HomeMy WebLinkAbout20241258.tiffWELD COUNTY
CODE ORDINANCE 2024-07
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 7 EMERGENCY MEDICAL SERVICES, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of
Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with
the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted
Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent nature
enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that Chapter 7 Emergency Medical Services of the Weld
County Code be. and hereby is, repealed and re-enacted, with amendments, to read as follows.
CHAPTER 7
EMERGENCY MEDICAL SERVICES
Delete Chapter 7 in its entirety - RESERVED
Sec. 7-1--10. Purpose.
medical services to all citizens of the County. It is the intent of the Board of County
Commissioners that emergency medical service in the County will consist of, at a minimum,
timely response, transportation, treatment, communication and documentation subsystems
designed to prevent premature mortality and to reduce the morbidity that arises from critical
injuries, exposure to poisonous su
Sec. 7-1-20. Delegation.
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supervision.
A. The Board of County Commissioners designates and delegates to the Director of the
Emergency Medical Services Rules and Regulations as set out in this Chapter. Under
1
processing and review, recommendations to the Board of County Commissioners for
licensure, and other administrative functions necessary to implement this Chapter shall
be the responsibility of the Director.
C -
The Board of County Commissioners may promulgate and enforce such rules and
e County as
recommended by the Director to provide for quality emergency medical services and to
th state law and any resolution adopted by the Board.
applications for ambulance service licenses, based upon the recommendation of the
Director and the application materials submitted.
Sec. 7-1-30. Definitions.
The following definitions shall apply in the interpretation and enforcement of this Chapter.
Advanced life support personnel means a minimum of two (2) individuals, including at
least one (1) state -licensed Registered Nurse, or one (1) state -certified EMT -Paramedic or EMT
Intermediate, and the second individual must be, at a minimum, a current state -certified
of the ambulance.
Air ambulance means a fixed -wing or rotor -wing aircraft that is equipped to provide air
the medical needs of individuals who
service for the transportation in the County of individuals
incapacitated or helpless. For the purposes of this Chapter, ambulance shall not include air
by the Colorado Department of Public Health and Environment.
a _
he requirements
for equipment as established by the Board of County Commissioners and is
staffed by at least one (1) Emergency Med+ca-1 Technician-Basic/EMT-B currently
certified by the State, and a driver that, as a min-imum, has a current American
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Red Cross Advanced First Aid d, an American Heart Association Health Care
r Resuscitation Card or its equivalent, or the equivalent
of both as established by the State Advisory Council on Emergency Medical
Services, and a valid Colorado driver's license.
b Advanced life support ambulance mean
meeting the basic requirements for equipment, has on board the equipment and
medications required by the Physician A
advanced life support personnel. An ALS Transport shall include the scope of
practice of a state -certified EMT -Paramedic or EMT -Intermediate.
c. Reserve ambulance mean
is considered non
ments for
at the time a reserve ambul
support ambulance, it shall- meet all the requirements of Weld County Code
Sections 7-1-20, 7-4-10, and 7-4-20, along with the requirements in the current
vice attests that,
ambulance or advanced life support ambulance.
Ambulance service means the furnishing, operating, conducting, maintaining, advertising
or otherwise engaging in or professing to be engaged in the transportation of patients by
son so engaged or professing to be engaged.
The person so engaged and the vehicles used for the emergency transportation of persons
Hea
th Administration, or its successor agency.
Ambulance service license means a nonexclusive authorize
I Mine Safety and
e Board of
,
as further defined in Section 7-2-10 of this Chapter.
7
seq., C.R.S., as amended; the Colorado Department of Public Health and Environment Rules
nd Colorado Board
of Medical Examiners Rule 500, 3 C.C.R. § 71-3.6, as amended.
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Department means the Weld County Department of Public Health and Environment.
Director means the Director of the Weld County Department of Public Health and
Environment.
Emergency means any actual or self -perceived event which threatens life, limb or
well-being of an individual i-n such a manner that a need for immediate medical care is created.
