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Battle Creek Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF BATTLE CREEK MICHIGAN
PREMILINARY UNIT
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
TITLE TWO - Business Regulation
CHAPTER 802 Licensing in General; Fees, Bonds and Insurance
CHAPTER 803 Alarm Systems
CHAPTER 804 Ambulance Services
CHAPTER 805 Amusement Devices
CHAPTER 806 Auctions and Auctioneers
CHAPTER 808 Bowling Alleys
CHAPTER 810 Cable Television
CHAPTER 812 Carnivals and Shows
CHAPTER 814 Downtown Business District Regulations
CHAPTER 815 Special Events
CHAPTER 816 Circuses
CHAPTER 817 Commercial Quadricycles
CHAPTER 818 Hotel, Motel, and Tourist Home
CHAPTER 819 Electric Skateboards/Electric Scooters
CHAPTER 820 Commercial Airlines
CHAPTER 822 Commercial Businesses
CHAPTER 824 Dances and Dance Halls
CHAPTER 826 Fumigators
CHAPTER 827 Garage Sales
CHAPTER 828 Gasoline Stations
CHAPTER 829 Limousine Services
CHAPTER 830 Mechanical Amusement Devices
CHAPTER 831 Liquor Licenses
CHAPTER 832 Mechanical Amusement Rides
CHAPTER 833 Medical Marihuana Facilities
CHAPTER 834 Open Parking Stations
CHAPTER 835 Adult Use Marihuana Establishments
CHAPTER 836 Pawnbrokers; Secondhand Goods and Junk Dealers
CHAPTER 838 Peddlers
CHAPTER 840 Pool and Billiard Rooms
CHAPTER 841 Precious Metal and Gem Dealers
CHAPTER 842 Rental Housing
CHAPTER 844 Shooting Galleries, Target Areas and Gun Clubs
CHAPTER 845 Sidewalk Cafes
CHAPTER 846 Skating Rinks
CHAPTER 848 Solicitors
CHAPTER 850 Taxicabs
CHAPTER 852 Tent Shows and Meetings
CHAPTER 854 Theaters
CHAPTER 856 Theme and Recreation Parks
CHAPTER 858 Transient Merchants
CHAPTER 860 Tree Trimming, Cutting or Removing
CHAPTER 862 Used Motor Vehicle Sales Lots
CHAPTER 864 Vendors
CHAPTER 866 Drop Boxes
TITLE FOUR - Taxation
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
CHAPTER 804
Ambulance Services
   EDITOR'S NOTE: Original Chapter 804 was repealed by Ordinance 31-85, passed October 15, 1985. New Chapter 804 was enacted by Ordinance 14-90, passed June 5, 1990.
804.01   Purpose.
804.02   Definitions.
804.03   License required.
804.04   Standards for ambulance operation license.
804.05   Application for license.
804.06   Transfer, renewal and revocation of license.
804.07   Inspections and investigations.
804.08   Board of Appeals.
804.99   Penalty.
   CROSS REFERENCES
   Ambulance drivers - see M.C.L.A. Secs. 41.711a, 41.711b, and 418.161
   Fees of local government units - see M.C.L.A. Sec. 333.20948
   Ambulances generally - see M.C.L.A. Secs. 333.20902 et seq.
   Emergency medical services - see M.C.L.A. Secs. 333.20901 et seq., 691.1501, 691.1502
   Department of Emergency Service - see ADM. Ch. 236
   Licensing in general; fees, bonds and insurance - see B.R. & T. Ch. 802
804.01 PURPOSE.
   The transportation of sick or injured persons by public or private ambulances is a matter closely affecting the public health, safety and welfare. It is recognized that only by requiring all ambulance operations to meet the same standards of care can the practice of ambulance companies operating without full advanced mobile emergency care service, concentrating on answering nonemergency calls or cutting back on equipment and training to the economic detriment of companies with full emergency capacity and to the general detriment of persons in need of emergency care, be prevented. The State permits municipalities to regulate ambulance and life support emergency care service. Therefore, it is the intention of this chapter to require ambulances and the mobile emergency care providers operating within the City, unless otherwise exempted, to provide advanced mobile emergency care service as a prerequisite to licensure.
