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The Dallas City Code
CITY OF DALLAS, TEXAS CODE OF ORDINANCES
CHARTER of THE CITY OF DALLAS, TEXAS
VOLUME I
PREFACE
CHAPTER 1 GENERAL PROVISIONS
CHAPTER 2 ADMINISTRATION
CHAPTER 3 ADVERTISING
CHAPTER 4 RESERVED
CHAPTER 5 AIRCRAFT AND AIRPORTS
CHAPTER 5A AIR POLLUTION
CHAPTER 6 ALCOHOLIC BEVERAGES
CHAPTER 6A AMUSEMENT CENTERS
CHAPTER 7 ANIMALS
CHAPTER 7A ANTI-LITTER REGULATIONS
CHAPTER 8 BOARDS AND COMMISSIONS
CHAPTER 8A BOARDING HOME FACILITIES
CHAPTER 9 BICYCLES
CHAPTER 9A BILLIARD HALLS
CHAPTER 9B BUILDING SECURITY
CHAPTER 9C RESERVED
CHAPTER 10 RESERVED
CHAPTER 10A RESERVED
CHAPTER 10B RESERVED
CHAPTER 11 CEMETERIES AND BURIALS
CHAPTER 12 CITY YOUTH PROGRAM STANDARDS OF CARE
CHAPTER 12A CODE OF ETHICS
CHAPTER 12B CONVENIENCE STORES
CHAPTER 13 COURTS, FINES AND IMPRISONMENTS
CHAPTER 13A DALLAS TRANSIT SYSTEM
CHAPTER 14 DANCE HALLS
CHAPTER 14A RESERVED
CHAPTER 14B EMERGENCY MANAGEMENT
CHAPTER 15 RESERVED
CHAPTER 15A ELECTIONS
CHAPTER 15B EQUAL EMPLOYMENT OPPORTUNITY CONTRACT COMPLIANCE
CHAPTER 15C EMERGENCY REPORTING EQUIPMENT AND PROCEDURES
CHAPTER 15D EMERGENCY VEHICLES
CHAPTER 16 DALLAS FIRE CODE
CHAPTER 17 FOOD ESTABLISHMENTS
CHAPTER 18 MUNICIPAL SOLID WASTES
CHAPTER 19 HEALTH AND SANITATION
CHAPTER 19A RESERVED
CHAPTER 20 EARNED PAID SICK TIME
CHAPTER 20A FAIR HOUSING AND MIXED INCOME HOUSING
CHAPTER 21 RESERVED
CHAPTER 22 RESERVED
CHAPTER 23 RESERVED
CHAPTER 24 LIBRARY
CHAPTER 25 LOAN BROKERS
CHAPTER 25A MASSAGE ESTABLISHMENTS
CHAPTER 26 RESERVED
CHAPTER 27 MINIMUM PROPERTY STANDARDS
CHAPTER 28 MOTOR VEHICLES AND TRAFFIC
VOLUME II
VOLUME III
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Division 2. Emergency Medical Services.
SEC. 15D-5.   EMERGENCY AMBULANCE SERVICE PROVIDED BY FIRE DEPARTMENT; FEE.
   (a)   The fire department shall provide all emergency ambulance service within the city.
   (b)   The city shall charge the following fees for emergency ambulance services in the city provided in response to a call received by the fire department requesting the services:
      (1)   $1,473 for each transport of a resident of the city of Dallas to a hospital and $1,868 for each transport of a nonresident of the city of Dallas to a hospital.
      (2)   $125 for treatment of a person who is not transported by ambulance.
      (3)   The reasonable cost of any expendable items that are medically required to be used on a person transported by ambulance or treated without being transported by ambulance, including but not limited to drugs, dressings and bandages, airways, oxygen masks, intravenous fluids and equipment, syringes, and needles.
      (4)   The reasonable cost of any EKG/telemetry that is medically required to be performed on a person transported by ambulance or treated without being transported by ambulance.
      (5)   The reasonable cost of each additional paramedic over two that is medically required to respond to an emergency call.
      (6)   $10 for each loaded mile of transport by ambulance, beginning when the patient is loaded into the ambulance and ending upon arrival at the hospital.
   (c)   The person receiving emergency ambulance service, whether transported by ambulance or treated without being transported by ambulance, and any person contracting for the service shall be responsible for payment of all fees less any reduction in fees received from hardship assistance. In the case of service received by a minor, the parent or guardian of the minor shall be responsible for payment of all fees less any reduction in fees received from hardship assistance on behalf of the qualifying minor.
   (d)   A current list of charges for the items, services, and personnel described in Subsections (b)(3), (4), and (5) must be maintained in the office of the emergency medical services division of the fire department and made available for public inspection during normal business hours.
