Private Emergency and Transfer Ambulance Service

El Paso City Code tit. 9, ch. 9.85, art. II

in effect

El Paso City Code § 9.85.040 Definitions.

9.85.040 - Definitions. The following words shall have the following meanings: A. "City" means the City of El Paso. B. "Emergency" means any circumstance that calls for immediate action and in which the element of time in transporting the sick, wounded or injured for medical treatment is essential to the health or life of the person. C. "Emergency ambulance" means any motor vehicle especially designed, constructed, equipped and used for transporting the injured or sick in answer to an emergency call. D. "Emergency call" means any request for ambulance service that is made by telephone or other means of communication in circumstances which are, or have been represented to be, an emergency requiring immediate ambulance service. E. "Emergency dispatch system" means the facility from which EMS units are radio dispatched. F. "Operator" means any individual, firm or corporation engaged in the business of transporting the injured, wounded, sick or deceased and using the streets of the city for such purpose. G. "Response time" means the time from which a call is received until the time of arrival at the scene. H. "Street" means any street, alley, avenue, boulevard, drive or highway commonly used for the purpose of travel within the corporate limits of the city. I. "Transfer ambulance" means any ambulance meeting current Texas Department of State Health Services construction requirements, equipped and used for transferring the injured or sick under circumstances which do not constitute an emergency and which have not been represented as an emergency. (Ord. No. 18547, § 1, 8-9-2016; Ord. No. 18691, § 2, 6-13-2017)

El Paso City Code § 9.85.050 Franchise—Required.

9.85.050 - Franchise—Required. It is unlawful for any person, firm, corporation or operator to engage in furnishing a transfer service by operating, driving or causing to be operated or driven a transfer vehicle upon the streets of the city without first having obtained a franchise in accordance with the terms and provisions of this article. (Ord. No. 18547, § 1, 8-9-2016; Ord. No. 18691, § 3, 6-13-2017)

El Paso City Code § 9.85.060 Franchise application—Contents; denial.

9.85.060 - Franchise application—Contents; denial. A. Application for a franchise shall be filed with the city clerk upon forms furnished by the city clerk along with the applicable application fee. The applicant shall furnish the following information: 1. A statement that the applicant has obtained liability insurance in accordance with the requirements provided by this article before commencing service; 2. A statement of the number of vehicles which the applicant proposes to operate and the make, model and vehicle identification number of each transfer vehicle; 3. A statement that each vehicle is supplied with minimal emergency equipment as set forth in Section 9.85.110.C; 4. A list of persons who will act as ambulance attendants and drivers, their current State of Texas Department of State Health Services certificate status, and their date of employment, current driver's license issued by a U.S. state or the U.S. federal government and expiration date, defensive driving or current emergency vehicle operators course certificate, and physician release; and 5. A statement that the safety mechanism of the vehicle is operative and is in good repair; including, but not limited to, headlights, tail-lights, turn signals, brakes, brake lights, emergency lights, windshield wipers, wiper blades, handles opening doors and windows, and tires and spare tires. B. Copies of each application for a franchise shall be forwarded to the chief of the fire department or designee for acceptance or denial, and the chief of the fire department shall review applications for ambulance service and make recommendations to the city council. C. Any person who gives false information regarding any statements made in subsections A.1 through A.5 of this section, shall have his or her application denied, and be guilty of a misdemeanor and subject to the punitive measures set forth in Section 1.08.010. D. The chief of the fire department may deny an application for a franchise, whether original or renewal, by serving the applicant with written notice by hand-delivery or certified mail, return-receipt requested, if the chief of the fire department finds: 1. That the applicant has supplied false or incorrect information on the franchise application; 2. That the applicant has failed to supply all information required on the franchise application form; or 3. That the applicant has failed to pay the franchise application fee. E. In the event that the applicant's franchise is under suspension or revocation, no new franchise shall be granted until the term of such suspension or revocation has expired. F. The chief of the fire department shall issue written notice of denial of a franchise application to the applicant which shall contain, as a minimum, the following: 1. The name of the applicant; 2. Statement that the application is denied; and 3. Reason(s) for the denial. (Ord. No. 18547, § 1, 8-9-2016; Ord. No. 18691, § 4, 6-13-2017; Ord. No. 019616, § 1, 4-23-2024)

El Paso City Code § 9.85.070 Franchise—Application; factors considered; review; hearing.