(Ord. 14-90. Passed 6-5-90; Ord. 06-2010. Passed 6-15-10.)
804.02 DEFINITIONS.
   As used in this chapter:
   (a)   “Advanced Life Support emergency care service” means patient care that may include any care a paramedic is qualified to provide by paramedic education that meets the educational requirements established by the department under section 20912 (M.C.L.A. Section 333.20912) or is authorized to provide by the protocols established by the local medical control authority under section 20919 (M.C.L.A. Section 333.20919) for a paramedic.
   (b)   “Ambulance” means a motor vehicle or rotary aircraft that is primarily used or designated as available to provide transportation and basic life support, limited advanced life support, or advanced life support.
   (c)   “Ambulance operation” means a person licensed by the Department to provide emergency medical services and patient transport, for profit or otherwise.
   (d)   “Basic Life Support” means patient care that may include any care an emergency medical technician is qualified to provide by emergency medical technician education that meets the educational requirements established by the department under section 20912 (M.C.L.A. Section 333.20912) or is authorized to provide by the protocols established by the local medical control authority under section 20919 (M.C.L.A. Section 333.20919) for an emergency medical technician.
   (e)   “Code” means the Michigan Public Health Code.
   (f)   “Department” means the Michigan Department of Public Health.
   (g)   “Disaster” means an occurrence of imminent threat of widespread or severe damage, injury or loss of life or property resulting from a natural or man-made cause, including, but not limited to, fire, flood, snow, ice, windstorm, wave action, oil spill, water contamination, requiring emergency action to avert danger or damage, utility failure, hazardous peacetime radiological incident, major transportation accident, hazardous materials accident, epidemic, air contamination, drought, infestation or explosion. Disaster does not include a riot or other civil disorder unless it directly results from and is an aggravating element of the disaster.
   (h)   “Emergency patient” means an individual with a physical or mental condition that manifests itself by acute symptoms of sufficient severity, including, but not limited to, pain such that a prudent layperson, possessing average knowledge of health and medicine, cold reasonably expect to result in one or more of the following:
      (1)   Placing the health of the individual, or, in the case of a pregnant woman, the health of the patient or the unborn child, or both, in serious jeopardy.
      (2)   Serious impairment of bodily function.
      (3)   Serious dysfunction of a body organ or part.
(Ord. 14-90. Passed 6-5-90.)
   (i)   “License” means an authorization, annual or as otherwise specified, granted by the Department and evidenced by a certificate of licensure or permit granting permission to a person to establish or maintain and operate, or both, an ambulance operation. The term also includes a license issued to an individual under Part 209, or its predecessor, Part 207, of the Code, and licensure pursuant to this chapter.
(Ord. 5-91. Passed 4-2-91.)
   (j)   “Licensed EMS provider” means an individual who is a medical first responder, emergency medical technician, emergency medical technician specialist, or paramedic, as those terms are defined in sections 20904 to 20908 of the public health code, 1978 PA 368, M.C.L.A. 333.20904 to 333.20908.
   (k)   “Licensed personnel” includes the following:
      (1)   “Certified advanced cardiac life support provider” means a person who is certified as having completed and passed an American Heart Association advanced cardiac life support course.
(Ord. 14-90. Passed 6-5-90.)
      (2)   “Emergency medical technician” means an individual who is licensed by the Department or otherwise approved by the Department to provide basic life support.
      (3)   “Emergency medical technician specialist” means an emergency medical technician who has met the requirements of additional training prescribed by the Department and is licensed by the Department to provide limited advanced life support.
      (4)   “Medical first responder” means an individual who has met the educational requirements of a department approved medial first responder course and who is licensed to provid medical first response life support as part of a medical first response service or as a driver of an ambulance that provides basic life support services only. Medical first responder does not include a police officer solely because his or her police vehicle is equipped with an automated external defibrillator.
      (5)   “Paramedic” means an individual licensed by the Department to provide advanced life support.
(Ord. 5-91. Passed 4-2-91.)
   (l)   “Medical Control Authority” means an organization designated by the department under section 20910(1)(g) (M.C.L.A. Section 20910(1)(g)) to provide medical control.