Emergency medical servi-ce-s means the services, or the training therein, utilized in a
pre -hospital environment in response to the perceived individual needs for prevention of: loss of
life, further aggravation to physiological and/or psychological injury, and/or inherent harm to an
Medical Technician certificate issued by the Colorado Department of Public Health and
Medical Services Act, Section 25-3.5-101 et seq.,
E.R.S.
a Emergency Medical Technician -Basic (EMT -B) means an individual who has
b.
basic emergency medical
Colorado State Board of Medical Examiners and the rules of the Colorado Board
of Health.
has been duly certified by the Emergency Medical Services Division of the
En-v-i-r , and who is authorized
cts allowed by the
c. Emergency Medical Technician -Paramedic means an individual who has been
duly certified by the Emergency Medical Services Division of the Colorado
Department of Public Health and Environment and who is authorized to provide
�e rules of the Colorado Board
of Health.
Emergency vehicle operator means any person authorized to d
County as provided in this Chapter.
Responder Certification Program ad -ministered by the Division of Fire Safety pursuant to Section
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of Public Safety.
specifically identified as being r -competency of the performance of those
acts by such First Responders, Registered Nurses or Colorado -certified EMT -s --
Mutual Aid Agreement means a written agreement between agencies, organizations, or
....� .... r . v • �,
requisite times.
Patient means any individual who is sick, injured or otherwise incapacitated or helpless.
Physician a
visor means a medica
cirec.or.
ambulance sery
fire
7
ambulance or hospital district operating within the County, to provide emergency medical
services.
as First Responders, which provides initial care to a patient prior to the
R T erect (R N meant son duly licensed under the provisions of the Professional
Nurse Practice Act of the State of Colorado.
Rescue unit means any organized group chartered by the State as a corporation not for
rescue of lost or insured persons and induces, but is not limited to, such groups as search ant
rescue, mountain rescue, ski patrols (either volunteer or professional), law enforcement posses,
civil defense units or other organizations of governmental designation responsible for search and
rescue.
may pose a pote
S
AR
CLE
:e emergency medical care.
_icenses and Permits
Sec. 7-2-10. License for ambu
ance service.
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No person shad provide or operate an ambulance service publicly or privately in the
County unless that person holds a valid license to do so issued by the Board of County
Commissioners, except as provided in Section 7-2-80 of this Article. The fee for said
license shall be set by separate ordinance. The license shall issue only in the following
tiers of service:
Tier I: Licensure authorizing for primary care, as defined in Section 7-1-30 of this
Chapter.
Tier II: Licensure authorizing for transports of patients that originate in Weld
cilities. This licensure does not provide for
primary care, as defined in Section 7 1-30 of this Chapter.
Tier Ill: Licensure authorizing for standby service, as defined in Section 7 1-30 of
this Chapter.
The Board of County Comm-issioners reserves the right to amend these rules and
license, as needed in keeping with its legislative function and in order to implement the
policy of the State that the regulation and control of ambulance licenses is in the exclusive
purview of
approval
Weld County municipality or a district operating within the County may contract with
specific ambulance service providers which wilt serve their emergency ambulance needs.
. .
7
.
In addition to the license required by Section 7-2-10 above, for an ambulance service, the
Department shall issue a permit for each ambulance used. Said ambulance vehicle permit shall
be issued upon a finding that the a
of this Chapter and the -applicable requirements set forth in the current EMS Laws. The permit
issued for each ven+cle i It describe the max+
:•rt", or "ambulance advanced life
support"). The ambulance vehicle permit fees -hall be set by separate ordinance.
•
.
All ambulance service licenses and ambulance vehicle permits issued by the County shall expire
on December 31 of the year issued.
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rvice licensed in the County shad have a medical director, who shall comply
with all irector shall be
notified in writi-r}g by the Department of any violation of this Chapter by any ambulance service
rich the medical director provides services and oversight.
Sec. 7-2-50. A
•
•
ges as a paramedic or advanced life support
ambulance service, the staffing and equipment must comply with the definition of advanced life
support ambulance.
Sec. 7-2-60. Basic life support ambulance.
as such.
