HomeMy WebLinkAboutOrdinance No. 19929ORDINANCE N0. 19929
AN ORDINANCE CONCERNING BUSINESS REGULATIONS; AMENDING
SECTIONS 2.606, 3.005, 3.050, 3.055, 3.345, 3.862,
3.864, 3.866, AND 3.990 OF THE EUGENE CODE, 1911;
AMENDING AND RENUMBERING SECTIONS 3.115, 3.111, 3.131,
3.134 AND 3.145 OF THAT CODE TO 3.850, 3.852, 3.$54,
3.856, AND 3.858 RESPECTIVELY; AND ADDING NEW SECTIONS
3.210 AND 3.868 TO THAT CODE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Subsection ~ 2 } of Section 2.606 of the Eugene Code, 1911, i s
amended to provide:
2.606 Ambulance Service.
~2~ In the event an ambulance operator's registration lapses or is
cancelled under chapter 3 of this code or it is determined by the city manager
that the community is or will imminently be without ambulance service, the city
manager i s authorized to expend public funds from whatever source to provide
ambulance service to the community unti 1 directed by the counci 1 to cease the
expenditures, unti 1 the counci 1 adopts a suppl emental budget under the Oregon
Local Budget Law, ar unti 1 60 days, whichever i s 1 ess.
Section 2. Section 3.005 of the Eugene Code, 1971, is amended by adding
a definition for "Principal" in alphabetical order under the "General"
definitions of that section; by adding a definition for "Club car service" in
a1 phabet i cal order to the Public Passenger Vehicles definitions under the
"licensed Businesses" definitions, amending the definition of "Public passenger
vehicle," deleting the definition for "limousine" therefrom and inserting it in
alphabetical order under the "Uniform Business Practices" definitions; del et i ng
the definitions for "Ambulance" set forth under the "Licensed Businesses"
definitions, and inserting them i n al phabeti ca] order under the "Uniform Business
Practices" definitions of that Section 3.005; and adding definitions for "Medical
transport vehicle," "Medical transport vehicle operator," and "Medical transport
veh i ci a owner" i n al phabet i cai order under the "Un i farm Business Practices"
Ordi Hance - 1
definitions of Section 3.005, a] 1 to provide:
3.005 Definitions . For the purposes of this chapter, the following words
and phrases shall mean:
Gener 1
Pri nci al . Includes all owners, shareholders, partners,
directors, officers and managers of a bus i Hess,
Licensed Businesses
Pub1 i c P ssen er Veh i c1 es:
Club car service. Vehicular passenger transportation service
provided by a bus i Hess to club members or by a res i dance hams to its
residents.
Pub1 i c risen er vehi c1 e. Any vehicle which i s used for the
transportation of passengers for hire, including, but not limited
to, shuttles, horse-drawn carriages, non-motorized bike cabs, and
taxi cabs . However, the following shal 1 not be considered publ i c
passenger vehicles for the purposes of this chapter:
I . Vehicles, other than shuttles, operated pursuant
to written authority by the city, state, or federal
governments, ar political subdivision thereof ;
2. Vehicles commonly known as rent-a-cars, that are
rented to be driven by the renter or his or her agent;
3. Courtesy car services;
4. Tour bus services;
5. First aid vehicle or medical transport vehicle as
those terms are defined i n section 3.005 of this code;
6. Club car services;
1. limousine, as that term i s defined i n section
3.005 of this code.
Uniform Business Practices
Ambulance:
Ambulance. Any vehicle for hire that i s constructed,
equipped, or regularly provided or offered to be provided for
emergency transportation, or any transportation in the recumbent
position of persons suffering from illness, injury, disability, or
infirmity.
Emer enc .Any non-hospital occurrence or s i tuat i on involving
illness, injury or disability requiring immediate medical or
psychiatric services, wherein delay i n the provision of such
services i s 1 i kely to aggravate the condition and/or endanger
ordinance - 2
personal health or safety.
Emer~a encY _,_,,med_;cal services ~ EMS,,. Those pre-hospital
functions and services that are required to prepare for and respond
to emergencies, including fire apparatus, ambul ance ~ s~ , treatment
communications, evaluation, and public education.
Health care f ac i 1 i t . A hosp i tai , clinic, or extended care
facility that regularly provides medical and/or psychiatric care or
serv ~ ces .