   (m)   “Nonemergency patient” means an individual who is transported by stretcher, isolette, cot or litter, but whose physical or mental condition is such that the individual may reasonably be suspected of not being in imminent danger of loss of life or of significant health impairment.
   (n)   “Nonemergency transporting vehicle” means a motor vehicle primarily used or designated as available to provide nonemergency transportation to, from or between health facilities to nonemergency patients.
   (o)   “Patient” means an emergency patient or nonemergency patient, or both.
   (p)   “Person” means an individual, partnership, cooperative, association, private corporation, personal representative, receiver, trustee, assignee or any legal or governmental entity other than an agency of the United States, unless specifically provided.
   (q)   “Priority 1 Emergency Call” means life-threatening or potentially life threatening emergencies.
   (r)   “Priority 3 Emergency Call” means a non-life threatening emergency.
   (s)   “Rule” means a rule promulgated by the Department.
   (t)   “Vehicle” means an ambulance or nonemergency transporting vehicle.
(Ord. 14-90. Passed 6-5-90; Ord. 06-2010. Passed 6-15-10; Ord. 08-2019. Passed 6-18-19.)
804.03 LICENSE REQUIRED.
   (a)   No person shall, as an owner, agent or otherwise, furnish, operate, conduct, advertise or otherwise be engaged in the operation of an ambulance or ambulance operation upon any street, highway, alley, public way or public place in the City without having obtained a license as provided for in this chapter.
   (b)   No person shall operate, or cause to be operated, any ambulance, public or private, or any other vehicle commonly used for the transportation or conveyance of sick or injured persons upon the streets of the City until and unless such person is currently licensed by the Department and meets all requirements of State statutes and the rules of all applicable State agencies.
   (c)   A license as provided for in this chapter shall not be required for the following:
      (1)   An ambulance operated by an agency of the United States.
      (2)   A vehicle from another State or Canada, as long as the vehicle is performing a requested service and its trip does not begin and end in the City.
      (3)   An ambulance owned and operated by a person solely for the transportation of that person's employees for injury or illness sustained in the course of their employment.
      (4)   Vehicles requested or required by a governmental entity to provide patient aid in case of large scale public disaster.
      (5)   A vehicle used for the transportation or conveyance of any patient from outside the limits of the City to a location inside the limits of the City.
      (6)   A vehicle used to transport or convey any patient from any location inside the limits of the City to a destination outside the limits of the City.
      (7)   Any specialized ambulance, when requested by a physician, that is designed to provide a service that an advanced mobile emergency care service is not capable of or is not routinely engaged in, such as, but not limited to, neonatal care ambulances.
      (8)   An ambulance provided by an ambulance operation not licensed under this chapter, when such is requested by an ambulance operation licensed by this chapter when no vehicle meeting the requirements of this chapter is available to the requesting ambulance operation. Instances occurring under this paragraph shall be submitted on the report required by Section 804.04(f).
(Ord. 14-90. Passed 6-5-90; Ord. 06-2010. Passed 6-15-10.)
804.04 STANDARDS FOR AMBULANCE OPERATION LICENSE.
   Each ambulance operation shall:
   (a)   Comply with all standards, requirements, statutes and rules promulgated and established by the State for ambulance operations.
   (b)   Provide, at a minimum, advanced life support emergency medical service twenty-four hours a day, seven days a week, with vehicles staffed and equipped in compliance with the Code.
   (c)   Charge only such rates for service as have been filed in a Schedule of Rates with the City Clerk at least thirty days prior to the effective date of said rate schedule. Additionally, the licensee shall publish a copy of the Schedule of Rates at least thirty days before its effective date in a newspaper of general circulation in the City.
   (d)   Use only Department-licensed personnel to staff ambulances.
   (e)   Provide ambulance service regardless of a prospective patient's color, actual or perceived race, sex, religion, national origin, ethnic background, physical or mental disability, age, height, weight, marital status, family status, sexual orientation, gender identity or address of service. Further, a licensee shall provide emergency medical care to all patients without prior inquiry into their ability to pay or source of payment.