The County may enter into reciprocal licensing and permitting agreements with other counties
A. The Department may accept vehicle inspections from other Colorado counties. Said
inspections shalt have occurred within the most recent licensure period (not to exceed
twelve [12] months) by the inspecting county.
Sec. 7-2-80. Elusions.
the following:
ed at a mine when the personnel
used on the vehicles are subject to the mandatory safety standards of the federal Mine
Safety and Health Administration, or i
B Vehicles used by other agencies, including quick response teams and rescue units that
do not routinely transport patie-nts or vehicles used to transport patients for extrication
only transport patients to t
or hospital.
�e c
osest pro-ctica
point for access to a permitted ambu
ance
mass casualty incident, rend
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or transporting a patient originating outside the borders of the State.
E- Vehicles used of designed for the scheduled transportation of convalescent patients,
individuals with disabilities or persons who would not be expected to require skilled
treatment or care while in the vehicle.
Vehicles used solely for the transportation of intoxicated persons or persons
incapacitated by alcohol, as defined in Section 25-1-302, C.R.S., but who are not
G _
rea
men
or care w
ii
e in
�e vehic
e.
patients under federal responsibility.
r transporting
An ambulance service, licensed by another Colorado county, that provides only
intermittent transport of patients from the County not exceeding one hundred (100) trips
annually.
ambulance vehicle permit shall complete
and submit to the Department an application and supporting documents for approval. Said
r
P. _
r
owner of the ambulance service.
The name, address and current telephone number of the person who will be in charge of
the operation of the ambulance service.
The description of the ambulance, including the make, model, year of manufacture,
e chassis number and lengti of time
the vehicle has been in service.
operate.
The name, address and
ambulance service.
1= The area to be served by the ambulance service.
PAGE 8
i-ich the ambulance service will
�provement program for the
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G A list of all emergency medical service providers who may be called upon to respond to
an emergency with
on each person:
1. Complete name and date of birth.
2. The highest level of certification, licensure or training attained.
3. A copy of a current EMT -B, EMT -1 or EMT -P certificate issued by the Colorado
Department of Public Health and Environment; nurse licensure or an Advanced
=first Responder course
completion certificate issued by a-- Division -recognized traini-ng center or training
group.
�l Proof of a valid driver's license.
5 A current statement of criminal complaint or convictions, including Class I and II
traffic violations.
Proof of insurance, as required in Section 7-3 60 of this Chapter.
ce service in
J A current copy of the ambulance service's training standards in accordance with the
requirements approved by the ambulance service's medical director. All training must be
through a state -certified emergency medical services training center.
K. Make available for review by the Department current records of compliance with the
current EMS Laws.
any court or other tribunal.
M Such other
determination.
A list of ambulance agencies, fire departments, special districts and other EMS providers
with which the applicant has mutual aid agreements.
■ •
■ ■ `I ■ V V ■
•
After receipt of an original ap I e or ambulance
vehicle permit, or a renewal thereof, the Department shall review the application and the
apia4ican ' hicles to determine
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to the Board of County Commissioners, upon a finding that:
1. The ambulance service staff, vehicles, records, insurance, protocols, equipment
and location comply with the requirements of this Chapter.
2 _
accordance with the rules pertaining to emergency medical services of the
Colorado Department of Public Health and Environment.
application by the Board of County
meeting no less than ten (10) business days after the Director has deemed the
The Board of County Commissioners must find that the issuance of the license will
contribute to an effici ical response to
residents of the County. The Board shall consider the following:
1. The recommendation of the Director.
2 _
3. The information contained in the official record.
�- The recommendation of the W Service
(EM/TS) Council as to whether or not the issuance of the licen
of the County. The EM/TS Council shall also provide:
a. Recommended service area.
b. Recommended tier of license.
6. The applicant has complied inrequirements of this Chapter.
Sec. 7-2-110. Fraud or misrepresentation.
Obtaining or attempting to obtain I er by fraudulent means or
misrepresentation shall be grounds for den-ial. suspension or revocation of such license or permit.
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If an ambulance i
bo
ation-for a
placed in-service, but in no event
application, the Department shall inspect the new ambulance and issue the new ambulance
vehicle permit, if appropriate.