   (e)   The city manager or his or her designee shall adopt an ambulance hardship assistance policy and the procedures for administering the policy.
(Ord. Nos. 21861; 22565; 24743; 26134; 27353; 29879; 30215; 31289; 31332; 32556)
SEC. 15D-5.1.   MOBILE COMMUNITY HEALTHCARE PROGRAM PROVIDED BY FIRE DEPARTMENT.
   (a)   Findings and purpose.
      (1)   The city incurs significant expense related to the health emergencies of its citizens. Fire department paramedics are especially skilled at providing certain emergency medical services. Many of the emergency medical services provided by fire department paramedics are beneficial in the transport of sick or injured persons, as well as in responding to a person’s perceived need for immediate medical care.
      (2)   The city’s mobile community healthcare program is designed to:
         (A)   support efficient and effective emergency medical services within the city;
         (B)   provide health education to residents;
         (C)   assess living environments that may be dangerous or detrimental to a citizen’s health and could contribute to an emergency situation; and
         (D)   respond to certain emergency medical situations by providing vaccinations and immunizations.
      (3)   The mobile community healthcare program is also intended to promote health and safety by referring mobile healthcare program participants to appropriate professionals and organizations in the community.
      (4)   Because police and fire personnel encounter many individuals while performing their duties, protecting those personnel from communicable diseases using appropriate vaccines or immunizations reduces the spread of such diseases and reduces the number of personnel unavailable to protect the safety of the public.
   (b)   General provisions.
      (1)   Texas Health and Safety Code Chapter 773, as amended, and Title 22 of the Texas Administrative Code Chapter 197, as amended, authorize fire department paramedics that are supervised by a physician licensed to practice medicine in Texas to provide emergency medical services.
      (2)   Under the mobile community healthcare program, fire department paramedics that are under the supervision of a physician licensed to practice medicine in Texas may use emergency medical services vehicles to provide emergency medical services, including immunization and vaccinations, to:
         (A)   individuals that meet criteria established by the director;
         (B)   individuals identified through a contract executed under Paragraph (5) below; and
         (C)   police and fire personnel.
      (3)   The director shall promulgate standard operating procedures regarding emergency medical services provided by fire department paramedics as part of the mobile community healthcare program.
      (4)   A physician licensed to practice medicine in Texas shall develop, implement, and revise protocols and standing delegation orders regarding emergency medical services provided by the fire department paramedics as part of the mobile community healthcare program.
      (5)   The city may enter into contracts with hospitals within Dallas city limits authorizing fire department paramedics, through the mobile community healthcare program, to provide emergency medical services to certain individuals who reside in the city, meet criteria established by a contract, and are designated by the contracting hospital. These contracts with hospitals must:
         (A)   require that any emergency medical services provided by the fire department paramedics shall be provided under the supervision of the individual’s treating physician or the appropriate hospital medical staff and through the exercise of the supervising physician’s independent medical judgment;
         (B)   require that the hospital develop treatment protocols for their discharged individuals receiving emergency medical services from fire department paramedics through the mobile community healthcare program, and that those treatment protocols are deemed by the medical director to be within the scope of the fire department paramedics’ certification;
         (C)   require that any medications prescribed to individuals participating in the mobile community healthcare program will be prescribed by the individual’s treating physician or the appropriate hospital medical staff based on the prescribing physician’s relationship with the individual; and
         (D)   be reviewed and approved as to form by the compliance officer and director of risk management before consideration by city council.
      (6)   Nothing in this chapter shall be construed to restrict a physician from delegating administrative and technical or clinical tasks not involving the exercise of independent medical judgment to those specifically trained individuals instructed and directed by a licensed physician who accepts responsibility for the acts of such allied health personnel. Further, nothing shall be construed to relieve the supervising physician of the professional or legal responsibility for the care and treatment of his or her patients.
   (c)   Fees. The city shall charge a $252 per hour fee to hospitals utilizing emergency medical services in the city to provide mobile community healthcare. (Ord. Nos. 29544; 31332, eff. 10/1/19)
SEC. 15D-5.2.   EMERGENCY MEDICAL SERVICE TRAINING PROGRAM.
   (a)   Findings and purpose. The city partners with Emergency Medical Service ("EMS") training programs throughout the city. Through the partnerships, the city provides students in the programs the opportunity to participate in ride-outs with Dallas Fire-Rescue EMS personnel for the purpose of attaining the necessary training hours required for program completion.
   (b)   Fees. The city shall charge the following fees for all training ride-out services:
      (1)   $75 per emergency medical training internship college district student.
