[HISTORY: Adopted by the Borough Council of the Borough of
Mount Joy as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-8-1970 by Ord. No. 325; amended in its entirety 9-14-1992 by Ord. No.
497 (Ch. 1, Part 5, of the 1992 Code of Ordinances)]
[Amended 8-16-1993 by Ord. No. 507]
A.
The following volunteer fire company is hereby recognized to provide
first response fire-protection and/or emergency services in the Borough
of Mount Joy: Fire Department Mount Joy, Inc.
B.
The volunteer fire company has formed the Firemen's Relief Association
of the Fire Department Mount Joy as the association for the benefit
of its members and their families in case of death, sickness, temporary
or permanent disability or accident suffered in the line of duty.
C.
The above-named relief association is designated as the proper association
to receive such funds as are due and payable to the Borough Treasurer
by the Treasurer of the Commonwealth of Pennsylvania from the tax
on premiums of foreign fire insurance companies.
The Borough Council shall annually certify to the Auditor General
of the commonwealth the name(s) of the active associations and the
percentage of service they contribute to the protection of the Borough.
Such certification shall be on forms prescribed by the Auditor General.
There is annually appropriated from the Borough Treasury all
such sums of money that may hereafter be paid into the Borough Treasury
by the Treasurer of the State of Pennsylvania on account of taxes
paid on premiums of foreign fire insurance companies in pursuance
of the Act of December 18, 1984, No. 205, Section 701 et seq.,[1] as hereafter amended, supplemented, modified or reenacted
by the General Assembly of Pennsylvania. Such monies received by the
Borough Treasurer from the State Treasurer shall be distributed to
the duly recognized association(s) within 60 days of receipt. The
funds shall be distributed on the basis of the percentage of service
established in the certification to the Auditor General and with other
provisions of the Act.
[1]
Editor's Note: See 53 P.S. § 895.701 et seq.
[Adopted 8-16-1993 by Ord. No. 506 (Ch. 1, Part 9, of the
1992 Code of Ordinances)]
Fire Department Mount Joy, Inc., a not-for-profit corporation
organized under the laws of the Commonwealth of Pennsylvania, hereinafter
in this article referred to as the "Fire Company," is hereby designated
as the officially recognized volunteer fire company to provide first
due response for the Borough of Mount Joy, Lancaster County, Pennsylvania.
Borough Council hereby authorizes the Fire Company to perform
the following activities and services:
A.
To provide such services 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 material incidents and other dangerous situations.
B.
To provide nonemergency and public services such as, 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.
To conduct and participate in such training activities and drills,
either within or outside of the Borough, as may be deemed necessary
by the officers of the Fire Company to maintain proficiency in providing
services.
D.
To respond to calls and provide services to municipalities outside
the Borough when so requested by such municipality or another fire
company or when directed to so respond by Lancaster County Communications.
Borough Council hereby authorizes the members of the Fire Company
to perform the following activities and services when so requested
by an officer of the Fire Company:
The purpose of this article is to recognize the Fire Company
as the official first due response fire company of the Borough and
to state additional authorized activities for members of the Fire
Company for workers' compensation and governmental immunity purposes.
[Added 9-9-2002 by Ord. No. 3-03]
A.
Mount Joy Borough hereby authorizes the aforesaid companies to recover
the reasonable response costs (including, but not limited to, materials,
administrative, personnel and legal costs incurred from its initial
response up to the time of recovery of same) as authorized, from time
to time, by the Hazardous Material Emergency Planning and Response
Act,[1] but subject to the restrictions and procedures set forth
therein.
[1]
Editor's Note: See 35 P.S. § 6022.101 et seq.
B.
Pursuant to its rule-making authority granted by the Borough Code,[2] the Borough's volunteer fire companies are hereby
authorized and instructed to recover the reasonable costs (including,
but not limited to, the fair market value of any of such company's
materials, equipment or apparatus which may be expended, consumed
or destroyed, as well as the reasonable costs incurred to repair damage
inflicted upon same) involved in traveling to, returning from or attending
an automobile incident or accident or hazmat incident. Where not determined
by actual repair costs or fair market value, the aforesaid companies
shall follow the current Lancaster County Fire Chief's Association
Cost Recovery Fee Schedule for vehicle-related incidents which is
in effect at the time of the incident.
[2]
Editor's Note: See 53 P.S. § 45101 et seq.
C.
Except as may be provided by law or contract, any insurance maintained
by a Borough volunteer company shall remain the primary source for
compensation as the result of any damage or injury to such fire company's
personnel, equipment or apparatus. Any fire company suffering damage
as aforesaid shall have the discretion to abandon a claim against
a responsible party in the event that it has been fully compensated
by proceeds from its own insurance company and is further satisfied
that it will not, as a result of abandoning such claim, suffer any
economic detriment. This section is not intended to abrogate any responsibility
imposed upon a volunteer fire company or an insurance carrier under
an applicable insurance policy maintained by such volunteer fire company.
Any provision contained in this section which would have the result
of preventing such fire company from recovering insurance proceeds
under any insurance policy maintained by that volunteer fire company
that would exceed damages recoverable from a responsible party shall
be deemed inapplicable.
D.
All applicable costs and damages as aforesaid shall be assessed against
the responsible party. The responsible party shall be deemed to be
the party, and such party's employer if the vehicle was either
owned by an employer or being operated in the course of such employer's
business, who is determined to be responsible in an applicable police
incident report. In a one vehicle incident, the responsible party
shall be deemed to be the driver and his employer as aforesaid. In
the event the police report does not identify a responsible party,
then all drivers (and employers) involved in the incident shall be
deemed jointly and severally liable as aforesaid.
E.
The involved Borough volunteer fire company shall advise the Borough
of the amount required for reimbursement and shall supply the Borough
with a copy of the applicable police report as soon after the incident
as reasonably possible. The Borough shall make a written assessment
upon the person or persons it determines to be the responsible party
as aforesaid, as soon as reasonably possible after the costs and the
responsible party have been determined. In the event that the designated
responsible party or parties shall deny responsibility or otherwise
refuse to remit the assessment within 60 days of posting of such assessment,
the Borough volunteer fire company is hereby authorized to initiate
legal proceedings to collect the amount assessed in a court of competent
jurisdiction. All monies received pursuant to an assessment shall
be forwarded to the applicable fire company within 30 days.
F.
The Borough Solicitor is authorized to provide such assistance as
the Fire Company shall require in order to collect an assessment.
In regards to a hazmat incident, such reasonable costs incurred for
the Solicitor shall be included within the assessment.
G.
The Fire Company shall have the right to waive a claim for assessment
in any case it deems the losses to be either de minimis or where the
cost for litigation would reasonably be expected to exceed the assessment
to be collected.
H.
The companies shall attempt, to the greatest degree possible, to
standardize their procedures in regard to actions taken pursuant to
this section.
I.
Nothing in this section shall be deemed to impose any liability or
responsibility upon Mount Joy Borough, except as specifically set
forth above. All filing fees and costs of litigation, except for the
services of the Borough Solicitor, shall be the responsibility of
the companies.
J.
The companies shall be issued a police report for any incident in
which either are involved as soon as reasonably possible, at no charge.
K.
The Borough may, from time to time, by resolution, adopt a schedule
of costs to be assessed as a result of an automobile or hazmat incident,
which, upon adoption, shall supersede the Fire Chief's schedule
as aforesaid.
