and communications standards for emergency medical services.
As used in this chapter, the following terms shall have the meanings indicated:
AMBULANCE
Any vehicle equipped for the care of and used in the transportation of the wounded, sick, injured, ill or infirm people.
BASE STATION
The location where ambulances are stationed and from which they are dispatched.
[Added 2-19-1986]
DISPATCHER
An employee of the Fire Alarm Committee, Cheektowaga Police Department or any other entity designated, from time to time, to dispatch ambulance services by the Board.
EMS BOARD
The Cheektowaga Emergency Medical Services Board created hereunder.
PERSON
Any individual, firm, partnership, association, corporation, company or any organization of any kind.
The provisions of this chapter shall not apply to the following:
A. 
Ambulances owned and/or exclusively operated by any federal, state, county or other governmental agency.
B. 
Private vehicles utilized on an infrequent basis in the transportation of a convalescent from a hospital to his/her home or from his/her home to an outpatient clinic or hospital.
C. 
Private vehicles used in the transportation of the infirm or crippled to and from places for rehabilitory therapy.
D. 
A physician, resident intern or registered nurse.
E. 
Any ambulance operated by a duly-organized volunteer fire company, organized and existing under Article 11 of the Town Law.
[Amended 5-4-1987]
A. 
No person shall engage in the business of providing emergency medical service and transporting by ambulance the sick, disabled or injured persons within the Town of Cheektowaga without obtaining and maintaining at all times a separate license for each ambulance so operated.
B. 
No person shall act in the capacity of driver or attendant of an ambulance under this chapter without having in his possession a license therefor, as approved by the Town Board and issued by the Town Clerk.
A. 
An application for an ambulance license shall be made by the owner of the ambulance to the Town Clerk on forms provided by him from time to time. Such application shall state the designated stations, hospital or such other place or places from which it is intended or desired to operate such ambulance on a twenty-four-hour basis, together with a description of the ambulance, including state identification number, and such other information as the Town Clerk and EMS Board shall find reasonably necessary. All licensees shall designate and maintain a base station within the Town of Cheektowaga at all times.
B. 
Within 30 days after a license application is received, the EMS Board shall cause an investigation to be made of each applicant to determine whether the applicant meets the requirements of this chapter and pertinent state, county and/or local laws and whether the applicant is capable of servicing the needs of the Town of Cheektowaga. The EMS Board may consider any other criteria which it deems reasonable and necessary and shall make a recommendation, in writing, to the Town Board concerning the approval or denial of each application. The EMS Board shall set forth the reasons for its recommendations.
C. 
The Town Board shall, within 30 days of the receipt of the EMS Board's recommendations, either grant or deny the application.
D. 
In the event that the Town Board concurs with the recommendation of the EMS Board and agrees to issue a license to a carrier for a specific ambulance, such carrier, prior to the issuance of said license, shall make himself aware of the provisions of this chapter and shall abide by the rules and regulations of this chapter and of the EMS Board, as amended from time to time.
[Amended 2-19-1986]
[Amended 8-5-1995; 9-5-1995]
A. 
Applications for licenses for a driver/attendant shall be made upon forms to be provided by the Town Clerk and shall contain such information as the Town Clerk and EMS Board shall deem reasonably necessary, in addition to meeting the following requirements and qualifications:
(1) 
Each applicant for a license as a driver/attendant shall submit to a criminal history investigation by the Cheektowaga Police Department. As part of such investigation, said applicant shall supply his/her fingerprints. Such fingerprints shall be forwarded to the Division of Criminal Justice Services (DCJS), along with the appropriate processing fee. All processing fees shall be paid by the applicant. The only authorized method of payment will be a United States Postal, American Express or Travelers Express money order made out to DCJS. A license will not be granted to a driver/attendant convicted of a felony, any offense relating to theft, insurance fraud offenses or a series of convictions for traffic offenses that would indicate a pattern of disregard for vehicle or personal safety. The record checks will determine if the applicant meets the criteria established in § 52-13A and B.
(2) 
Each applicant shall:
(a) 
Submit satisfactory proof of completion of the minimum requirements imposed by the State of New York.