      (2)   $75 per emergency medical training paramedic corporate student. (Ord. 31332, eff. 10/1/19)
SEC. 15D-6.   PRIVATE EMERGENCY AMBULANCE SERVICE REGULATIONS.
   (a)   A person who is not a member of the fire department or of an agency of the United States commits an offense if he furnishes, operates, conducts, maintains, advertises, or otherwise engages in or professes to be engaged in emergency ambulance service within the city, for the purpose of picking up emergency patients within the city, except in the following circumstances:
      (1)   A person shall operate an emergency ambulance within the city to render assistance during a catastrophe or major emergency if requested to do so by the fire alarm dispatcher when city-authorized emergency ambulances are determined to be insufficient in number or inadequate for other reasons.
      (2)   A person may operate an emergency ambulance within the city to render assistance to city- authorized emergency ambulances responding to a mutual aid call if requested to do so by the fire alarm dispatcher.
      (3)   A person may operate an emergency ambulance to a hospital within the city, if:
         (A)   the emergency patient was picked up by the ambulance outside the city limits;
         (B)   the ambulance making the emergency run is licensed and operated in accordance with the Emergency Medical Services Act (Chapter 773, Texas Health and Safety Code), as amended; and
         (C)   the person first notifies the fire alarm dispatcher of the route to be used in the emergency run.
      (4)   A licensee or permittee may operate a private ambulance within the city as a backup emergency ambulance if requested to do so by the fire alarm dispatcher when city-authorized emergency ambulances are not available.
      (5)   A permittee may operate a private ambulance on an emergency run if, upon responding to a direct call for nonemergency private ambulance service, the permittee determines that an emergency exists requiring the sick or injured person to be transported with all practical speed to a hospital and obtains permission from the fire alarm dispatcher to make the emergency run.
      (6)   A permittee may operate a private ambulance on an emergency run if, while performing the service of maintaining a private ambulance at a particular location for a special event, the permittee determines that an emergency exists requiring a sick or injured person to be transported with all practical speed to a hospital and obtains permission from the fire alarm dispatcher to make the emergency run.
      (7)   A permittee may operate a private ambulance on an emergency run to transport vital organs, including, but not limited to, hearts, lungs, kidneys, and eyes, to or from a hospital if the permittee obtains permission from the fire alarm dispatcher.
      (8)   A permittee may operate a private ambulance on an emergency run to transport a newborn or pediatric patient from a lower level skill facility to a higher level skill facility if:
         (A)   the patient’s doctor has determined that an emergency exists;
         (B)   the patient is accompanied by neonate/pediatric transport personnel; and
         (C)   the permittee obtains permission from the fire alarm dispatcher to make the emergency run.
   (b)   Any person who operates a licensed private ambulance on an emergency run under Subsection (a)(5), (6), (7), or (8) shall, within 30 days of each emergency run, submit to the director a report on a form provided for that purpose, describing the circumstances requiring the emergency run. (Ord. 21861)
Division 3. Private Ambulance Service License.
SEC. 15D-7.   PRIVATE AMBULANCE SERVICE LICENSE REQUIRED.
   (a)   A person commits an offense if he operates a private ambulance service within the city without a valid private ambulance service license issued by the director.
   (b)   A person commits an offense if he advertises or causes to be advertised the operation of a private ambulance service that does not have a valid license granted under this article when the advertisement is reasonably calculated to be seen by persons seeking private ambulance service in the city.
   (c)   A person commits an offense if he transports or offers to transport, for compensation, a sick, injured, or deceased person by private ambulance from a location within the city to a location either inside or outside the city without holding or being employed by a person holding a valid license issued under this article.
   (d)   A person commits an offense if he hires or employs a private ambulance service to pick up a sick, injured, or deceased person in the city when he knows the private ambulance service does not have a valid license under this article.
   (e)   It is a defense to prosecution under Subsection (b) that the person was the publisher of the advertising material and had no knowledge that the private ambulance service did not have a valid license under this article. (Ord. 21861)
SEC. 15D-8.   QUALIFICATION FOR PRIVATE AMBULANCE LICENSE.
