AGO 1996-158.

• Case Date: March 26, 1996
• Court: Alabama

Alabama Attorney General Opinions 1996. AGO 1996-158. 1996-158March 26, 1996Honorable A. T. Minor Mayor, City of Millbrook P. O. Box C 3821 Grandview Road Millbrook, AL 36054 Municipalities - Ambulance ServiceThe City of Millbrook is not required to place a private ambulance service on a rotation system for emergency 911 calls where the city has not contracted with the ambulance company for ambulance service.Dear Mayor Minor: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTION Is the City of Millbrook under an obligation to place a private ambulance service/company on a rotation system for emergency 911 calls? FACTS, LAW AND ANALYSIS The following facts were set out in the resolution of request: 1. The City of Millbrook, Alabama, operates a duly authorized Volunteer Fire Department (VFD) pursuant to Section 11-43-140, Code of Alabama 1975. 2. The VFD operates an ambulance and rescue service as authorized by Sections 11-87-1 through 5, and 9-3-17 and 18, Code of Alabama 1975. This service responds to all emergency (911) calls requiring an ambulance. 3. The City permanently employs three fire/medics, any one of whom is on duty from 5:00 a.m. to 5:00 p.m., after which time the City relies on volunteers. 4. A private ambulance company began operating within the City approximately two and one-half years ago. The owner has asked that his company be placed on a "rotation" system for emergency ambulance calls. 5. Except for not being dispatched on 911 calls, the private ambulance company is free to operate within the City and its police jurisdiction. 6. The owner of the ambulance company had knowledge of the existence of the VFD ambulance service prior to establishment of his business. Code of Alabama 1975, _ 11-87-1 provides: "The governing body of any county or the governing body of any municipality within such county is hereby authorized to create and establish, maintain and operate ambulance service within the county, or within the municipality, to promote the health, welfare and safety of the residents of the county and municipality and of citizens and others traveling within such county and may make all needful rules and regulations for the control and management of such service." A...