   (f)   Arrive at a site for service within eight minutes, thirty seconds, from the receipt of a call on a minimum of ninety percent of all Priority 1 emergency calls the ambulance operation receives or is dispatched to within the corporate limits of the City, and arrive at the scene of treatment within fifteen minutes, from receipt of a call on a minimum of ninety percent of all Priority 3 non-life threatening emergency calls the ambulance operation receives or is dispatched to within the corporate limits of the City. The performance criteria of this subsection are to be maintained and submitted to the City Clerk on a monthly basis. Not less than 50 calls shall be used to calculate response time performance. If less than 50 calls occur in a given month, then successive calls from the following month shall be included to reach a total of 50 calls for evaluation. Exceptions to the response time performance criteria include but are not limited to: any multicasualty, natural or man-made disaster situations or any emergency call not handled because an emergency ambulance unit was out of service while providing standby services at the City's request. All exception requests shall be submitted to the city’s designated Emergency Services Coordinator for his or her sole determination as to whether it qualifies as an exception. The failure to comply with these standards for two consecutive months or two out of three consecutive months shall be sufficient grounds for revocation of the license granted by this chapter.
   (g)   Compile an emergency operation plan detailing its role in natural and man-made disasters. The plan will be filed with the Emergency Services Coordinator for the City and periodically updated.
   (h)   Equip and operate ambulance with lights and audible signals in compliance with the provisions of the Michigan Vehicle Code and the Uniform Traffic Code, as adopted by the City for authorized emergency vehicles.
   (i)   Provide advanced life support emergency medical service at all times with any vehicle providing patient transportation and care, except that nonemergency transporting vehicles staffed as providing Basic Life Support patient care may be used by a licensee when providing a service:
      (1)   Described in Section 804.03(c)(5) or 804.03(c)(6); or
      (2)   Where an ambulance operation not licensed under this chapter would be requested pursuant to 804.03(c)(8) but that other service is only capable of providing Basic Life Support patient care, the Licensee under this chapter may provide staffing as Basic Life Support Patient Care so long as any applicable department-approved protocols of the Medical Control Authority covering the geographic region including the City of Battle Creek are followed; or
      (3)   When responding to a call for a nonemergency patient in a situation consistent with the applicable department-approved protocols of the applicable Medical Control Authority covering the geographic region including the City of Battle Creek.
   (j)   Provide firefighter rehabilitation consisting of rest, rehydration, nourishment, and medical evaluation to firefighters, first responders, emergency service personnel, and emergency service volunteers as directed by the City of Battle Creek Fire Department.
   (k)   Actively participate in joint training and instruction for EMS skills enhancement for the Battle Creek Fire Department including but not limited to:
      (1)   Bi-annual CPR certification;
      (2)   Firefighter rehabilitation training;
      (3)   Community based hands only CPR; and
      (4)   Any enhanced skill approved by the Medical Control Authority covering the geographic region including the City of Battle Creek.
(Ord. 14-90. Passed 6-5-90; Ord. 06-2010. Passed 6-15-10; Ord. 08-2019. Passed 6-18-19.)
804.05 APPLICATION FOR LICENSE.
   An application for a license under this chapter shall be made upon forms prepared or prescribed by the City Clerk and shall include the following information:
   (a)   The name, address, telephone number and date of birth of the applicant, all owners of the ambulance operation, proof of current licensure of the ambulance operation pursuant to MCL 333.20920, or its successor, and the person who assumes legal responsibility for the ambulance operation.
   (b)   The trade or fictitious name, if any, under which the applicant does business or proposes to do business, and the color scheme, insignia, name, monogram or other distinguishing characteristics to be used to designate vehicles used in applicant's ambulance service.
   (c)   The degree of training and experience of the applicant in the transportation and care of patients.
   (d)   A description of each vehicle, including the make, model, year of manufacture, vehicle identification number, current license plate number and the odometer reading of each vehicle.
   (e)   The location of the place or places from which the business is intended to operate, including any locations wherein only dispatch or administrative operations are conducted.
   (f)   A signed declaration that the applicant, his or her vehicles and all personnel driving or providing patient care are licensed certified or approved by the Department.
   (g)   Proof of vehicle insurance as required by the State of Michigan.
   (h)   Payment of the license fee as established by the City Commission.
(Ord. 14-90. Passed 6-5-90; Ord. 06-2010. Passed 6-15-10.)
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