9.85.070 - Franchise—Application; factors considered; review; hearing. A. Upon acceptance of an application for a franchise, the city council will set the time for a public hearing thereon and receive evidence as to whether the public convenience and necessity justify granting the franchise, whether the applicant is qualified to render good service and has or will have sufficient equipment of suitable type and condition, and to any other relevant facts bearing on whether the franchise will be in the public interest. The city council shall grant the franchise and determine upon what terms and conditions it will be granted, or shall refuse to grant it, in accordance with the council's findings as to whether considering the above standards, the public interest will be served. B. In all hearings, the burden of proof shall be upon the applicant to establish that a need in the community exists for the services. C. Factors considered. In determining public convenience and necessity, the city council may consider but not be limited to the following: 1. The need for an additional franchise. The number of providers available to provide service in the area in which the applicant proposes to furnish services, and whether granting the franchise will adversely affect existing service providers; 2. The distance from the operational address at which the applicant proposes to operate the franchise to hospitals and other medical providers serving the public; 3. Response times, total number of calls for service, and total number of completed transfers for the franchises already serving the area; 4. The reasonableness of the proposed rates to be charged by the applicant; 5. Financial responsibility of the applicant; and 6. Whether the applicant has performed such service in a satisfactory manner in the past. (Ord. No. 18547, § 1, 8-9-2016; Ord. No. 019616, § 2, 4-23-2024)

El Paso City Code § 9.85.080 Insurance.

9.85.080 - Insurance. A. No vehicle shall be operated on the public streets of the city unless the applicant provides to the city clerk a copy of the public liability insurance policy, issued by an insurance company authorized to do business in the state, required by subsection B of this section. B. 1. Franchisee shall obtain and maintain in effect throughout the term of their franchise public liability insurance in an amount of not less than five hundred thousand dollars. 2. Franchisee shall maintain comprehensive general and automobile liability coverage with limits of no less than five hundred thousand dollars per occurrence and one million dollars annual aggregate. Franchisee shall maintain medical professional liability coverage with limits of no less than five hundred thousand dollars per occurrence and one million dollars annual aggregate. C. Such insurance policies shall not contain a passenger liability exclusion. D. Each liability insurance policy shall contain a provision obligating the insured to give the city clerk written notice of cancellation or reduction not less than ten days prior to any cancellation or reduction. (Ord. No. 18547, § 1, 8-9-2016; Ord. No. 18691, § 5, 6-13-2017)

El Paso City Code § 9.85.090 Attendants and drivers—Requirements.

9.85.090 - Attendants and drivers—Requirements. Attendants and drivers employed with an ambulance service must meet the following minimal requirements: A. Be currently certified with the Texas Department of State Health Services, Emergency Medical Services Division, as an emergency medical technician and indicate the applicable level; B. No later than ninety days from the date of employment, must provide evidence showing completion of the Texas Department of License and Regulations approved defensive driving course or a current emergency vehicle operators course certificate provided by the El Paso Fire Department; and C. Possess a license valid to operate an emergency vehicle and transfer ambulance from the State of Texas or New Mexico; and D. Within fifteen days of employment, must have a written statement from a physician, authorized to practice medicine in the state, stating that the person is free of communicable diseases and is physically capable of performing the required duties. (Ord. No. 18547, § 1, 8-9-2016; Ord. No. 18691, § 6, 6-13-2017)

El Paso City Code § 9.85.100 Ambulance operations.

9.85.100 - Ambulance operations. A. Ambulance service operators, their agents or employees, upon receipt of request for emergency service within the city limits, shall immediately relay the request to the EMS emergency dispatch system. B. Unless authorized to do so by the chief of the fire department or his designee, it is unlawful for ambulance service operators, their agents, or their employees to go to the scene of an emergency within the city limits with the intent to provide emergency service and transportation; provided, however, if persons operating a transfer or emergency vehicle discover an emergency situation within the city limits, they shall immediately notify the EMS emergency dispatch system and shall remain to render aid until an EMS vehicle arrives. C. Franchisee shall mark each ambulance distinctly with its company's name. Franchisee's name shall be marked with a minimum one inch wide and five inches tall lettering on at least three sides of the ambulance. The color of franchisee's name must contrast with the color of the ambulance or the wrap. The Texas Department of State Health Services provider's license number shall be displayed on the sides of the ambulance with "TX" appearing prior to said number in the width and height required by the State of Texas. Business phone numbers and logos are permissible; however, the words "Emergency Medical Services" or "EMS" shall not be used in any fashion. D. Ambulance service operators, their agents, or their employees, shall not hold out to the public in any manner that their personnel are trained EMTs or paramedics unless they have been so certified by the Texas Department of State Health Services. E. Ambulances shall be used only for the purpose of transporting patients, and no other use shall be lawful. (Ord. No. 18547, § 1, 8-9-2016; Ord. No. 18691, § 7, 6-13-2017)

El Paso City Code § 9.85.110 Personnel, vehicles and equipment—Standards and requirements; inspection.