(b) 
Submit a current certificate of completion of an EMT course to the EMS Board.
B. 
Upon being satisfied that the driver/attendant meets the requirements of this chapter, the EMS Board to whom the application shall be referred shall recommend approval of such application.
[Amended 2-19-1986]
A. 
Creation.
[Amended 6-1-1998]
(1) 
There is hereby created an Emergency Medical Services (EMS) Board composed of the following referenced individuals:
(a) 
One member and one alternate member for each of the nine duly organized volunteer fire districts located in the Town of Cheektowaga; such members shall be designated by such fire districts.
(b) 
One member and one alternate member for the village of Sloan Fire Company; such member shall be designated by such fire company.
(c) 
The Chief of Police of the Town of Cheektowaga or his designee.
(d) 
One member of the Town Board.
(e) 
The Senior Public Safety Dispatcher of the Town of Cheektowaga or his designee.
(f) 
One representative from St. Joseph Hospital Emergency Department or its designee.
(g) 
Ex officio (nonvoting) members:
[1] 
One representative from the ambulance company which has a contract with the town.
[2] 
One representative from Erie County EMS.
(2) 
In the event that any volunteer fire district or the Village of Sloan Fire Company shall fail to designate a member or alternate member. the Town Board shall designate an individual to serve in the place of such member on the EMS Board. The Town Board shall also designate one of the members of the EMS Board to serve as the Chairman thereof.
(3) 
Each member of the EMS Board shall be allowed only one vote in all matters coming before such Board. In addition, each member of the EMS Board shall serve for a term of one year and shall receive no compensation for his/her services.
B. 
The EMS Board shall act as an agent of the Town Board in all matters set forth in this chapter, and in addition to the powers and duties set forth in §§ 52-5 and 52-6 above, the Board shall have the following powers and duties:
(1) 
To advise, consult with and recommend to the Town Board all matters concerning ambulance service, administration of this chapter and any amendments thereto, which it may deem necessary and advisable.
(2) 
To examine and determine the fitness and qualifications of applicants for licenses, using as criteria therefor the information contained in the application and such other or additional proof attached thereto, together with such proof or evidence as the EMS Board may acquire by its own study, examination or investigation, and thereafter, in its certification, recommend to the director of licenses and permits whether or not a license shall be issued to the applicant.
(3) 
To hear and determine, on its own motion, any and all matters relating to the revocation or suspension of licenses and make its findings and recommendations to the Town Board, which shall either approve or reject such recommendations.
(4) 
To adopt such rules and regulations as may be necessary to carry out the purposes of this chapter and for the conduct of its duties, including but not limited to:
(a) 
Establishing the manner in which ambulance service should be dispatched to best serve the needs of town residents.
(b) 
Coordinating uniform ambulance charges by requiring ambulance owners to submit, with the application for a license, the rates to be charged for said service in the town and the rates charged for said service when rendered outside the boundaries of the town.
(c) 
Developing and implementing a procedure to receive, monitor and investigate complaints received concerning ambulance service in the Town of Cheektowaga.
(d) 
Requiring the owner of ambulances to maintain daily records and submit such to the EMS Board as or if requested.
The Town Board shall determine the license fees to be assessed from time to time by resolution.
All licensees which operate an ambulance subject to this chapter in the Town of Cheektowaga shall procure and maintain liability insurance with insurance companies authorized to do business in the State of New York in such kinds and amounts as shall be, from time to time, determined by the EMS Board. A certified copy of each policy (or certificate of insurance, if deemed acceptable by the EMS Board) shall be submitted with each license application and thereafter upon renewal or replacement of each policy. Each such policy shall contain a provision agreeing to notify the EMS Board and the Town Clerk, Town of Cheektowaga, Town Hall, Broadway and Union Road, Cheektowaga, New York, 14227, at least 30 days in advance in the event of any material alteration, cancellation or nonrenewal of such insurance. Any applicant unable to comply with the requirements established by the EMS Board may apply for a waiver by providing full details of the circumstances to the EMS Board.