In addition to the inspection required at the time of applicati
contact all ambula
:ime an inspection
nces and related equipment shall
systems and minimum equipm
which shows the dates of the service and list of service performed. The Department may modify
this regulation or adopt additional requirements with the consent of the Board of County
Commissioners.
•
a •
• ■ a • rv■
•
Any person or entity having been denie o the
Board of county Commissioners. The request for a hearing on such denial must be in writing
and shall be filed with the Clerk to the Board no later than thirty (30) days after the date of
west for a hearing shall specify
in the applicant's request for hearing-.
•
• •
•
,
0
ownership for purposes of this Chapter. Any change of ownership or any change of stock
ownership of ten percent (10%) or more shall be reported in writing to the Director.
No license or permit issued by the Director shall be sold, ise transferred.
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e renewed annually, shall expire on December 31 of the year
applications for renewal of licenses and permits shall be made not later than sixty (60) days prior
the date of expiration. The Department shalt notify, by certified mail, return receipt requested,
ays prior to the
date of expiration.
S
•
•
•
•
For land vehicles, the ambulance driver shall meet the requirements of Section 25-3.5 202,
C.R.S. This requirement may be waived in unusual emergency conditions when no driver
meeting these requirements is available.
Sec.
A. _
•
•
trained person.
rtment a Colorado State -certified EMT -Basic or higher level
B. Ambulances responding to a call without a State -certified EMT -Basic or higher level
trainee person on board the ambulance shal immeciately, upon acknow edgment of tie
responding without such person on board. Upon notification, Weld County Regional
Communications Center shall i iately contact and dispatch back-up ambulance
service coverage.
Sec. 7-3-30. Documentation.
ice shall prepare, maintain and submit upon request copies of uniform and
s required by
the Director and/or the Colorado Department of Pu-btic Health and Environment. Such records
shall include all information de
Health and Environment and sets -- -+1--i---+1'_-- -- - A -I a +-----aint---- - --- --adequate minimum
records on the patient's medical condition and medical care provided by the ambulance service.
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•
•
•
to state.
hall complete,
Public Colorado Emergency Medical
and Trauma Services Advisory Council and approved by the State to provide information on
resourplanning and coordination -of statewide emergency medical and trauma
Sec. 7-3-50. Criminal --r
Unless waived by the B
ambulance se r i
following offenses � ithin +he previo ,� twelve r j
misdemeanor or Class I or Class II traffic offense —
Sec. 7-3-60. Insurance.
be employed by an
been convicted of any of the
i t e d to lication: felony;
A. Coverage. No emergency medical service provider shall operate in the County unless it
ance owned, operated or leased
by the ambulance service, providing coverage for injury to or death of persons in
accidents resulting from any cause for which the owner of said vehicle should be liable
for any liability imposed on trim or her by law, regardless of whether the ambulance was
being operated by the owner, tie owner's agent, lessee or any other person, and
Wo
least the statutorily requited amount of workers'
2 Public liability and property damage bodily injury:
a. Each person, six hundred thousand dollars ($600,000.00);
b._a h d six hi indredollars ($600,000.00).
3. Property Damage: Each accident,
4. Professional Liability Coverage:
a Each person, six hundred thousand dollars ($600,000.00);
b _
PAGE 13
dollars ($600,000.00).
2024-1258
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5 Ambulance vehicl
complying policy —for motor vehicles. as defined in Sections 10-4-609 and
X12-7-103. C.R.S.
B. Proof of insurance. Proof of insurance shall be filed with the Department, along with the
application for an ambulance service license as required in this Chapter. Every insurance
policy required shall contain a provision for continuing liability thereunder to the full
ecovery thereon, that the liability of the insured
shall not be affected by the insolvency or bankruptcy of the insured, and that until a policy
is revoked, the insurance company will not be relieved from liability on account of
omission of the named insured. At any time said insurance is required to be renewed,
proof of renewa s t.
