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ORDINANCE NUMBER 3399 AN ORDINANCE CREATING CHAPTER 5.45 MISSOULA MUNICIPAL CODE ENTITLED "AMBULANCE SERVICES" SECTIONS 5.45.010 THROUGH 5.45.100 TO ESTABLISH REGULATIONS FOR AMBULANCE BUSINESSES OPERATING IN THE CITY OF MISSOULA AND REPEALING CHAPTER 5.44 MISSOULA MUNICIPAL CODE ENTITLED "AMBULANCES" IN ITS ENTIRETY. BE IT THAT CHAPTER 5.44 SECTIONS 5.44.010 THROUGH 5.44.070 IS HEREBY REPEALED; AND BE IT FURTHER ORDAINED THAT CHAPTER 5.45, SECTIONS 5.45.010 THROUGH 5.45.100 MISSOULA MUNICIPAL CODE BE HEREBY ESTABLISHED AS FOLLOWS Chapter 5.45 Ambulance Services Sections 5.45.010 Purpose 5.45.020 Authority 5.45.030 Definitions 5.45.040 License Required 5.45.050 Standards for License 5.45.060 Performance Contract Required 5.45.070 Suspension of License and Performance Contract 5.45.080 Notice and Hearing Required for Cancellation and Termination 5.45.090 Exemptions 5.45.100 Violation and Penalty SECTION 1. 5.45.010 Purpose. The purpose of this chapter is to: A. Allow for the orderly and lawful operation of ambulance services in the city; B. Enact regulations and policies necessary for the safety and well-being of the public in regard to ambulance services in the city. SECTION 2. 5.45.020 Authority. As authorized by Montana state law, Title 7, Chapter 34, Part 1 M.C.A. entitled “Ambulance Services”, the city through its governing body may establish and maintain ambulance service for the city or may contract for ambulance services pursuant to the provisions of this chapter. SECTION 3. 5.45.030 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section. A. “Ambulance” shall have the same meaning as defined in Montana state law, 50-6-302, M.C.A. B. "Ambulance business" means the business of owning, operating, managing or maintaining any ambulance service for receiving or picking up within the city for medical purposes handicapped, wounded, injured, ill or sick persons for transportation to any point within or without the city. C. "License" means the city business license or renewed business license issued to any party to engage in the ambulance business. ---PAGE BREAK--- D. “Ambulance service performance contract” means a binding agreement between the ambulance business and the City of Missoula containing performance criteria and other provisions designed to promote public safety and protect the public interest. SECTION 4. 5.45.040 License Required. A. No person shall engage in the ambulance business without first obtaining a license as provided in this chapter. The license fee shall be as determined in Chapter 5.08. All such licenses shall be for a city business licensure year or the remainder thereof. A license may be renewed annually subject to compliance with the provisions of this chapter. A license shall be non-transferable. B. Any ambulance business licensed by the city as of the effective date of this ordinance shall be allowed to renew their license subject to compliance with the provisions of this chapter. No license shall be issued under this chapter to any new applicant unless the city council determines that another ambulance business is in the public interest and that the applicant is able to perform such services, and to operate in compliance with Montana law and the provisions of this chapter. C. If the city council finds another ambulance business to be in the public interest and that the applicant is able to perform such services in compliance with Montana law and the provisions of this chapter, the city council shall authorize the issuance of a license to the new applicant. If the city council does not find an additional ambulance business to be in the public interest or that the applicant is unable to perform such services in compliance with Montana law or the provisions of this chapter, the application shall be denied. SECTION 5. 5.45.050 Standards for license. An ambulance business shall meet all applicable standards and requirements of Montana state law, Title 50, Chapter 6, M.C.A. and Title 37, Chapter 104, A.R.M. It shall be unlawful for anyone to operate an ambulance business within the city if the ambulance business is not in compliance with the provisions of Montana state law and this chapter. SECTION 6. 