[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:
Any vehicle equipped for the care of and used in the transportation
of the wounded, sick, injured, ill or infirm people.
The location where ambulances are stationed and from which they are
dispatched.
[Added 2-19-1986]
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.
The Cheektowaga Emergency Medical Services Board created hereunder.
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.
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.
(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.
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:
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.