Certificate of insurance requirements. A certificate of insurance, with the Board of County
covered by the policy, type of insurance (vehicle and professional liability, etc.), policy
1
contain a provision that thirty (30) days' prior written notice of any cancellation,
D Changes in the status of vehicles. Any changes in the status of vehicles listed on the
certificate of insurance during the licensing cycle shall be noted on a new certificate of
insurance and
hail be made in writing
within thirty (30) days of such changes to the Department by tie licensee, to be followed
with a certifi
require additional proof of insurance at any time needed in order to promote health, safety
and welfare of residents of the County.
Sec. 7-3-70. Safety belts.
s in the forward compartment. Attending personnel
all be
all be utilized
when feasible.
All ambulances shall deliver p I edical facility, as
determined by the physician advi-sor or his or her designee, dependent on the patient's medical
needs. When medically appropriate, the patient's preference should be considered.
Sec. 7-3-90. Approved locations; abandonment.
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e -approved by the
Director, nor shall such licensed ambulance service abandon approved locations with -out prior
notification of the Director.
operating in the County mu eral, state and
and relevant County and municipal zoning regulations.
• .
.
.
Each licensed amb
continuous quality improvement program consistent with the requirements defined in the
Colorado Board of Medical Examiners rules, 3 C.C.R. § 713 6, Rule 500, 3.2, b.
ARTICLE IV Ambulance Vehicle Requirements
Sec. 7-4-10. Specifications.
the guidefl
,
minimum, meet
of service of the ambulance service clearly visible
on said vehicles.
Sec. 7-4-20. Ambulance equipment.
Each ambulance, whether 11 be permitted as a reserve, basic life support, or advanced life
working order:
A. Emergency lighting and and
emergency vehicles.
8 Safe tires and, in addition, adequate snow tires or chains when weather conditions
demand.
child, and infant siz
reaction; and pulse oximeter (with adult and pediatric sensors).
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acadult,
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with the following: the ambulance dispatcher, the Weld County Regional Communication
center and on-line medical control.
E Body substance isolation equipment, including non -sterile disposable latex -free gloves;
protective eye wear; non sterile surgical masks; NIOSH approved N95 or superior
particulate flit i
Basic Safety equipment, including appropriate protective restraints for patients. crew,
accompanying family members, and other vehicle ocs
transport system; child p I modates a weight range of
five (5) to ninety-nine (-9-9) pounds; one (1) ten -pound (or two (2) five -pound) ABC fire
extinguisher; warning reflectors (set of three (3)); and triage tags.
�. For eider basic life support or advanced life support ambulances, additional equipment
required shall be set forth, a
to this list at his or her discretion as other needs or n
ART
. ..
ical Technicians
Department with a list of its Emergency Medical
Subsection 7 2-90.G o
Service providers
as stated in
t --fist
within thirty (30) days of the change in the list.
;ate required.
€ , � _ ter, EMT expire the �mb
lance service shall provide the
department with a written statement showing the name of the EMT, the date the certificate was
new state certificate. Failure to
on disqualifies an EMT from practice in any county ambulance service.
•
Service
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public events and not employed or utilized by a licensed ambulance service licensed by the
County shall, upon request, be able to demonstrate compliance with rules
promulgated by the County, and through the EMS Laws.
A. Emergency Medical Services contracting with, or employed by, groups or organizations
for publ. ffic-ient
personnel, er or higher level
basis, and provide proof of compliance with the insurance requirements set -forth in
8 The following is the minimum equipment required for standby services:
1. Direct communication access to 911 for requesting advance life support care.
2. Oropharyngeal airwa
3. Asso
4. Soft roller bandages.
5. Tape.
S. Blanket.
7. Triangular bandages.
8. Shears capable of cuffing cloth+ng or bandages, including heavy leather or
canvas.
9. F�a�hlight.
t -o .
11. Portable oxygen and pocket mask and administration equipment.
•
•
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The following practices shy
a license:
A. Willful and deliberate ft
when required in the event of an
emergency.
C Administering unnecessary treatment or supplies to a patient for the purpose of
increasing the patient's bill.
Administration of any substance unless under the protocol and/or order of the physician
advisor or medical control.
Charging for treatment or supplies not actually provided to a patient.
