ORD NO 07-2007 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. -2007
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED.
AN ORDINANCE PROVIDING FOR FINES AND PENALTIES
FOR VIOLATIONS OF CITY ORDINANCES 8 -2006 AND
14 -2006, DECLARING AN EMERGENCY, AND FOR OTHER
PURPOSES.
WHEREAS, The City of Van Buren, Arkansas, is authorized pursuant to the Arkansas MUNICIPAL
AMBULANCE LICENSING ACT, ARKANSAS CODE ANNOTATED 14- 266- 102(a)(i) to
franchise and regulate emergency and non emergency ambulance services and
companies providing such services; and
WHEREAS, The City of Van Buren has determined that it is appropriate to exercise such authority
and has exercised such authority by adoption of Ordinances 8 -2006 and 14 -2006 in
order to provide for the health, safety and welfare of its citizens; and
WHEREAS, The City is aware of actual or potential violations of such enactments and has
determined that additional measures are necessary for the enforcement of such
ordinances; and
WHEREAS, the promulgation and adoption of this Ordinance is made pursuant to the City of Van
Buren's police power; and
WHEREAS, the City of Van Buren has found that purposes herein require immediate attention,
for the protection of the health, welfare and safety of the inhabitants of the City of
Van Buren, and as herein set out, an emergency exists and is hereby declared to exist,
and this ordinance shall be and become effective immediately upon this passage and
adoption by the City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN, ARKANSAS:
SECTION 1: Any person, entity, firm, corporation or association "ambulance provider found
to be offering or providing ambulance services, either emergency or non emergency,
in violation of Van Buren Ordinance No. 8 -2006 and 14 -2006, upon conviction
shall be subject to fines of not less than One Hundred Dollars ($100.00) but not more
than Five Hundred Dollars ($500.00) and these penalties shall assess per violation.
Each unauthorized ambulance run or response shall be considered a separate
violation.
SECTION 2: The provisions of this Ordinance shall not apply to any ambulance provider
authorized to conduct business outside of the City of Van Buren, who transports
persons or patients into or through the City of Van Buren incidental to an emergency
or non emergency call obligation originating outside the city limits of the City of Van
Buren.
SECTION 3: The purpose and enforcement of this Ordinance shall not apply to any ambulance
provider performing services as part of mutual aid agreement, or incident to mass
casualty or disaster, or as incidental to a state or federal contract, or for services
otherwise exempt for the MUNICIPAL AMBULANCE LICENSE ACT.
SECTION 4: Any dispatcher, operator, or other persons who willfully dispatches an ambulance
service, within the city limits of Van Buren, to a service provider other than one
covered by an exclusive franchise agreement shall be guilty of a misdemeanor and
subject to a fine not to exceed Five Hundred Dollars ($500.00).
SECTION 5: Emergency Clause. It is hereby found and determined by the City Council that an
emergency exists in the City of Van Buren, Arkansas, requiring the enforcement of
the exclusive emergency and non emergency ambulance franchise agreement. This
Ordinance being necessary for the immediate preservation of the public health, safety
and welfare, an emergency is therefore declared to exist and this ordinance shall be
in full force and effect from and after the date of its passage.
SECTION 6: The various provisions and parts of this Ordinance are hereby declared to be
severable, and, if any section or part of a section, or any provision or part of a
provision herein, is declared to be unconstitutional, inappropriate, or invalid by any
court of competent jurisdiction, such holding shall not invalidate or affect the
remainder of this Ordinance and to that extent the provisions hereto are declared to
be severable.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
appro'_E, and adopt, by a vote of (0 for and 0 against, the foregoing Ordinance at its
reefing held on the 16th day of April 2007.
I P
Robert D. Freeman, Mac_.
ATTESTED: APPROVED
/t APPROVED AS TO FORM:
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Barbie Curtis, City Clerk/Treasurer N. D n1 Je ins, Jr., e .mey