5.45.060 Performance Contract Required A. No person shall engage in the ambulance business without entering into an ambulance service performance contract with the city as provided in this chapter. B. Any ambulance business operating within the city as of the effective date of this ordinance shall have a period of one hundred twenty (120) days to meet the requirements of this chapter. If an existing ambulance business does not fulfill the requirements of this chapter, the city reserves the right to solicit competitive bids for another ambulance service provider in accordance with Montana state law. C. The performance contract shall be non-transferable. D. The performance contract may contain operating and reporting requirements, performance criteria, penalties for violations of the agreement, and other provisions as deemed appropriate by the city. E. The performance contract shall contain provisions, such as a performance bond requirement, designed to assure continuity of ambulance services in the event of default or breach of contract by the ambulance business and any subsequent suspension or termination by the city. F. Pursuant to the statutory duties of the mayor to administer the affairs of city government, supervise the discharge of official duty by city employees and carry out the policies established by the city council, the mayor shall be responsible for administering the performance contract, except for those policy function determinations expressly reserved to the city council within the provisions of the performance contract. ---PAGE BREAK--- G. In the event ambulance services within the city are terminated, either voluntarily by a contracted ambulance business or by city council action, the mayor shall take such action as he/she determines is necessary for the continued provision of ambulance services. Emergency action taken by the mayor must be ratified and approved by the city council within 30 calendar days to remain valid. SECTION 7. 5.45.070 Suspension of License and Performance Contract. The city council may suspend a license and the performance contract if it finds that the ambulance business has: A. Violated state law, city ordinance, or the terms of the ambulance performance contract; and, B. Failed or refused to remedy or correct the violation in accordance with the provisions of the ambulance performance contract. SECTION 8. Section 5.45.080 Notice and Hearing Required for Cancellation and Termination. A. The city council shall not cancel a license or terminate the performance contract without: 1. First having given the ambulance business reasonable opportunity to correct any breach or deficiency as provided for in the performance contract. 2. Delivery to the ambulance business a written statement of the grounds for termination and the charge involved. 3. An opportunity for the ambulance business to answer questions before the city council in a public meeting and demonstrate why they think the agreement should not be terminated. SECTION 9. 5.45.090 Exemptions. The provisions and requirements of this article shall not apply to: A. The fire department of the city; B. Any ambulance service operating outside the city that in the course of providing such services, transports a patient from outside the city into or through the city; C. Any ambulance service that is providing such services under a mutual or automatic aid agreement with the city; D. Nonemergency transport service provided by a hospital as defined in Montana state law, Section 50-5-101, M.C.A. that transports its admitted patients to another hospital building wholly owned by that hospital; E. Air ambulance services provided by a hospital as defined in Montana state law, Section 50-5-101, M.C.A. SECTION 10. 5.45.100 Violation and Penalty. Any person who operates an ambulance business within the city without a city license and without entering into a performance contract with the city in accordance with the provisions of this chapter, shall be deemed guilty of a misdemeanor and upon conviction thereof may be fined up to five hundred dollars for each offense. Each day an offense exists shall constitute a separate and distinct offense. There shall be no imprisonment as a penalty for a violation of this chapter. CODIFICATION This chapter shall be codified as Chapter 5.45.010 through 5.45.100 Missoula Municipal Code. ---PAGE BREAK--- REPEALER Chapter 5.44.010 through 5.44.070 are hereby repealed upon the effective date of this ordinance. EFFECTIVE DATE The effective date of this ordinance shall be June 10, 2009. SEVERABILITY If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase and words thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or words have been declared invalid or unconstitutional, and if for any reason this ordinance should be declared invalid or unconstitutional, then the remaining ordinance provisions will be in full force and effect. PASSED by a 12 ayes, 0 nays, 0 abstention, and 0 absent vote; and APPROVED by the Mayor this day 11th of May, 2009. ATTEST: APPROVED: Martha L. Rehbein John Engen Martha L. Rehbein John Engen City Clerk Mayor (SEAL)