Requiring and/or allowing any employee of an ambulance service or fire department
ti
agency fatigue policy, except in cases of extreme emergency or disaster.
r a patient to the most
advisor, dependent
Conduct which constitutes a significant threat to the health or safety of the individuals
receiving emergency care from a licensed ambulance service or a fire department
licensee to provice ambu ance service.
1 Noncompliance with any rule or regulation set forth in the EMS Laws concerning the
duties -and responsibilities of emergency ical directors.
Call jumping, which is defined as a response to a c
with the knowledge that
licensed4
a
ca
un
ess t
�e ca
is o
notified to respond to the call or
a ife-critical nature and the closes:
a
such a -m -b -u -lance service
currently holds a license pursuant to this Chapter, must be filed in writing with the Director. The
written complaint must contain the name, address and telephone number where the complaining
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•
•
party may be reached, and as detail
Director will investigate such incidents. Upon completion of the investigation, the Director shah
report the resolution of the investigation to the
complai
oversees the relevant ambulance service.
Sec. 7-7-30. Temporary suspension.
other entity as
-port of all
e provided to the medical director who
erson has violated or famed to comply with any
provisions of this Chapter, the Director may tem
(30) days, any license or permi o this Chapter. The licensee or permit holder
shall receive written notice of such temporary suspension. T
se by certified mail, return receipt requested, to
the licensee or permit holder, or on the date- of service of the notice upon -the licensee or permit
holder pursuant to the Colorado Rules o
shall be he
effective date of the temporary suspension. The written notice of temporary suspension shall
include notice of the is . Prior to such hearing, the Director may
that the licensee has come into compliance with
the provisions of this Chapter.
All hearings before the
ty Commissioners. All testimony -at
the octhand
reporter is desired by any party, such reporter shall be permitted at the requesting party's
expense. The Board of County Commissioners shall make other rules and regulations for the
deemed necessary in its discretion.
•
A. The hearing before the Board of County Commissioners shall be conducted in two (2)
phases.
Durng Prase I of the hearing, the Board of County Commissioners shall determine
whether, by a preponderance of the evidence p I I (1)
or more of the following has occurred:
1. Violation of any provision of this Chapter.
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2. Violation of any state law or any ordinance or regu
County. Evidence of any violation may be considered, regardless of any
conviction thereof.
not
hear4
does
hearing shalt --progress to Phase II.
During Phase I
permit for the remainder of its term. If
whether to suspend or revoke permanently the license or permit. The Board may suspend
any license or permit issued pursuant to this chapter for any portion of or for the
remainder of its life. At the end of such period, the person whose license or permit was
two (2)- cons
h tc
revoke such license or permit. -
a (2) violations or on two (2) separate occasions
public hearing:
1. _
2.
a _
4. _
Corrective acti-one taken by the 1-icense holder.
5. The violation, offens
single event.
hase I of the
ve action.
r permit holder.
6. The likelihood of recurrence.
8. Willfulness of the v
9 The
holder being disciplined.
10. Previous sanctions imposed against the licensee or permit holder.
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11. Other factors making the situation unique to the licensee or p
to discipline.
It shall be the duty of the Director to notify local law & departments,
hospitals isor-of revocation or suspension of any ambulance service license
Of vehicle permit.
•
ergency Service
Sec. 7-8-10. Mutual aid agreements.
The County encourages a coop ach towards improved patient care. All
licensed agencies providing EMS responses in the County shall make a good faith effort to
on their area of res
Sec. 7-8-20. Repealed.
Sec. 7-8-30. Repealed.
Sec. 7 8-40. Nonliability.
ti --be kept on file for review.
r shall be construed to create a car ility remedy
in any person. This Chapter shall not be construed to create a duty to any third party where no
such duty otherwise existed. It is th
that any third party receiving —services or benefits under this Chapter shall be deemed an
The County, through the Director of the Weld County Department of
Environment, may enforce this Chapter through- methods included in this Chapter, or through
other met iods adopted by the Board of County Commissioners.
