Chapter 2.72
EMERGENCY MEDICAL SERVICES1

Sections:

2.72.010    Purpose.

2.72.020    Created.

2.72.030    Management and control.

2.72.050    Rules and regulations--Authority to make--Approval.

2.72.060    Director--Authority--Duties.

2.72.070    City responsibilities--Vehicles--Insurance--Moneys for service fund.

2.72.080    Emergency medical service fund.

2.72.090    Charge for services.

2.72.100    Fee--Definitions.

2.72.110    Fee--Established.

2.72.120    Fee--Calculation--Billing.

2.72.130    Fee--Administration.

2.72.010 Purpose.

The maintenance of public health, safety and peace requires the maintenance and operation of a general ambulance service to serve the city and surrounding rural areas. (Ord. 353 §1, 1949).

2.72.020 Created.

For the purpose of carrying into effect the provisions of this chapter, there is hereby created and established a department of the city to be known as the division of emergency medical services. The division shall be within the executive department, subject to the supervision as stated in this chapter. (Ord. 838 §17, 1987: Ord. 353 §2, 1949).

2.72.030 Management and control.

The management and control of the division established in Section 2.72.020 shall be vested in the mayor. (Ord. 838 §18, 1987: Ord. 35 §3, 1949).

2.72.050 Rules and regulations--Authority to make--Approval.

The mayor, after consultation with the director of emergency medical services and the chief of the fire department, shall have the authority to make rules and regulations to govern the operation of the emergency medical service, which rules and regulations shall be subject to approval of the city council, and shall be effective from and after the date of such approval. (Ord. 838 §20, 1987: Ord. 353 §8, 1949).

2.72.060 Director--Authority--Duties.

A.    There shall be appointed by the chief of the volunteer fire department, subject to the approval of the mayor, an individual to serve as director of emergency medical services for the city.

B.    The director of emergency medical services shall have general supervision over the emergency medical service to be furnished by the city, shall set up and maintain a proper accounting division for the division, and shall have full charge and control of all equipment of every kind belonging to or connected with the service, subject to the approval of the chief of the department and the mayor. (Ord. 838 §21, 1987: Ord. 353 §5, 1949).

2.72.070 City responsibilities--Vehicles--Insurance--Moneys for service fund.

A.    The city shall:

1.    Take title for the city to any vehicle operated as an emergency medical services vehicle for the city and shall be authorized and empowered to receive, as a gift or otherwise, any such vehicle, equipment or appurtenances needful or beneficial in the operation of the service, and use the same in any way deemed by its proper or advisable in the operation of the service; and

2.    Obtain and maintain such insurance as it may deem advisable for the protection of the city or its employees, either paid or voluntary, in connection with the operation of such service, either inside or outside of the city limits of the city, which may be now or after the effective date of the ordinance codified in this chapter operated by the city.

All moneys received from such donations, grants, gifts or other sources, as well as from the operation of the emergency medical service shall be paid into the service fund provided for in Section 2.72.080, and all bills contracted for the purchase or maintenance of equipment or the operation of the service shall be paid by proper warrant drawn on the fund. (Ord. 838 §22, 1987: Ord. 353 §6, 1949).

2.72.080 Emergency medical service fund.

There is established a fund known and designated as the emergency medical service fund of the city into which will be paid all funds collected from the operation of the service and all funds that might or may be donated or received for such purpose. The funds so set aside shall be used for the payment of salaries and wages of the employees or members of the service and for all necessary expenses in the maintenance and operation of said service or the acquisition or replacement of items and equipment therefor. (Ord. 838 §23, 1987: Ord. 353 §7, 1949).

2.72.090 Charge for services.

The rates to be charged for the provision of services by the emergency medical services (ambulance) of the city shall be established from time to time by written resolution of the city council. (Ord. 813 §1, 1986).

2.72.100 Fee--Definitions.

For the purposes of this section through Section 2.72.130 and all other purposes in relation to the provision of and charging for emergency medical service, including ambulance service as is established by the city under the ordinances codified in its municipal code, or resolutions, or pursuant to the provisions of a contract with another entity for provision of such services, terms shall have such meaning as may be provided therein or within this section.

A.    "Ambulance service" means any time an ambulance operated by the city or its authorized designee responds to a request for service, whether it is:

1.    Of an emergency nature;

2.    Pursuant to a scheduled request for a transfer; or

3.    Of some other nature.

B.    “Excise tax,” “fee,” or “charge” means a fee, utility service charge, excise tax or charge which has been or may be imposed within this code or any resolution adopted pursuant to authority granted under this code pursuant to the provisions of RCW 35.21.766 or 35.21.768, or any other applicable authority.