9.85.110 - Personnel, vehicles and equipment—Standards and requirements; inspection. A. Each ambulance shall be manned by two persons, one driver and one attendant, both meeting the requirements of Section 9.85.090. B. Each vehicle shall meet the following minimum requirements at all times: 1. Each ambulance shall pass the Texas Department of Public Safety annual inspection and maintain a copy of the report indicating the result of said inspection at all times; 2. Each ambulance shall have a heater, complete with defrosters, and an air conditioner, both capable of maintaining comfortable temperature levels in the driver and patient compartments; 3. Each ambulance shall meet the physical dimensions of the current Texas Department of State Health Services ambulance specifications; provided, however, that any ambulance currently used which does not meet these specifications may continue in use until it is replaced; and 4. Each ambulance shall be kept clean and in good mechanical condition. C. In addition to other equipment which may be required by federal or state law, each ambulance shall carry all medical equipment that is listed on the franchisee's medical equipment daily checklist and must be clean, ready for patient use and in good working order. 1. The medical equipment daily checklist must be approved by the fire chief or designee. 2. Changes to the medical equipment daily checklist must be submitted to the fire chief or designee within fifteen days prior to the change to be in effect. D. Prior to the commencement of franchisee's operations, the fire chief or designee shall inspect at a reasonable time all ambulances used by franchisee in operating the transfer service. 1. An ambulance must pass inspection and have a current valid permit sticker visible from the exterior of the vehicle at all times, which sticker shall be placed in the rear window prior to use for customer transportation or care. 2. Subsequent to the initial inspection, all ambulances which are franchised under this chapter shall be inspected by the fire chief or designee every two years, except as described in the following paragraph. 3. Ambulances may be inspected in the field at any hour by the fire chief or designee, and he may require any ambulance to proceed to a specified location for further inspection. If a franchisee has three ambulance field inspection failures within a twelve-month period, then the city shall re-inspect franchisee's entire ambulance fleet within thirty days of the last failed field inspection. 4. Until the vehicle passes inspection, it cannot lawfully operate on the streets of the city. 5. Any ambulance found not to be in compliance with this chapter shall be tagged, and the permit sticker removed. E. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the chief of the fire department or designee or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any ambulance containing any condition or code violation which makes such ambulance unsafe, dangerous or hazardous, the chief of the fire department or designee or his authorized representative may enter such building or premises at all reasonable times to inspect the ambulance or to perform any duty imposed upon the chief of the fire department or designee by this chapter; provided, that if such building, premises or ambulance be occupied, he shall first present proper credentials and request entry; and if such building, premises or ambulance be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building, premises or ambulance and request entry. If such entry is refused, the chief of the fire department or designee shall have recourse to every remedy provided by law to secure entry. When the chief of the fire department or designee or his authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, premises or ambulance shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the chief of the fire department or designee or his authorized representative for the purpose of inspection and examination pursuant to this chapter. The chief of the fire department or designee or his authorized representative may then direct such ambulances to proceed to a specified location for further inspection. (Ord. No. 18547, § 1, 8-9-2016; Ord. No. 18691, § 8, 6-13-2017; Ord. No. 18927, § 1, 4-30-2019)

El Paso City Code § 9.85.120 Private emergency service regulations.

9.85.120 - Private emergency service regulations. A. It is unlawful for any person, either as owner, agent, or otherwise, other than a member of the El Paso EMS to furnish, operate, conduct, maintain, advertise or otherwise be engaged in or profess to be engaged in the operation of an emergency ambulance service upon the streets, alleys or any public way or place within the city limits or to avail himself of the permission given ambulances by Section 12.12.010, or any other law or ordinance, to disregard traffic laws or ordinances, except in the following circumstances: 1. It shall not be unlawful for a person operating a transfer ambulance franchised by the city, upon responding to a direct call for nonemergency conditions, to use emergency equipment, after notifying the emergency dispatch system and receiving permission to make an emergency run, when a determination is made by the transfer ambulance attendant that an emergency exists requiring the sick or injured person to be transported with all practical speed to a hospital. 2. It shall not be unlawful for any person operating a transfer ambulance franchised by the city, who is performing the service of maintaining an ambulance at a particular location for a sporting or contracted event, to operate such ambulance under emergency conditions, using emergency equipment, after notifying the emergency dispatch system and receiving permission to make an emergency run, when a determination is made by the transfer ambulance attendant that an emergency exists requiring the sick or injured person to be transported with all practical speed to the nearest appropriate hospital. 3. It shall not be unlawful for any person to operate an emergency ambulance to a hospital within the city, if the place of emergency at which the sick or injured person was picked up by such ambulance is outside the city limits and the ambulance making the emergency run is licensed and operated in accordance with all applicable state laws. On each emergency run into the city, ambulance personnel must notify the emergency dispatch system and receive permission to make an emergency run, unless otherwise notified by the section chief of the El Paso Fire Department or his designee. 4. It shall not be unlawful for any person to operate a transfer ambulance franchised by the city on an emergency run when EMS ambulances are not available, and the emergency dispatch system requests the backup emergency ambulance service for the EMS. B. Any person operating an ambulance franchised by the city who makes an emergency run under the provisions of subsections A.1 through A.4 of this section, shall, within ten days of each emergency run, submit to the section chief of the El Paso Fire Department a report on a form provided by the chief, which shall describe the circumstances requiring the emergency run. (Ord. No. 18547, § 1, 8-9-2016; Ord. No. 18691, § 9, 6-13-2017)

