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ORD 1992-03TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 92- 03 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS PROVIDING FOR THE PROVISION OF EMERGENCY MEDICAL SERVICES BY THE TOWN; REQUIRING THE PAYMENT OF AN EMERGENCY MEDICAL SERVICES FEE; REQUIRING THE PERSON RECEIVING EMERGENCY MEDICAL SERVICE TO BE RESPONSIBLE FOR PAYMENT OF THE FEE; DECLARING IT UNLAWFUL TO GIVE A FALSE STATEMENT OF EMERGENCY; REPEALING ORDINANCE NO. 90-05 RELATING TO AMBULANCE FEES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas (the "Town") is authorized and empowered to do all acts and make all regulations which may be necessary or expedient of the promotion of health or the suppression of disease (§122.005, Tex. Health & Safety Code, as amended), including providing emergency medical services; and WHEREAS, the Town is further empowered to enforce each ordinance and to punish a violation of an ordinance (§54.001(a), Tex. Loc. Gov. Code, as amended); and WHEREAS, the Town Council deems it in the best interest7s of the Town to provide ambulance service and to require the payment of a fee for the utilization of such service. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. Preamble.That the above and foregoing preamble is true and correct and is incorporated into the body of this Ordinance as if copied herein in its entirety. Section 2. Definitions. When used in this Ordinance, the following words and phrases shall have the meanings respectively ascribed to them in this Section: A. "Emergency medical services" means services provided by emergency medical services personnel by means of an emergency medical services vehicle used to respond to an individual's perceived need for immediate medical care and to prevent death or aggravation of physiological or psychological illness or injury. -1- B. "Emergency medical services vehicle" means; (1) a basic life-support emergency medical services vehicle; (2) an advanced life-support emergency medical services vehicle; (3) a mobile intensive -care unit; or (4) a specialized emergency medical services vehicle." C. "Emergency medical services personnel" means: (1) emergency care attendants; (2) basic emergency medical technicians; (3) specially skilled emergency medical technicians; or (4) paramedic emergency medical technicians. Section 3. Emergency .Medical Service Provided by Town. The Town shall provide emergency medical services within the Town, and shall provide such services within adjacent jurisdictions as provided and authorized by law and by contract. The provision of emergency medical services shall be deemed to include payment for the services as set forth in this Ordinance. Section 4. Fee. The Town shall charge a fee for each response by the Town to a request for emergency medical services. The Town Manager shall, however, have the authority to waive or reduce the said fee where the Manager finds and determines that imposing the same would cause an undue hardship or where the interests of justice require such a waiver or reduction. The amount of the fee shall be as set forth in the Town Schedule of Fees adopted by Ordinance No. 90--10 Section 5. Responsibility To Pay Fee. The person receiving emergency medical service shall be responsible for payment of and shall pay the fee set forth in Section 3 hereof. In the case of service received by a minor, the parent or guardian of the minor shall be responsible for payment of and shall pay the fee. Section 6. Where Fee Incurred. The fee set forth in Section 3 shall be deemed to have been incurred and shall be due and payable within the Town at the office of the Town Manager, whether or not the emergency medical services provided were inside or outside the corporate limits of the Town. The fee shall be due and payable no later than 30 days following the date on which the emergency medical services were provided, after which date the fee shall be deemed delinquent. -2- Section 7. False Statement of Emergency . It shall be unlawful for any person to willfully inform the emergency medical services dispatcher, emergency medical services personnel, a police officer, or any officer or employee of the Town that an emergency medical services vehicle or vehicles is needed at a location or address when such person knows that such statement is false. Section 8. Ordinance Cumulative,, Repealer. That this Ordinance shall be cumulative of all other ordinances of the Town affecting emergency medical services and shall not repeal any of the provisions of the said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; provided, however, that Ordinance No. 90-06 of the Town is hereby repealed in its entirety, but provided that any action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen, whether known or unknown, under or pursuant to Ordinance 90-06 shall continue to be governed by the provisions of that Ordinance and for that purpose Ordinance No. 99-06 shall be deemed to remain and continue in full force and effect. Section 9. Severability. That if any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 10. Penalty. That it shall be unlawful for any person to violate or fail to comply with any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 11. Effective Date. This Ordinance shall become effective from and after its date of adoption and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 18th day of February , 1992. -3- ATTEST: Town Secr ar', Town of T ophy Club, Texas [SEAL] APPROVED AS TO FORM: i To Attorney, Tow' of Trophy Club, Texas -4-