[HISTORY: Adopted by the Mayor and Borough Council of the Borough
of Gibbsboro as indicated in article histories. Subsequent amendments noted
where applicable.]
[Adopted 1-22-1974 by Ord. No. 73-14
(Ch. 14 of the 1982 Code)]
The Borough of Gibbsboro recognizes Gibbsboro Volunteer Fire Company
No. 1 as a duly constituted volunteer fire company and designates it as an
instrumentality of the Borough to protect the public from the hazards of fire,
actual and potential, and to that end to use the hydrants and other facilities
of the Borough.
There shall be a Chief of the Fire Department and such other officers
and members as shall be elected by the membership.
A.Â
Qualifications. No person shall hereafter become a member
of the Fire Company unless he is above the age of 18 years, is a citizen of
the United States, and is qualified pursuant to the bylaws of the Gibbsboro
Fire Company.
[Amended 7-28-1999 by Ord. No. 99-04]
B.Â
Procedure. Every person seeking to join the Fire Department
shall make application to the company which he desires to join, and, upon
his election to membership by vote of a majority of the unit present and voting,
he shall become a member in good standing of the Fire Department after confirmation
by the Borough Council, and his name shall be entered on a roll of firemen
kept by the Borough Clerk. The Borough, upon not confirming any member, will
notify the Fire Department in writing within 30 days of reasons for rejection.
The officers of the Fire Department and the company officers shall be
chosen annually by the members in accordance with their bylaws.
A.Â
All fire equipment and apparatus of the volunteer fire
organization shall be under the control of the Borough; provided, however,
that the Department shall have the right to replace with equivalent equipment
all or any part of the apparatus and equipment, and provided further that
any sale of equipment shall first receive prior approval of the Borough Council.
B.Â
All fire equipment and apparatus purchased by the Borough
for use by the Fire Department shall be the property of the Borough. All fire
equipment and apparatus purchased by the company shall remain the property
of the company, under the control of the Department. All moneys contributed
by the Borough as set forth in each annual budget shall be expended for equipment
and apparatus for the use of the Fire Department, by the Fire Department and
subject to the approval of the Council.
Pursuant to N.J.S.A. 40A:14-59, a fireman otherwise qualified who has
performed 60% of fire duty in the Fire Department in each year during seven
years shall be entitled to an exempt fireman's certificate, to be issued within
90 days of the date of his qualification, and to all the rights, privileges
and immunities provided by law for the holder of such a certificate.
[Adopted 12-15-2003 by Ord No. 2003-14]
As used in this article, the following terms shall have the meanings
indicated:
The Gibbsboro Fire Company.
A natural person or persons, corporation, partnership, association,
firm or other legal entity, not a resident of the Borough of Gibbsboro.
The Mayor and Council authorize the Fire Company to recover the costs
of fire-fighting materials used and expended, the costs of use of the fire
trucks, fire engines, rescue equipment and tankers, the costs of personnel
hours and hazardous situation abatement materials involving any fire, safety
and rescue incident or operation, and hazardous abatement incident arising
out of any motor vehicle incident regardless of location which requires the
services of the Fire Company.
Attached hereto, incorporated herein and made a part hereof, as Exhibit
A is a schedule of fees and costs which have been authorized by Mayor and
Council of the Borough of Gibbsboro to be charged by the Fire Company. These
fees and costs may be charged and invoiced to any person defined herein or
insurance carrier for whom or for whose property such services were rendered
and/or materials provided. The schedule of fees and costs attached hereto
may be amended as required by resolution of the Borough Council.[1]
[1]
Editor's Note: The most recent schedule of fees and costs is on file
in the Clerk's office.
[Amended 10-10-2007 by Ord. No. 2007-8]
Said costs and fees as outlined in Exhibit A shall be recovered by direct
billing of the Fire Company or any other third-party billing service designated
by the Mayor and Council. The utilization of any other third-party billing
service designated by the Mayor and Council shall be for those situations
or collection situations in which any other designated third-party billing
service can be best utilized.
[Amended 10-10-2007 by Ord. No. 2007-8]
In addition to the aforementioned fees and costs, the Fire Company or
any other third-party billing service as designated by the Mayor and Borough
Council is authorized to collect reasonable interest and administration fees
for collecting said fees and costs.
[Amended 10-10-2007 by Ord. No. 2007-8]
In the event that a person utilizing the services or materials fails
to make payment for those fees and services or any other third-party billing
service as designated by the Mayor and Borough Council then, upon receipt
of notice of failure of payment, the Mayor and Council of the Borough of Gibbsboro
may elect to bring an action in a court of competent jurisdiction for the
collection of any amounts due hereunder plus attorney's fees or for any other
relief that may be appropriate.
