(A)   It shall be unlawful for any person to furnish, operate, advertise or otherwise engage or profess to be engaged in the operation of an emergency ambulance within the territorial limits of the City of Harker  Heights unless the person is:
      (1)   A member of a City of Harker Heights EMS unit officially on duty;
      (2)   An employee of a political subdivision or agency of the state; or
      (3)   Any person meeting the requirements of the State Department of Health for personnel, vehicles, and equipment. Responds to a request of the City Fire Department, EMS unit or Director of Emergency Management to lend assistance when a major disaster or other occurrence results in emergency calls exceeding the capability of the city.
   (B)   Defenses.  It is an affirmative defense to prosecution for a violation of this section if it can be shown that:
      (1)   During a non-emergency transfer, the medical condition of the person or persons being transported worsens so that the condition becomes a medical emergency and the private ambulance service proceeds directly to a medical facility as an emergency call; or
      (2)   The defendant was either: (i) participating in an emergency transportation of a person or persons through Harker Heights in transit to a medical facility on a call originating outside the Harker Heights’ primary response area as listed with the Texas Department of Health, or (ii) responding to an emergency call at a location outside Harker Heights’ primary response area.
(Ord. 78-32, passed 9-26-78; Am. Ord. 88-21, passed 9-27-88; Am. Ord. 92-02, passed 1-23-92; Am. Ord. 2000-18, passed 6-13-00; Am. Ord. 2004-25, passed 7-27-04) Penalty, see § 117.99