The owner of an ambulance to whom a license has been issued under the provisions hereof shall be under duty and obligation to, and by accepting such license shall be deemed to, consent to the following obligations:
A. 
Designate base station for ambulance service where such service can be reached at all times.
B. 
Give prior notice to the dispatcher when and why an ambulance is out of service.
C. 
Notify the dispatcher when a particular ambulance is replaced and, if replaced, comply with the licensing requirements of § 52-5 above.
D. 
Any additional requirements which may be imposed, from time to time, by the EMS Board.
A. 
Ambulance drivers and attendants shall comply with the request of the patient and/or relatives for removal to a hospital of his choice within a reasonable distance, provided that, in their judgment, the condition of the patient will withstand extra travel. No person in charge of an ambulance shall refuse to take a wounded or ill or infirm or injured person to a hospital after the need for hospitalization has been determined by a physician, or if made at the request of the Police or Fire Department. When a person is found ill or wounded or infirm or injured in the street or any public place, however seriously, he shall not be left in such location, but shall be removed to a hospital.
B. 
Ambulance drivers and attendants shall:
(1) 
Take the injured person or the person in need of hospital services to the nearest hospital unless the patient or relative directs otherwise.
(2) 
Ambulance drivers or operators shall not be visible at the scene of an accident or other emergency until dispatched by the dispatcher, as defined in § 52-2 hereof, or unless an emergency is declared by the Cheektowaga Police Department.
A. 
All sheets, pillowcases and towels used in the care of a patient in any such ambulance shall be replaced with clean sheets, pillowcases and towels after each time such ambulance is used for the transportation of wounded, sick, injured or infirm persons, and all blankets used in such ambulance shall be thoroughly laundered according to procedures established by the Commissioner of Health.
B. 
Oxygen apparatus face masks shall not be used by more than one person and must be destroyed or sanitized after such every use.
C. 
All ambulances on the streets of the Town of Cheektowaga shall be permanently equipped in a manner in accordance with applicable state and county law and shall contain such additional equipment as may be prescribed by the EMS Board, from time to time.
D. 
After any such ambulance shall have been used for the transportation of any person or persons known to have an infectious disease, such ambulance and its contents shall immediately be cleaned in a manner approved by the EMS Board, and such ambulance shall not again be used until it has been so cleaned. Each ambulance shall be cleaned with a disinfectant solution daily according to procedures established by the Commissioner of Health.
A. 
An application for a driver/attendant's license shall be denied for any of the following reasons:
(1) 
A conviction for any felony.
(2) 
A conviction for any crime, other than a traffic offense, within the preceding 10 years.
(3) 
A conviction for an offense for the violation of laws relating to theft, sex offenses or drug sales or possession within the preceding 10 years.
B. 
An application for a driver's license shall be denied for any of the following reasons:
(1) 
A conviction for driving while ability is impaired, as defined in § 1192, Subdivision 1, of the Vehicle and Traffic Law, or any comparable offense under the laws of another jurisdiction, within the preceding two years.
(2) 
Any series of convictions for traffic offenses which indicates a pattern of disregard for traffic safety.
C. 
The license of an ambulance licensee may be suspended by the Town Board, upon the recommendation of the EMS Board, or revoked for any of the following causes:
(1) 
Failure to comply with the provisions of this chapter or the rules and regulations of the EMS Board.
(2) 
Solicitation of business for attorneys or tow truck companies.
(3) 
Removal and retention of property, money or other assets belonging to a patient.
(4) 
Conviction of crime involving moral turpitude.
D. 
The license of a driver or attendant may be suspended or revoked for any of the following causes:
(1) 
Failure to comply with the provisions of this chapter or the rules and regulations of the Board of Ambulance Service.
(2) 
Solicitation of business for attorneys or tow truck companies.
(3) 
Removal and retention of property, money or other assets belonging to a patient.
(4) 
Unbecoming conduct and abusive language in rendering ambulance service.
(5) 
Unprovoked assaults in the discharge of duties.
(6) 
Consumption of alcohol or drugs while on duty.