Ordinance No. 7,225950209 -3
ORDINANCE NO. 7225
• AN ORDINANCE AMENDING CHAPTER 10, "EMERGENCY MEDICAL
SERVICE," SECTION 10 -1 "DEFINITIONS," OF THE CODE OF
ORDINANCES, CITY OF BAYTOWN, TEXAS; AMENDING CHAPTER 10,
"EMERGENCY MEDICAL SERVICE," BY ADDING SECTION 10 -5
"PERSONS AUTHORIZED TO ENGAGE IN EMERGENCY AMBULANCE
SERVICE," SECTION 10--6 "GENERAL AUTHORIZATION," SECTION
10 -7 "USE OF SIGNS OR FLASHING EMERGENCY LIGHTS, " SECTION
10 -8 "STRUCTURAL AND LICENSING REQUIREMENTS," SECTION
10 -9 "REQUIRED EQUIPMENT," SECTION 10 -10 "DISPLAY OF
NAME, " AND SECTION 10-11 "PENALTY FOR VIOLATIONS, " TO THE
CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 10, "Emergency Medical Service,"
Section 10 -1, "Definitions," of the Code of Ordinances, City of
Baytown, Texas, is hereby amended to read as follows:
Sec. 10 -1. Definitions.
Additional service area. That area north of the corporate
limits of the City of Baytown as designated on the additional
emergency medical service area map which is on file with the
city clerk's office, less any area within such designated
boundaries that is within the city limits as defined in this
chapter.
Ambulance. Any vehicle used, designed, or redesigned for the
purpose of transporting the sick and injured.
City limits. For the purposes of this chapter, the city
limits shall be that area in the City of Baytown within its
corporate limits, plus the plant sites of those industries
which have industrial district agreements with the City of
Baytown, whether or not such plant site is within or without
the corporate limits of the City of Baytown.
Direct transport. Transporting a patient from the scene of an
accident or location to a facility capable of providing
appropriate care.
Emergency ambulance. An ambulance used, designed, or
redesigned, and equipped for the primary purpose of
transporting sick or injured persons under emergency
circumstances, rendering of first aid or the performance of
• rescue work, or:both, under such circumstances.
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• Emergency circ stances. The existence of circumstances in
which the elements of time and expeditious transporting of an
injured person for medical or surgical treatment are essential
to the health or life of such person, in which rescue
operations or competent first aid or both at the place of the
emergency may be essential to the health or life of such
person.
Emergency medical service. A trip made by an emergency
ambulance under emergency circumstances to the place of
emergency, performance of the necessary rescue operations,
rendering of any necessary first -aid assistance and trip to
the hospital or other place for medical attention. An
emergency ambulance shall be considered on an emergency
medical service, call when it is responding to a call for
emergency assistance even though, upon arrival at the place of
the emergency, it is found no further emergency medical
assistance is required or when it is responding to a call for
routine service and during such trip, emergency circumstances
develop (whether because the call for assistance was falsely
made, or otherwise).
Person. The (term "person" includes partnership, firm,
association, and corporation.
Section 2: That Chapter 10, "Emergency Medical Service," of
the Code of Ordinances, City of Baytown, Texas, is hereby amended
by adding Section 10 -5 "Persons authorized to engage in emergency
ambulance service," to read as follows:
Sec. 10 -5. Persons authorized to engage in emergency
ambulance service.
(a) The operat on of emergency ambulances on the streets of
the city �cr the furnishing of emergency ambulance
service is hereby declared to be a governmental function
of the city to be performed by the EMS division in
accordance with the terms of this chapter. It shall be
unlawful for any person or persons, other than members of
such EMS division, while driving emergency ambulances
operated by the EMS division, to furnish or 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.
(b) It is an affirmative defense to prosecution under
subsection (a) if:
(1) The persons operating an ambulance upon responding
• to a direct call for ambulance service determine
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• 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 for the EMS
communications center;
(2) 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 44470, 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) 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 EMS communications center.
