[HISTORY: Adopted by the Board of Supervisors of the Township of Lehigh as indicated in article histories. Amendments noted where applicable.]
Article I Recognition of Fire Company
Article II Recovery of Fire-Fighting Costs
[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.
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.
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.
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.
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:
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;
Engage in fund-raising activities for the Fire Company, when authorized by an officer or officers of the Fire Company;
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.
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.
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.