A. Any person, firm, corporation or ambulan-ce service violating any provision of this Chapter
is guilty of a misdemeanor and, upon conviction th
not more than one hundred dollars ($100.00) or by imprisonment in the County Jail for
not more than ten (10) days, or by such fine and imprisonment for each offense or
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offense.
employees, has personal knowledge of any violation of this Chapter, it shall give written
no:ice :o - ie vio a:or :o correc: suc i
novice. Siou c ie vio a:or 'al :o correc :ne vio a.ion withi-n such fifteen -day -period, the
Director may request that the Sheriffs Office issue a summons and complaint to the
violator, stating the nature of the violation with sufficient particularity to give notice of said
charge to the violator. The summons and complaint shall require that the violator appear
in court at a definite time -and place stated therein to answer and defend the charge. One
(1) copy of the summons and complaint shall be served upon the violator by the Sheriffs
Office in the manner provided by law for the service of a criminal summons. One (1) copy
transmitted to the Clerk of the Court.
the event the Board of County Commi
Commissioners may appoint the District Attorney to perform such enforcement duties in
lieu of the County Attorney.
Sec. 7-9-30. Equitable relief in civil action.
In the event that any ambulance service is being operated within the County in violation of any
provision of this Chapter, the County Attorney, or where the Board of County Commissioners
deems it appropriate, the District Attorney, in addition to the other remedies provided by law,
of
proceeding to prevent or enjoin such violation.
rm,
d in this
in an amount of not less -
hundred dollars ($500.00). It is within the discretion of the County Attorney to determine
whether to p
of the order of the County -Court dining which such violation continues shall be deemed
a separate violation and shall, in accordance with the subsequent provisions of this
Section, be the subject of a continuing penalty in an amount not to exceed fifty dollars
The Department of Public Health and Environment, through one (1) of its employees,
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ORD2024-07
action
e dismissed w
of tiis C-iapter has occurred, give written notice to the violator to correct such violation
within fifteen (15) days after the date of such notice. If the violator fails to correct the
iod granted by the
Director, the Director may request that the County Sheriff or the County Attorney issue a
ion with sufficient
particularity to give notice of such charge to the violator.
One (1) copy
be served upon the violator in the manner provided by law for the service of a County
complaint shalt also be filed with the Clerk of
the County Court, and thereafter the action shall proceed in accordance with the Colorado
Rules of County Court Civil Procedure.
If the County Court finds, by a preponderance of the evidence, that a violation of any
provision of this Chapter, as enacted and adopted by the Board of County
Commissioners, has occurred, the Court shall order the violator to pay a civil penalty in
an amount allowed pursuant to Subsection A above. Such penalty shall be payable
immediately by the violviolation
:o the -appearance date
so inform the Court and request that the
fendant.
E
an affidavit of the Depart
been cured, removed or corrected, the Court shall dismiss the action and issue a
satisfaction in full of the judgment.
the County Treasurer showing
of the
impose an
avit required by Subsection
•49la-tor in the amount specified in Subsection A
aal be imposed by the Court upon motion filed
by the County and proof that the violation has not been corrected. Thereafter, the action
shall cont-i
of an affidavit of the Department of ---Pub H alth and Environment verifies that the
violation has been corrected.
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BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Municode to supplement the Weld County Code with the amendments
contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they
currently exist within said Code; and to resolve any inconsistencies regarding capitalization,
grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections
in said Code.
BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective
of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or
phrases might be declared to be unconstitutional or invalid.
The above and foregoing Ordinance Number 2024-07 was, on motion duly made and
seconded, adopted by the following vote on the 19th day of June, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Kevin D. Ross, Chair
Weld County Clerk to the Board
Perry L. Buck, Pro-Tem
BY:
Deputy Clerk to the Board
Mike Freeman
APPROVED AS TO FORM:
Scott K. James
County Attorney
Lori Saine
Date of signature:
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First Reading May 20, 2024 ,
Publication May 26, 2024, in the Greeley Tribune
Second Reading June 5, 2024
Publication June 9, 2024, in the Greeley Tribune
Final Reading
Publication
June 19, 2024
June 23, 2024, in the Greeley Tribune
Effective June 30, 2024
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