[HISTORY:[1] Adopted by the Borough Council of the Borough of Lake
City 9-14-2009 by Ord. No. 389-09. Amendments noted where applicable.
[1]
Editor's Note: Former Ch. 33, Dump, Use of, adopted 10-22-1973
by Ord. No. 209-73, was repealed 11-17-1997 by Ord. No. 331-97.
As used in this chapter, the following terms shall have the
meanings indicated:
The Lake City Fire Company or a designee of the Lake City
Fire Company that provides emergency medical services or services
pursuant to dispatch under the E-911 system and any other emergency
medical service provider providing emergency medical services under
a mutual-aid agreement with the Fire Company or its designee.
The Lake City Fire Company which provides fire protection
and related services under an agreement with the Borough, and includes,
for purposes of authorization to invoice and recover fees for services,
designees or contractors of such company and any fire department of
another municipality providing services under any mutual-aid agreement
or dispatch under the E-911 system.
Any natural person(s), partnership, corporation, limited-liability
partnership or corporation, association, firm, insurance carrier,
servicing agent or other legal entity.
A.
A fire company or provider is hereby authorized, pursuant to the
laws of the Commonwealth of Pennsylvania, any agreement between the
Borough and the Lake City Fire Company and this chapter, to recover
the usual, reasonable and customary costs of materials used and expended
and to recover a fee for the use of equipment, hazardous situation
abatement materials and personnel costs used in or devoted to any
fire, safety, rescue and/or hazardous waste abatement incident, including,
but not limited to, those caused by vehicular accidents and/or fires.
B.
Emergency medical service providers are herby authorized, pursuant
to the laws of the Commonwealth of Pennsylvania, agreements between
the Borough of Lake City and the Lake City Fire Company and agreements
between fire departments and any provider pursuant to this chapter,
to recover the usual, reasonable and customary costs of materials
used and expended, use of equipment, personnel services and transport
costs used in or devoted to the providing of emergency medical services
and emergency transport.
C.
Fire companies and emergency medical service providers shall establish
schedules of fees and costs for their respective services, which may
be amended from time to time. Such schedules of fees and costs shall
be posted at the company's or provider's business offices
and shall be made available to persons upon request. The costs and
expenses authorized by this chapter shall be submitted at least annually
by the emergency medical service provider and the fire company to
Borough Council for approval by resolution, as needed. Except for
extraordinary situations involving charges not regularly incurred
by the emergency medical service providers or fire company, only charges
approved by motion at a public meeting shall be deemed reasonable
and eligible for reimbursement.
A.
Costs, expenses and fees authorized in § 33-2C, of this chapter shall be charged, collected and recovered directly by the Lake City Fire Company, the emergency medical service provider and/or their appointed designee or agent. The person invoiced for such costs, expenses and fees, and/or that person's insurance carrier, servicing agent or other representative, shall remit payment of invoiced costs, expenses and fees directly to the Lake City Fire Company or emergency medical service provider, as applicable.
B.
In addition to such costs, expenses and fees, fire companies and
emergency medical service providers are authorized to impose interest
or finance charges upon invoice amounts not paid within 30 days after
the invoice date at such rates as are authorized by the laws of Pennsylvania.
C.
In addition to such costs, expenses and fees, in the event fire companies
and emergency medical service providers are compelled to initiate
private collection or legal proceedings to collect sums due, such
provider, in addition to all costs, expenses, fees and interest or
service charges due, shall be entitled to recover in such proceeding
all attorneys' fees, collection agency fees, filing fees and
litigation expenses reasonably incurred in the proceeding.
A.
Any person violating the provisions of this chapter shall pay a fine
in an amount not less than $250 and not more than $600 per violation
for each day in violation of this chapter. Each day that a violation
continues shall be considered a separate violation.
B.
Upon a finding of violation, any person violating any provision of this chapter shall be sentenced to pay fines as prescribed in Subsection A, plus costs and all attorney's fees incurred by the Borough and/or fire companies and/or emergency medical service providers and/or their agents in the proceedings.
