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(A) It shall be unlawful:
(1) To knowingly give false information to induce the dispatch of an ambulance or aeromedical transportation unit.
(2) To perform duties as an ECA, EMT, Paramedic or emergency ambulance dispatcher without current credentials issued by the Office of the Medical Director, unless participating in a training program approved by Office of the Medical Director;
(3) To permit a person to work as an ECA, EMT, Paramedic or emergency ambulance dispatcher without current credentials issued by the Office of the Medical Director, unless participating in a training program approved by Office of the Medical Director;
(4) To use, or cause to be used, any ambulance service other than the authority, except as permitted in division (B) below;
(5) For any person or entity other than the authority to provide ambulance service within this jurisdiction, unless pursuant to a written agreement with the authority;
(6) For any person to provide medical transportation originating in the service area without a permit issued by the authority;
(7) For any agency to provide first responder services without a first responder permit issued by the authority, unless pursuant to a first responder agreement with the authority or a written automatic aid or mutual aid agreement with this jurisdiction;
(8) To use an ambulance for the transportation of persons other than in connection with the transportation of a patient.
(B) It shall be a defense to any alleged violation of this section that a vehicle is being used or service is provided solely in any of the following manners:
(1) As a privately owned vehicle not ordinarily used in the business of transporting persons who are sick, injured, wounded, incapacitated or helpless;
(2) Rendering service as an ambulance at the request of the EMS Communications Center upon the declaration of a disaster by this Jurisdiction, the State of Texas, or the United States; or a declaration of a major catastrophe or extreme system overload by the Chief Executive Officer of the Authority;
(3) Any ambulance owned or operated by the federal or state government;
(4) Ambulance mutual aid calls when rendered pursuant to an ambulance mutual aid agreement approved by the authority;
(5) Special event ambulance standby coverage, so long as such service is provided without charge by an emergency medical services volunteer provider, as defined in Tex. Health and Safety Code § 773.003(13), or the Authority has first declined to provide coverage and the entity providing coverage has been issued a permit by the authority;
(6) Wheelchair transport services for persons other than patients, when the service is not provided by ambulance; and
(7) Medical transportation of a patient where the transport originates outside the service area.
(Ord. 258, passed 8-14-2003; Ord. 394, passed 1-12-2017)
When the driver of an emergency medical response vehicle has reasonable grounds to believe that an emergency exists, as determined by the EMS Communication Center, the vehicle shall be treated as an "authorized emergency vehicle" within the meaning of Chapter 546 of the Tex. Transp. Code and shall be exempt from traffic laws as provided therein.
(Ord. 258, passed 8-14-2003; Ord. 394, passed 1-12-2017)
PUBLIC SMOKING
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AIR PURIFICATION SYSTEM. An electrically powered, hospital grade, hepa media filter that will clean all of the air in the designated smoking area every 15 minutes as follows: not less than 95% of three-tenths micron particulates efficiency including dust, smoke, pollen, mold spores, bacteria, tobacco smoke, viruses, and allergens and not less than 95% removal of gases, vapors, volatile organic compounds (V.O.C.), and odors.
AIR VENTILATION SYSTEM. An HVAC system designed by a licensed professional engineer to meet the requirements of the town mechanical code.
HEALTH CARE FACILITY. Any office or institution providing individual care or treatment of human medical, physiological, or psychological illness, which definition shall include, but not be limited to, hospitals, doctor’s offices, nursing and convalescent homes, and senior citizens residential facilities.
NET FLOOR AREA. The portion of the interior of a facility that is normally utilized by the public. It shall not include restroom facilities, waiting areas, or public telephone areas.
PERSONS. Any individual, firm, partnership, association, corporation, company, or organization of any kind.
PUBLIC FACILITY. Any public meeting room, office, conference area, or public service area owned, operated, or used by the Town of Lakeside.
RESTAURANT. Any structure or premises where the principal activity involves the serving of prepared food with or without alcohol for customers on-premises or off-premises consumption. Cafeterias and lunch counters are included in this definition while drive-in eating establishments are not.
SMOKING. The lighting, holding, carrying of, inhaling, and exhaling of the smoke of a tobacco, herb, or other leaf product, which definition includes, but is not limited to, the carrying or holding of a lighted pipe, cigar, or cigarette of any kind or any other lighted smoking equipment or device.
(Ord. 250, passed 6-12-2003)
Smoking is unlawful in the following public places during the hours in which they are open to the public:
(A) Restaurants, except for designated smoking areas as hereafter established;
(B) Public facilities;
(C) Establishments which an owner or occupier has clearly designated as a nonsmoking premise or facility; and
(D) Health care facilities.
(Ord. 250, passed 6-12-2003) Penalty, see § 30.999
(A) An owner or operator of a restaurant may declare the entire facility as a nonsmoking facility and smoking therein is and shall be prohibited.
(B) An owner or operator of a restaurant may declare that a portion of the facility is a smoking area and, upon compliance with the provisions of this subchapter, smoking within the designated area shall be permitted.
(C) A designated smoking area may not exceed 30% of the net floor area of a restaurant.
(D) There shall be constructed and maintained a physical barrier separating the smoking and nonsmoking areas. The barrier must extend from floor to ceiling or the smoking area must be located on completely separate floors of a facility with the smoking area to be on the upper level. The barrier must extend through suspended ceilings and interstitial structural and mechanical areas. There shall be tight fitting doors leading from one area to another.
(E) In the designated smoking areas as herein defined of any restaurant which has provided a designated smoking area, the smoking area shall be equipped with a functional air purification system or functional separate ventilation system, as defined.
(1) The systems shall have a negative pressure on the area designated for smoking to prevent air from a smoking area to be drawn across or into the nonsmoking area.
(2) All air ventilation systems in the designated smoking area shall provide the total air exchange every 15 minutes and shall exhaust that air to the exterior of the building.
(3) A sign must be posted on the premises at each entrance and in two conspicuous places to advise the public that smoking is permitted in the designated smoking area only.
(Ord. 250, passed 6-12-2003) Penalty, see § 30.999
(A) An owner or occupier of any facility to which the general public is normally invited (such as, but not limited to, retail stores, movie theaters, churches, grocery stores) may declare that the facility is a nonsmoking facility and smoking therein is and shall be prohibited.
(B) An owner or occupier desiring to declare the facility as nonsmoking shall do so by posting a clearly conspicuous nonsmoking sign at each entrance to the facility.
(Ord. 250, passed 6-12-2003)
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