El Paso City Code § 9.85.130 Franchise—Suspension; revocation; appeal.

9.85.130 - Franchise—Suspension; revocation; appeal. A. Suspension. The chief of the fire department may issue a written notice of suspension or deferred suspension not to exceed sixty days subject to this chapter if the director determines that any of the following is true: 1. The franchisee has breached a provision of the franchise agreement; 2. The franchisee has had its provider license revoked, suspended, reprimanded or placed on probation by the Texas Department of State Health Services; 3. The franchisee is in violation of a provision of this chapter or a rule adopted under this chapter; 4. The franchisee is indebted to the city for fees or payment of penalties imposed by this chapter or by a rule adopted under this chapter; 5. The franchisee is not fit, willing, or able to continue operating the franchise in accordance with the license, this article, the rules and regulations established by the chief of the fire department, and other applicable state and federal laws; 6. The franchise is operating under a trade name other than the one granted to the franchise; 7. The franchisee was convicted of any felony offense while the franchise was granted; or 8. Continued operation of the franchise poses a risk to the health and safety of the community. B. Revocation. The chief of the fire department may issue a written notice of revocation a franchise if the franchisee violates this chapter on two or more occasions within a twelve-month period or if the chief of the fire department determines: 1. The franchisee supplied false or misleading information on the application for the franchise, provider license, or any other license provided by the state. C. Notice. The chief of the fire department shall issue a written notice of suspension, deferred suspension, or revocation of a franchise to the franchisee, which shall contain, as applicable, the following: 1. Name and address of the franchise; 2. Statement of whether the franchise is suspended or revoked; 3. Reason(s) for the suspension or revocation; 4. In the case of a suspension, a recommendation for corrective measures to bring the franchise into compliance with the requirements of this chapter; 5. Reasonable time limit for the completion of the corrective measures; 6. Statement that the franchise, if suspended, is subject to revocation for failure to complete the corrective measures within the allotted time; and 7. Statement that the suspension or revocation may be appealed. D. A franchisee may not reapply for a new franchise for a period of twelve months after said franchise has been revoked. E. A franchisee whose franchise has been suspended shall not work for another franchise as an employee, representative, or ambulance personnel during the suspension period. This subsection shall not apply to an employee exclusively earning a wage or salary. F. Appeal. Within ten business days of denial, suspension or revocation, the chief of the fire department shall prepare a report indicating the reasons for the suspension or revocation, and shall provide a copy to franchisee at the address given in the franchise agreement. The decision of the chief of the fire department is final unless within ten calendar days from the date of receiving such official's report, the franchisee files with the city clerk a written appeal to the city manager specifying reasons for the appeal. Said appeal shall also include a written rebuttal to the chief of the fire department's report. G. The city manager or a designee other than the chief of the fire department shall review the report of the chief of the fire department and the appellant's rebuttal. The city manager or designee may allow the appellant to make an oral argument or submit additional rebuttal. The city manager or designee shall make a ruling on the appeal within fourteen days after the appeal has been filed. H. The city manager or a designee other than the chief of the fire department shall sustain, reverse or modify the action of the chief of the fire department and shall notify the appellant of the decision in writing. The decision of the city manager or designee is final. (Ord. No. 019616, § 3, 4-23-2024)

El Paso City Code § 9.85.140 Violation—Penalty.

9.85.140 - Violation—Penalty. Any violation of any section of this chapter shall constitute a misdemeanor punishable by a fine up to five hundred dollars in accordance with Sections 1.08.010, 1.08.020 and 1.08.030 of the El Paso City Code. (Ord. No. 18547, § 1, 8-9-2016; Ord. No. 019616, § 4, 4-23-2024)

Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT9HESA_CH9.85EMTRAMSE_ARTIIPREMTRAMSEFetched: 10/28/2026