(4) The emergency ambulance service was provided at the
request of the EMS communications center 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 EMS
communications center of the conditions requiring the
operation of the vehicle in emergency ambulance service, the
location in which he is proceeding under emergency ambulance
service, and obtain permission for such trip from the EMS
communications center. Each ambulance 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 paragraph (3) and (4) above
is shall comply with all requirements of this chapter regarding
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• emergency ambulances of every nature. Upon arriving at the
destination, the ambulance driver or operator will again
notify the EMS communications center that they have arrived
and is no longer is emergency ambulance service. When the
driver or operator of an ambulance is responding to a direct
call for ambulance service under emergency conditions, he
shall inform the EMS communications center of the location of
such call and all information as he may have concerning the
circumstances surrounding the request for service. If the EMS
communications center reports that EMS is either enroute 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 EMS communications center.
Section 3: That Chapter 10, "Emergency Medical Service," of
the Code of Ordinances, City of Baytown, Texas, is hereby amended
by adding Section 10 -6 "General authorization," to read as follows:
Sec. 10 -6. General authorization.
Nothing herein shall prohibit any person owning an
ambulance duly licensed and operated in accordance with
Article 4447o, V.T.C.S., from operating such ambulance on the
public streets for the purpose of furnishing ambulance service
only. The driver or operator 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.
Section 4: That Chapter 10, "Emergency Medical Service," of
the Code of Ordinances, City of Baytown, Texas, is hereby amended
by adding Section 10 -7 "Use of signs or flashing emergency lights,'"
to read as follows:
Sec. 10 -7. 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.
Section 5: That Chapter 10, "Emergency Medical Service," of
the Code of Ordinances, City of Baytown, Texas, is hereby amended
by adding Section 10 -8 "Structural and licensing requirements," to
• read as follows:
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. Sec. 10 -8. 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 licensed in accordance with
Article 44470, V.T.C.S.
Section 6: That Chapter 10, "Emergency Medical Service," of
the Code of Ordinances, City of Baytown, Texas, is hereby amended
by adding Section 10 -9 "Required equipment," to read as follows:
Sec. 10 -9. 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
as set out in accordance with Article 4447o, V.T.C.S.
Section 7: That Chapter 10, "Emergency Medical Service," of
the Code of Ordinances, City of Baytown, Texas, is hereby amended
by adding Section 10 -10 "Display of name," to read as follows:
Sec. 10 -10. Display of name.
All ambulances shall have the name of the ambulance
service displayed on both exterior sides.
Section 8: That Chapter 10, "Emergency Medical Service," of
the Code of Ordinances, City of Baytown, Texas, is hereby amended
by adding Section 10 -11 "Penalty for violations," to read as
follows:
Sec. 10 -11. Penalty for violations.
Any person violating any of the provisions of this
chapter shall, upon conviction, by punished by a fine not to
exceed Two Hundred and No /100 Dollars ($200.00). In addition,
the city attorney is hereby authorized to file suit in any
court of competent jurisdiction to enjoin any persons from
violating or causing to be violated any of the provisions of
this chapter.
Section 9: All ordinances or parts of ordinances inconsistent
with the terms of this ordinance are hereby repealed; provided
however, that such repeal shall be only to the extent of such
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• inconsistency and in all other respects this ordinance shall be
cumulative of other ordinances regulating and governing the subject
matter covered by this ordinance.
Section 10: If any provisions, section, exception, subsection,
paragraph, sentence, clause or phrase of this ordinance or the
application of same to any person or set of circumstances, shall
for any reason be held unconstitutional, void or invalid, such
invalidity shall not affect the validity of the remaining
provisions of this ordinance or their application to other persons
or sets of circumstances and to this end all provisions of this
ordinance are declared to be severable.
Section 11: This ordinance shall take effect from and after
ten (10) days from its passage by the City Council. The City
Clerk is hereby directed to give notice hereof by causing the
caption of this ordinance to be published in the official
newspaper of the City of Baytown at least twice within ten (10)
days after passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 9th day of February,
1995.
PETE C. ALF O, Mayor
ATTEST:
EILEEN P. HAIL, City Clerk
APPROVED AS TO FORM:
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PWACIO RAMIREZ, SRQ City Attorney
• legal/ counci llfebruary/2- 9- 95amdC HAP 10ems
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