   (a)   To qualify for a private ambulance license, an applicant must:
      (1)   be at least 18 years of age;
      (2)   be currently authorized to work full-time in the United States;
      (3)   be able to communicate in the English language; and
      (4)   not have been convicted of a crime:
         (A)   involving:
            (i)   criminal homicide as described in Chapter 19 of the Texas Penal Code;
            (ii)   kidnapping as described in Chapter 20 of the Texas Penal Code;
            (iii)   a sexual offense as described in Chapter 21 of the Texas Penal Code;
            (iv)   robbery as described in Chapter 29 of the Texas Penal Code;
            (v)   burglary as described in Chapter 30 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in private or emergency ambulance service;
            (vi)   theft as described in Chapter 31 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in private or emergency ambulance service;
            (vii)   fraud as described in Chapter 32 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in private or emergency ambulance service;
            (viii)   tampering with a govern- mental record as described in Chapter 37 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in private or emergency ambulance service;
            (ix)   public indecency (prostitution or obscenity) as described in Chapter 43 of the Texas Penal Code;
            (x)   the transfer, carrying, or possession of a weapon in violation of Chapter 46 of the Texas Penal Code, or of any comparable state or federal law, but only if the violation is punishable as a felony under the applicable law;
            (xi)   a violation of the Dangerous Drugs Act (Article 4476-14, Vernon’s Texas Civil Statutes), or of any comparable state or federal law, that is punishable as a felony under the applicable law;
            (xii)   a violation of the Controlled Substances Act (Article 4476-15, Vernon’s Texas Civil Statutes), or of any comparable state or federal law, that is punishable as a felony under the applicable law; or
            (xiii)   criminal attempt to commit any of the offenses listed in Subdivision (4)(A)(i) through (xii) of this subsection;
         (B)   for which:
            (i)   less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the applicant was convicted of a misdemeanor offense;
            (ii)   less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the applicant was convicted of a felony offense; or
            (iii)   less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if, within any 24-month period, the applicant has two or more convictions of any misdemeanor offense or combination of misdemeanor offenses;
   (b)   An applicant who has been convicted of an offense listed in Subsection (a)(4), for which the required time period has elapsed since the date of conviction or the date of release from confinement imposed for the conviction, may qualify for a license only if the director determines that the applicant is presently fit to provide private ambulance service. In determining present fitness under this section, the director shall consider the following:
      (1)   the extent and nature of the applicant’s past criminal activity;
      (2)   the age of the applicant at the time of the commission of the crime;
      (3)   the amount of time that has elapsed since the applicant’s last criminal activity;
      (4)   the conduct and work activity of the applicant prior to and following the criminal activity;
      (5)   evidence of the applicant’s rehabilitation or rehabilitative effort while incarcerated or following release; and
      (6)   other evidence of the applicant’s present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the applicant; the sheriff and chief of police in the community where the applicant resides; and any other persons in contact with the applicant.
   (c)   It is the responsibility of the applicant, to the extent possible, to secure and provide to the director the evidence required to determine present fitness under Subsection (b) of this section. (Ord. 21861)
SEC. 15D-9.   APPLICATION FOR LICENSE.
   (a)   To obtain a private ambulance service license, a person must make written application to the director upon a form provided for that purpose. The application must be signed and sworn to by an applicant who is the owner of the private ambulance service. The application must include the following:
      (1)   the name, address, and telephone number of the applicant, the trade name under which the applicant does business, and the street address and telephone number of the business establishment from which the private ambulance service will be operated;
      (2)   the form of business of the applicant and, if the business is a sole proprietorship, partnership, corporation, or association, a copy of the documents establishing the business and the name and address of each person with a direct interest in the business;
      (3)   a statement of the nature and character of the service that the applicant proposes to provide, the facts showing the demand for the service, the experience that the applicant has had in providing such service, and the time period, if any, that the applicant provided such service within the city;
      (4)   an identification and description of any revocation or suspension of a private ambulance service license held by the applicant or business before the date of filing the application;
      (5)   the number and description of vehicles to be operated in the proposed service, including the year, make, model, vehicle identification number, and state license plate number and the class, size, design, and color scheme of each ambulance;
      (6)   documentary evidence from an insurance company indicating a willingness to provide insurance as required by this article;
      (7)   documentary evidence of payment of ad valorem taxes owed on the real and personal property to be used in connection with the operation of the proposed service if the business establishment is located in the city;
      (8)   a list, to be current at all times, of the owners and management personnel of the private ambulance service and of all employees who will participate in private ambulance service, including names, addresses, dates of birth, state driver’s license numbers, and social security numbers;
      (9)   a list of any claims or judgments against the applicant, other owners or management personnel, or employees for damages resulting from the negligent operation of an ambulance or any other vehicle;
      (10)   proof of financial ability and responsibility of the applicant;
      (11)   proof of a license from the Texas Department of Health to operate as an emergency medical services provider;
      (12)   any other information determined by the director to be necessary to the implementation and enforcement of this article or to the protection of the public safety; and
      (13)   a nonrefundable application processing fee of $120.
   (b)   Reserved.
   (c)   A person desiring to engage in private ambulance service shall register with the director a trade name that clearly differentiates that person’s company from all other companies engaging in private ambulance service and shall use no other trade name for the private ambulance service. (Ord. Nos. 21861; 27695; 30215)
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