C.    “Population count,” when utilized in relation to a governmental correctional facility, in the event that any such facility might be located within the corporate limits in the future, shall be deemed to mean the average daily usage of the facility as established for the prior calendar year. In calculating such determination, if an individual is held in custody for such a period as to trigger the ability of the governmental entity to charge a daily custodial charge to any municipality contracting for correctional services with that entity, then the individual shall be included within the calculation. In carrying forth this calculation, all individuals held in custody shall be included, whether under federal, state, county, tribal, or city charges, serving a sentence pursuant to judgment of any court, or any order of any court.

D.    “Equivalent dwelling unit (EDU)” is a measure where one unit is equivalent to the occupancy rate of an average single-family home within the city. The figure representing an EDU is determined by taking the average of the number of occupancies within the city and dividing that number by the total population of the city, as determined by the most recent population figure issued by the Office of Financial Management, State of Washington. (Ord. 1088 §1, 2008).

2.72.110 Fee--Established.

A.    Pursuant to applicable law, a fee, hereinafter referred to as an “emergency medical services utility service fee,” in such amount as may be established from time to time by written resolution of the council and calculated as provided under the terms of Sections 2.72.100 through 2.72.130 and of the resolution shall be levied against and shall be collected from each utility customer within the city who or which is served and billed by the city for utility services. To the extent applicable, this charge shall be subject to calculation, as to the covered facilities set forth in that section, in the manner provided in Section 2.72.120.

B.    Utility customers, including but not limited to businesses and industries whose facilities do not include any housing units, shall each pay the same rate as is established for housing units.

C.    Revenues derived from this charge shall be utilized by the city only for purposes relating to funding the operation of and provision of emergency medical services to the citizens of the city or such other uses as may be allowed by the authorizing statutory authority. In establishing the charge, the city council shall be governed by the financial needs of the emergency medical services system in its operation, expansion, and improvements and the criteria and limitations set forth in the statutory authority. (Ord. 1088 §2, 2008).

2.72.120 Fee--Calculation--Billing.

For the purposes of establishing the amount to be billed and providing for the billing pursuant to the authorization granted by Section 2.72.110, the following provisions shall apply:

A.    “Housing unit” as used herein means the residence or living quarters of one or more persons living together or in one family, but shall not include any facility which is subject to billing pursuant to subsections C and D of this section.

B.    If any structure or portion thereof contains one or more housing units, and the occupants thereof are not each billed for the utility service furnished by the city for such unit, the person who is billed for such utility service shall be deemed to be served and billed therefor. That person shall be billed and shall pay the monthly amount on each living unit as herein defined and provided for on each and every such unit or units.

C.    Any nursing home or rest home which is licensed by the state of Washington or adult family home or assisted living facility shall be billed based upon the number of EDUs determined by its population with an exemption from such calculation for any individual residing therein who is Medicaid-eligible. The population count upon which the billing is established shall be based upon the number of residential beds authorized for the facility by the governmental agency having authority over such matters.

D.    Any correctional facility shall be billed for the EDUs determined pursuant to Section 2.72.100(C).

E.    The information required to calculate the amounts to be billed pursuant to subsections C and D of this section as well as any other account for which a reduction may be required under law shall be provided on such forms as may from time to time be established by the clerk-treasurer. Within the authority granted by Section 2.72.130, the clerk-treasurer shall be authorized to establish such rules, regulations, and forms as may be reasonably necessary to implement this census and billing procedure.

F.    All city utility customers within the city shall be charged the rates established within the resolution authorized by Sections 2.72.100 through 2.72.130, except such entities as are not within the coverage provisions of applicable law, as now existing or hereafter amended or succeeded. The billing for the charge authorized by this section shall be rendered by the city utility department at the same time as the regular service utility is rendered, and the billing for such item shall be included as an item in such service billing and shall be identified as the “emergency medical service utility fee” or “ambulance utility fee.” (Ord. 1088 §3, 2008).

2.72.130 Fee--Administration.

The clerk-treasurer shall have the authority to develop and issue such rules, regulations, and forms as the clerk-treasurer may determine necessary and appropriate in order to properly implement and administer the fee establishment and clarification in compliance with any applicable law. Any such rule or regulation shall be submitted in writing to the council no less than thirty calendar days prior to its anticipated effective date. If during that period the council either rejects or suspends the effective date, the rule or regulation shall not go into effect until approval by the council. In the event of no action by the council, the regulation shall go into effect upon the date set by the clerk-treasurer; provided, that the clerk-treasurer may propose and the council may authorize an effective date earlier than the thirty days otherwise required. (Ord. 1088 §4, 2008).


1

    For statutory provisions requiring ambulance drivers to take a first aid course and requiring certain equipment for ambulances, see RCW 70.54.060 and 70.54.070.