Res onse time. The period of time from receipt of a coil for
assistance until the arrival of EMS providers.
~mous~ne:
Limousine. An unmarked 1 uxury class motor vehicle that i s
operated for hire on a reserved, hourly basis, and used on a
prearranged basis for special or business functions, weddings,
funerals or s i mi 1 ar purposes.
Med i_cal . Tran snort Vehicle:
Medical trans ort vehicle, Any motor vehicle for hire that i s
constructed, equipped or regularly provided for the non-emergency
transportation in the sitting or non-recumbent position of non-
ambulatory, medically impaired persons not requiring the services of
an ambulance as defined i n this chapter.
Medical transport vehicle operator. Any person engaged in the
operation of a meth cal transport vehicle.
Medical transport vehicle owner. Any person engaged i n the
business of providing medical transport vehicle services,
ecti on 3. Subsection ~ l ~ of Section 3.05a of the Eugene Code, 191, i s
amended by adding a new subparagraph ~f} thereto, to provide:
3.054 Business Licenses -Denial or Revocation of License.
~~~ The city may deny or revoke a i icense upon finding that:
~ f } A 1 i cense fee or instal 1 ment payment of a fee has not
been made by the due date.
Section 4. Subsection ~ 1 ~ of Section 3.055 of the Eugene Code, 191I , i s
amended to provide
ordinance - 3
3.055 Business Licenses - Summar Sus ension.
~ 1 ~ Upon determining that a l i tensed activity or device presents
an immediate danger to person or property, or that insurance or bond required by
this code or rut es promulgated hereunder has lapsed, been cancelled, i s
inadequate, or less than the required amount, the city manager may summarily
suspend the l i tense for the activity or device.
Section 5, Anew Section 3.210 is added to the Eugene Code, 1911, to
provide:
3.210 Armed and Unarmed Investi ator - Exem ti on. A person hol di ng a vat id
current detective l i tense f turn the city of Springfield need not
comply with the requirements of sections 3.207 and 3.209 of this code i n order
to perform such services within the city of Eugene. However, prior to so acting,
such ~ persons shall complete the city's application form and pay the required
appl ~cat~on fee.
Section 6. Section 3.345 of the Eugene Code, 1911, is amended by adding
a new Subsection ~9~ thereto, to provide:
3.345 Public Passen er Veh i c1 a Services -license nd or Permit Re i red.
~9~ The term for a l icense issued hereunder shall commence on
January 1 and expire on December 31 of the year issued. The license fee for
applications received after January 1 shat l be prorated an the basis of that
term. An application far extension or renewal of an existing 1 i tense must be
submitted by November 1, accompanied by the required l i tense fee. Fai 1 ure to
submit the license fee with the extension or renewal application, or to pay the
same before the end of the current l i tense term may result i n the licensee being
required to submi t a new application and pay an application fee. A 1 i tenses who
submits an extension or renewal application after November 1 may be assessed a
penalty fee of $10 per day for each day between November 1 and the date the
application i s submitted,
Section 1. Sections 3,115, 3.111, 3.131, 3.134, and 3.145 of the Eugene
Code, 1911 are renumbered 3.850, 3.852, 3.854, 3.856, and 3.858 respectively, and
amended, to provide:
Ambulance
3.850 Ambul anc.e_ -Registration and„ Personne~,,,,,,,,,Requi red,,
~ 1 ~ No person shal ~ operate an ambulance veh i cl a or business wi thi n
the corporate l i mi is of the city without first registering for operation with the
city.
~2~ No person shall operate a vehi c] a as an ambulance that i s not
equipped, operated, and attended by the personnel as required by the rules
adopted under this chapter.
