Ordinance No. 12,221ORDINANCE NO. 12,221
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 30 "EMERGENCY SERVICES," ARTICLE
III "EMERGENCY MEDICAL SERVICE," DIVISION 1 "GENERALLY,"
SECTION 30 -91 "DEFINITIONS" AND 30 -93 "APPEALS," SUBSECTION
(A), AND DIVISION 3 "SERVICES," SECTION 30 -152 "PERSONS
AUTHORIZED TO ENGAGE IN SERVICE," SUBSECTION (A) OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS, TO PLACE THE
RESPONSIBILITIES FOR THE ARTICLE UNDER THE FIRE
DEPARTMENT; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE
HUNDRED AND NO 1100 DOLLARS ($500.00); 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 30 "Emergency Services," Article III "Emergency Medical
Service," Division 1 "Generally," Section 30 -91 "Definitions" of the Code of Ordinances,
Baytown, Texas, is hereby amended to revise the definition of "director," which definition shall
read as follows:
CHAPTER 30. EMERGENCY SERVICES
ARTICLE III. EMERGENCY MEDICAL SERVICE
DIVISION 1. GENERALLY
See. 30-91. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Director means the chief of the fire department.
Section 2: That Chapter 30 "Emergency Services," Article III "Emergency Medical
Service," Division 1 "Generally," Section 30 -93 "Appeals," Subsection (a) of the Code of
Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 30. EMERGENCY SERVICES
ARTICLE III. EMERGENCY MEDICAL SERVICE
DIVISION 1. GENERALLY
See. 30-93. Appeals.
(a) Any person wishing to appeal a decision of the EMS coordinator or assistant chief of the
medical division of the fire department on the grounds that the decision misconstrues or
wrongly interprets this chapter may, within 15 days after the decision, appeal the decision
to the director, the EMS medical director and the city's health authority by making
written request to the director. Such request must be filed with the city clerk within 15
days after such person has been notified of the decision of the EMS coordinator and must
set forth in detail the basis of the appeal. The appealing party shall comply with the EMS
coordinator's decision pending appeal unless the EMS coordinator shall direct otherwise.
Section 3: That Chapter 30 "Emergency Services," Article III "Emergency Medical
Service," Division 3 "Services," Section 30 -152 "Persons authorized to engage in service,"
Subsection (a) of the Code of Ordinances, Baytown, Texas, is hereby amended to read as
follows:
CHAPTER 30. EMERGENCY SERVICES
ARTICLE III. EMERGENCY MEDICAL SERVICE
DIVISION 3. SERVICES
Sec. 30 -152. Persons authorized to engage in service.
(a) The operation of emergency medical services vehicles on the city streets for the
furnishing of emergency medical service is declared to be a governmental function of the
city to be performed by the EMS division of the fire department in accordance with this
article. It shall be unlawful for any person, including a medical transfer services provider,
other than employees of the EMS division of the fire department or an agency of the
United States government, while driving emergency medical services vehicles operated
by the emergency division, to furnish or attempt to furnish emergency medical service or
to operate or drive or cause to be operated or driven any medical services vehicles on the
streets of the city for the purpose of furnishing emergency medical service.
Section 4: 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 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 5: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the 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 ot, Circumstances and to this end al I provisions of this ordinance are declared to be
Severable,
Section 6: Any person whcr Fails to comply with any provision of this ordinance shall
be gUilty of' as misdemeanor and, Upon conviction, shall be JILMished by a fine not exceeding
FIVE' 111-INDRE."D AND NO /100 DOLLARS ($500.00). Each act ol'violation and each day
UIVII which any such violatioll Shall OCCUr shall COIISIiIUte a separate (ATense. In addition to the
penah), prescribed above, the city mav pursue other remedies SLICII as abatemcn( of nuisances,
iII.➢LIIICtiVC I'CIiCt*, administrative adjUdication and revocation of licenses or pern,iits.
Section 7: "I'llis ordinance shall take effect from and after len (1(1) days from its
passage b)' tile City' COLIIICil. 1 h CitY C"lerk is hereby directed to Live notice hereofbv causing
the caption cwt` this ordinance to be published In the official newspaper of the ity, of' Baytown at
least twice within ten ( 10) days after pzissage ofth is ordinance.
INTRODUCED, RFAD, and PASSFA) by the affirmative vote of the City Council of the
aytown, this the 28"' ckiy of'March, 2013,
City of' 11,
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APPROVPID AS TO FORM:
r`[() RAMIREIZ, SR., Cit 0 "WO1,11c),
R 'Kmco\hW(,)Iy 291,Chaplcr 30 MIS Oidimince - Fire.doc
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