[HISTORY: Adopted by the Board of Supervisors
of the Township of Lehigh as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-10-1995 by Ord. No. 1995-1]
The Lehigh Township Volunteer Fire Company No.
1, organized and existing in the Township of Lehigh, Northampton County,
Pennsylvania, is hereby designated as the officially recognized fire
company for the Township.
A.
The Fire Company recognized by the Township is hereby
authorized to provide such services to the Township as may be necessary
for the protection of property and persons situate therein, which
include, by way of example and not of limitation, the extinguishment
and prevention of loss of life and property from fire, automobile
accidents, medical emergencies, hazardous materials incidents, and
other dangerous situations.
B.
The Fire Company may also provide nonemergency and
public service functions, such as, again by way of example and not
of limitation, removing water from property after storms, and assisting
in the removal, abatement and prevention of damage or injury to persons
or property, whether through natural causes or man-made situations.
C.
The Fire Company may also conduct and participate
in such training activities and drills, either within or outside of
the Township, as may be deemed necessary by the officers of the Fire
Company to maintain proficiency in providing service.
D.
The Fire Company may also respond to calls and provide
services to municipalities outside of the Township.
In addition to actually participating in the
activities of the Fire Company as authorized above, or in going to
or returning from any activity, the members of the Fire Company recognized
by the Township are also authorized to do the following things:
A.
Engage in any type of drill, training ceremony, practice,
test or parade when duly called for or authorized by an officer or
officers of the Fire Company;
B.
Engage in fund-raising activities for the Fire Company,
when authorized by an officer or officers of the Fire Company;
C.
Engage in the performance of any other duty or activity
authorized by any officer of the recognized Fire Company.
The purpose of this article is to recognize
the Fire Company as the official fire company of the Township and
to state additional authorized activities for fire fighters for workmen's
compensation purposes.
[Adopted 9-22-2009 by Ord. No. 2009-6]
This article shall be known as the "Lehigh Township Fire Company
Recovery Ordinance."
All whereas clauses set forth above are hereby incorporated
herein as though the same were more fully set forth at length.[1]
[1]
Editor's Note: The full text of Ord. No. 2009-6 is on
file in the Township offices.
The Lehigh Township Fire Company is authorized and directed
by and through its officers and authorized representatives to ascertain
what insurance coverages may be applicable and available under any
given circumstance, and to take all necessary and affirmative steps
to apply for and receive reimbursement from any insurance carrier
where a property owner or business owner is or may be insured to reimburse
the Lehigh Township Fire Company for any costs and/or expenses incurred
for services, supplies and/or equipment used for or provided to the
property owner or business owner by the Lehigh Township Fire Company.
The Lehigh Township Board of Supervisors further authorizes
the Lehigh Township Fire Company to recover reasonable costs of firefighting
for the fire-fighting materials and equipment and hazardous abatement
materials involved in any and all hazardous abatement material incidents
as are recoverable under the Hazardous Material Emergency Planning
and Response Act.[1]
[1]
Editor's Note: See N.J.S.A. 35 P.S. § 6022.101
et seq.
However, and notwithstanding anything herein to the contrary,
under no circumstances shall any property owner receive a bill from
the Lehigh Township Fire Company for fire protection or other services
provided by the Lehigh Township Fire Company except in cases of false
alarms and/or fires which are intentionally set by the property owner.
This article shall be liberally construed to accomplish its
purposes to compensate and/or reimburse the Lehigh Township Fire Company
from insurance proceeds or costs and/or expenses incurred while providing
services pursuant to their duties for the Lehigh Township Fire Company.
The costs and fees as outlined in this article shall be recovered
directly by the Lehigh Township Fire Company by direct billing of
the Lehigh Township Fire Company or by an attorney, collection service
or agency contracted by the Lehigh Township Fire Company. In addition
to the costs and fees as outlined in this article, the Lehigh Township
Fire Company or any attorney or collection service or agency contracted
by the Lehigh Township Fire Company shall be authorized to collect
any reasonable interest and administration fees for collecting the
costs and fees.
In the event any insurance carrier or person fails to pay any
bill or invoice within 30 days of the mailing or delivery of such
notice of charges, the Lehigh Township Fire Company or any attorney
or agency contracted by the Lehigh Township Fire Company who mailed
or delivered the bill or invoice may enforce the provisions of this
article by filing a civil action at law in a court of competent jurisdiction
for the collection of any amounts due to the Lehigh Township Fire
Company together with statutory interest, court costs, collection
fees and reasonable attorney's fees. The remedies provided herein
shall be in addition to any other relief, remedies or penalties that
may be appropriate or provided by law.