Ordinance - 4
3.852 Ambulance - Exem t Persons and Activities. The provisions of
sections 3,850 to 3,858 do not apply to:
~a} Vehicles owned or operated by the city, state, or
federal governments, ar political subdivisions thereof;
4b} Vehicles being used to render temporary assistance to
registered ambulance operators i n case of a publ i c catastrophe or
emergency with which the registered ambulances of the city are
unable to cope, or when directed to be used to render temporary
assistance by a publ is official at the scene of an accident;
~c} Vehicles operated sot ely on private property or wi thi n
the confines of institutional grounds, whether or not the incidental
crossing of any public street, road or highway serving the property
or grounds i s involved;
~d } Vehi c1 es operating from a bus i Hess location, office or
headquarters outside the city, that are transporting a patient from
outside the city to a heal th care facility within the city or are
picking up a patient from within the city for transport outside the
city, ar vehicles which are passing through without destination i n
the city;
fie} Any person who drives or who attends a patient
transported i n a vehi cl a under subsections ~a} to fie} of thi s
section; or
~ f } Any doctor or registered nurse who by state or federal
license i s authors Zed to attend patients, except emergency medical
technicians and emergency medical technician trainees as provided
under this code.
3.854 Am„b„~1,,a,nce,,,,-,,,,,,,,Oyer to„rs. Each ambulance operator shall:
~ a} Maintain and make avai 1 abl e, upon request of the city
al 1 records requ~ red by rules made pursuant to this chapter;
4b} Employ only emergency medical technicians who are
certified by the State Health Division and who meet the requirements
of rules adopted under this chapter;
~c} Enlist the services of a physici an advisor who shat l be
a resident of ar actively practicing in the city;
~d} Make available, upon request, written information to the
public concerning rate information;
fie} Meet the response times and minimum levels of care
required by the rules adapted under this chapter;
~ f } Render emergency medical services 24 hours a day, seven
days a week. Pre-hospital medical services and ambulance
transportation shall be available to all persons i n the service area
without regard, to race, color, religion, gender, di sabi 1 i ty, age,
mars tal or fame 1 ~ al status, national ari gi n, or obi 1 i ty to pay;
fig} Serve a reasonabl a and logical service area;
~h} Submit to the city, at the time of registration, proof
of bond and/or all insurance required by rules adopted under thi s
chapter.
3.85fi Ambulance -Termination or Revi si an of Service, An ambulance
Ordinance - 5
operator shall give the city at 1 east 9o days pri ar notice ~ n wri ti ng
of any material change ~n services offered or service area, and proof that
similar notice has been provided to all health care f ac i 1 i t i es i n the service
area.
3.858 Ambulance - Prohibited Activities. No ambulance operator or
ambulance operator's employee shall :
~a} Monitor or intercept another's radio dispatch or
transmission far profit or gain;
fib} Sal i ci t i of armati on as to accident 1 ocat i ons by payment
of any farm of gratuity;
~c} Charge for services not performed or make duplicate
charges for the same service;
~d} Perform services of an emergency medical technician or
emergency medical technician trainee unless authori Zed by state l aw,
the s chapter, and the rules adopted hereunder;
fie} Fail or refuse to promptly advise the dispatch office of
rece~ pt of a request for emergency medical assistance or when an
operator's ambulance becomes available or non-available to respond
to dispatch orders;
4 f } Respond by ambulance to an emergency cal 1 unless so
authorized by a dispatch office or under a provision of this
chapter ar rule adopted hereunder;
fig} Fai 1 or refuse to respond to a di spatch order from the
d~ spatch office when the ambulance subject to the cal 1 i s avai l abl e
for service; or
~ h } Falsify, deface ,or ob1 i terate any registration or
certi f ~ cote requ~ red under the s chapter.
Section 8. Sections 3.862, 3.8fi4, and 3.866 of the Eugene Code, 1911, are
amended to provide:
i rst Aid and Medic 1 Tr ns ort vehicles
3.8fi~ First Aid and Medical Trans ort Vehicles -Res onsi bi l i ti es of Owner.
~ 1 } No person shall operate a f i rst aid or medical transport
vehicle or business without first registering with the city and paying the
required fees. First aid and medical transport vehicle owners shall:
~a} Ensure that vehicles are clean, present a good
appearance, are equipped as required herein, and maintained i n a
safe condition and according to manufacturer's instructions;
~ b} Maintain f or a peri od of three years and make avai l ab1 e
to the city upon request:
1. Retards of the supplies and equipment carried in
each first aid or medical transport vehi c1 e;
~. Comp1 ete maintenance records for each vehicles and
3. Customer service records i nc1 ud i ng the name of the
customer, the date and time of transport, and the origin and
Ordinance - fi
destination of transport.
indicate the nature of the
the assistance rendered.
