§ 30-152. Persons authorized to engage in service.

(a)

The operation of emergency medical services vehicles on the city streets for the furnishing of emergency medical service is declared to be a governmental function of the city to be performed by the EMS division of the fire department in accordance with this article. It shall be unlawful for any person, including a medical transfer services provider, other than employees of the EMS division of the fire department or an agency of the United States government, while driving emergency medical services vehicles operated by the emergency division, to furnish or attempt to furnish emergency medical service or to operate or drive or cause to be operated or driven any medical services vehicles on the streets of the city for the purpose of furnishing emergency medical service.

(b)

It is an affirmative defense to prosecution under subsection (a) of this section if:

(1)

The person operating an ambulance or emergency medical services vehicle, upon responding to a direct call for ambulance service, determines that an emergency existed requiring the sick or injured person to be transported with all practical speed for medical treatment and attention and obtained permission to operate such ambulance or emergency medical services vehicle in emergency ambulance service from the public safety communications division;

(2)

The emergency medical service was provided by an emergency medical services vehicle or ambulance based outside the city when not in use and operated by a company having an established place of business and permanent address outside the city, provided:

a.

The sick or injured person was picked up outside the city limits and was transported to a hospital within the city;

b.

The emergency medical services vehicle or ambulance performing such emergency service was, at the time, duly licensed and operated in accordance with V.T.C.A., Health and Safety Code § 773.001 et seq.; and

c.

The driver of such emergency medical services vehicle or ambulance complied with all speed and other traffic regulations of the city and the state;

(3)

The person operating an emergency medical services vehicle or ambulance within the city was performing a service under contract of maintaining an emergency medical services vehicle or ambulance at a particular location or event, for the purpose of transporting sick or injured persons for medical or hospital treatment, and determined that a sick or injured person at such location or event required immediate hospital or medical attention and obtained permission to operate such emergency medical services vehicle or ambulance in emergency service from the public safety communications division; or

(4)

The emergency medical services vehicle service was provided at the request of the public safety communications division due to unavailability of a city emergency medical services vehicle or ambulance.

(c)

In each instance set out in subsections (b)(1) through (4) of this section, the driver or operator of such emergency medical services vehicle or ambulance shall, prior to commencement of each emergency medical services vehicle or ambulance run, notify the public safety communications division of the conditions requiring the operation of the vehicle in emergency medical service or ambulance service, the location in which he is proceeding under emergency medical services vehicle or ambulance service and shall obtain permission for such trip from the public safety communications division. Each emergency medical services vehicle or ambulance operated under subsections (b)(1) and (2) of this section shall comply with the requirements of this article regarding emergency medical services vehicles or ambulances, insofar as traffic safety is concerned. Each ambulance being operated under subsections (b)(3) and (4) of this section shall comply with all requirements of this article regarding emergency medical services vehicles or ambulances of every nature. Upon arriving at the destination, the driver or operator will again notify the public safety communications division that he has arrived and is no longer in emergency medical services vehicle or ambulance service. When the driver or operator of an emergency medical services vehicle or ambulance is responding to a direct call for emergency medical services vehicle or ambulance service under emergency conditions, he shall inform the public safety communications division of the location of such call and all information as he may have concerning the circumstances surrounding the request for service. If the public safety communications division reports that an emergency services vehicle is either in route to the same location or has arrived there and instructs such driver or operator not to respond to such call, it shall be unlawful for such driver or operator to so respond when instructed not to do so by the public safety communications center.

(Ord. No. 8840, § 1, 2-24-00; Ord. No. 12,221, § 3, 3-28-13)