~c} Equip each first aid
with supplies and equipment that
1 aw;
First aid veh i cl a owners shall also
injury, illness or disability, and
and medical transport vehicle only
fully comply with state and ] ocal
~d} Equip each medical transport vehi c1 a wi th a f i re
extinguisher, of a IAIOBC or 2AlOBC, 2 1/2 pound type, readily
accessible to the driver i n the area of the front seat, which shat l
be serviced annually and immediate]y after each use;
fie} Equip each first aid and medical transport vehi cl a wi th
roller gauze ~Kl i ng}, surgi pads, 4x4 inch gauze dressing,
anti -bacter~ al o~ ntment, a1 cahol preps, ice packs, scissors, and
splinter forceps;
~ f } Not use or permit to be used a f i rst aid or medical
transport vehicle which:
1. Is equipped with rotating beacons, light bars,
sirens, or any other type of emergency warning device except
standard four-way hazard flashers;
2. Is equipped to provide oxygen administration. A
first aid or medical transport vehicle may transport persons
requiring constant oxygen administration due to chroni c
respiratory conditions who use their awn oxygen apparatus but
who do not require ambulance service;
3. l s equipped with any type of stretcher, gurney, or
cot .
fig} Employ as first aid or medical transport vehi cl e
operators only persons who are currently certified by the State of
Oregon at a mi n i mum as an emergency medical technician 8 or
certified nursing assistant.
~h} Not use, cause to be used or permit any advertising,
signing or other communication relating to a f i rst aid or medical
transport vehicle which cantai ns any reference to, or which uses
words, symbols or other devices which cause or are likely to cause
confusion as to the identity of the vehicle as an ambulance.
~ i } Comply.wi th all appl i cabl a federal laws and regulations,
~ nc1 ud~ ng the Amen cans w~ th Disabilities Act, state and local laws
and regulations, including rules promulgated by the city manager,
Such rules may include, but not be l i mi ted to, the type and 1 evel of
insurance required, the form of hold harmless agreement required,
the may ntenance and ~ nspect~ on of records, and other i nspecti an or
vehicle requirements.
~j} First aid vehicle owners shall retain a physician
adv~ sor why ~ s 1 ~ tensed to practice medicine by the State of Oregon
and make his/her name, address and telephone number avai 1 abl a to the
city upon request.
~k} Provide the city, at the time of registration, and at
least ten days pri ar to any change thereto, a l i st setting forth the
fares or charges, and past a copy of the same inside the first ai d
or medical transport vehi c] e.
~2 } When transporting persons i n wheel chaff rs, a f i rst aid or
medical transport vehicle owner shall:
Ordinance - 1
~a} .Equip each.first aid and medical transport vehicle with
wheel chap r ~ mmob~ 1 ~ zat~ on apparatus that maintains the wheelchair i n
a stationary position;
fib} Maintain wheelchair immobilization apparatus according
to manufacturer's ~ nstruct~ ons;
~c} Maintain records for a peri od of three years of al ]
repairs and maintenance performed on wheelchair immobilization
apparatus and make al 1 records avai 1 abl a to the city for inspection
upon request;
4d} , Transport , or allow transport of persons only i n an
upr~ ght s ~ tt ~ ng pos ~ t ~ on or ~ n a recl i n i ng position when the angl e
of recline is not mare than 45 degrees.
~3} Al 1 owners shall be strictly ] i abl a for any vi o1 ati on of thi s
chapter by an agent or employe.
3.864 First Aid and Medical Trans ort Vehicles -Res ons i bi 1 i t i es o
0 erator. A f i rst aid or medical transport vehicle operator shall
~ a} At a mi ni mum, be currently certified by the State of
Oregon as an emergency medical techn i c i an B ar a cert i f i ed nursing
assistant.
~ b} If transporti ng a person i n a wheel chaff r, transport or
al 1 ow transport of persons only i n an upright sitting position or i n
a recl i n i ng position when the ang] a of recline i s not more than 45
degrees.
~c} Comply wi th al 1 app1 i cab] a federal , state and 1 ocal 1 aws
and regu1 at i on s .
~d} A f i rst aid vehi c1 a operator shall also carry on his/her
person ,whi 1 e on duty the name, address and telephone number of the
phys~c~an advisor.
3.866 First Aid and Medical Trans ort Vehicle -Prohibited Activities. No
person shall transport or a1 ] ow to be transported i n a f i rst aid or
medical transport vehicle a person who:
~a} Has evident major fractures ar dislocations;
fib} Requires, or i s 1 i kely to require any treatment during
transport;
~c} Suffers any amputation of the leg or arm, or a total
finger or total toe amputation;
~d} Is unable to move to the vehicle unassisted;
fie} , Is experiencing decompensating cardiovascular symptoms
or chest pay n bother than from minor trauma} ;
~ f } Has suf fered a ma jor head injury, loss of consciousness,
convulsions, ar other acute central nervous system disorders;
fig} Is experiencing major bleeding;
4h} Is in severe pain;
~i } Is suffering respiratory distress;
~j} Has evident or suspected spinal cord injury;
~k} Is suffering severe medico] illness or shock;
~1 } Requires or may require transportation in the recumbent
pos~t~on;
ordinance - 8
gym} Has sustained severe burns, i nc1 udi ng second or third
degree burns, to the hands or face;
fin} Has evident or suspected major abdominal injury.
Section 9. Anew Section 3.868 i s added to the Eugene Code, 1971, to
provide:
3.868 ,,lam„ous nes - Regi strat,,on Regui red,.
~ 1 } Na person or business sha11 operate a 1 i mousi ne veh i c1 a or
business within the corporate l imi is of the city without first registering for
operation with the city and paying the required fee. However, an unregistered
1 imausi ne operating outside the jurisdictional 1 imi is of Eugene and Springfield
may del i ver a f are from outside those l i mi is to a ] ocat i on within the l i mi ts, and
i f the vehi c1 a wai is for the person, retrieve the person for the return trip back
outside the jurisdictional 1 imits. No unregistered 1 imousine business may
solicit or accept any passenger within the city 1 imi is except as provided i n thi s
subsection. No 1 imous i ne veh i cl a or 1 i mous i ne business may operate at the Eugene
Airport unless authorized by the Airport to da so. A l imausi ne business shat i
offer ar provide at a minimum, the following:
~a} A uni formed chauffeur
fib} Amenities such as 1 uxury upho1 stery;
~c } A 1 arge, expensive vehicle that i s ei ther a l ate model ,
low mileage, or classic model i n restored cand i t i on, that i s
specifically designed to accommodate passengers desiring luxury
transportation.
~ 2 } A 1 i mous i ne may not be ut i 1 i zed by its owner or operator as a
taxi cab or shuttle.
~3} No limousine business may 1 ocate any part of its operation i n
a residential zone unless expressly authorized by the city manager or designee
pursuant to this code or the Springfield Code.
~4} A11 1 imousine businesses sha11 comply with all federal, state
and local 1 aws and rut es, including rules promulgated by the city manager. Such
rules shall be consistent with this code and be designed to ensure that the
pub1 i c safety i s protected, the public needs are met, and the public convenience
i s promoted, and may include, but are not 1 i mi ted to, the type and 1 evel of
insurance required, the form of hol d harml ess agreement required, the maintenance
and inspection of records, and other inspection or vehicle requirements ,
~5} In addition to requirements established by rule, each l imousine
company must designate a registered agent who may be served with any process,
note ce or demand required or perms tted by 1 aw to be served upon the company. The
registered agent sha11 be an individual or business located in Eugene or
Springfield, and must be avai 1 ab1 a for service of 1 egal process during all hours
that the limousine company is in operation.
Section 1 . Section 3.990 of the Eugene Code, 1911, is amended to provide:
3.990 Penal ti es -Specific, Violation of section 3.812 i s punishable by
a fine not to exceed X500 or confinement i n jail not to exceed 100
days, or both fine and imprisonment,
~rdi Hance - 9
Section 11. The City Recorder, at the request of, ar with the concurrence
of the City Attorney, i s authorized to administratively correct any reference
errors contained herein or in other provisions of the Eugene Code, 1911, to the
provisions added, amended or repealed herein.
Passed by the City Counci 1 thi s
13th day of September, 1993
City Record
Approved by the Mayor this
3 day of epte 1993
~Cpi~`
Mayor
Ordinance - 10