[Ord. of 5-14-2009]
This article shall be known and cited as the Chesterfield Township
Fire/Rescue Call Cost Recovery Amendments.
[Ord. of 5-14-2009]
The purpose of these amendments is to provide financial assistance
to the township in the operation of a fire department from those receiving
direct benefits from the fire protection service and to provide recovery
for emergency costs. A significant number of fire/rescue incidents
in the township involve acts by non-resident individuals, contractors
and/or tax exempt facilities. There has been an increased demand for
fire rescue services beyond regular firefighting, requiring additional
training, certification, licensure and specialized equipment. As a
result, the township finds that a greater operational and financial
burden has been placed on the township's fire department by the actions
of and demands for service from non tax paying entities. A further
burden has been placed on the township's fire department from drivers
operating a vehicle while under the influence of intoxicants or controlled
substances, who are more likely to cause personal injury or property
damage and require fire/rescue services. These amendments are necessary
to recover such increased emergency response costs.
[Ord. of 5-14-2009]
This article is adopted pursuant to, and in accordance with,
Public Act 33 of 1951, as amended (Michigan Compiled Law 41.806(a)
et al).
[Ord. of 5-14-2009]
The following words, terms and phrases, when used in this article,
shall have the following meanings in this section:
Means all direct and reasonable costs related to an emergency
response incurred by the township fire department. These cost shall
include, but are not limited to, the costs of firefighting, emergency
medical and rescue services; the salaries, wages, fringe benefits
of any personnel engaged in investigating the incident and all costs
of any related reports; and all costs connected with the supervision
of personnel responding to or investigating any incident.
Means providing, sending or utilizing firefighting, specialized
rescue, hazardous materials mitigation or emergency medical service
by the township fire department, by another municipality under the
mutual aid guidelines, or by a private individual or corporation operating
at the request or direction of the township fire department.
Means the organization that sets fee schedules for fire department
response outlining operational cost and expenses. The fees set by
MCFCA are periodically adjusted and are listed in the mutual aid agreement
governing all Macomb County fire departments. Fees will be based upon
the current governing fee schedule of the mutual aid agreement. A
copy of the current mutual aid agreement is available at the Chesterfield
Township Fire Department.
[Ord. of 5-14-2009]
The following charges shall hereafter be due and payable to
the township from a recipient of any of the following enumerated services
from the township fire department:
(1)
Motor vehicle related incident, initial response/rescue/medical treatment:
$250.
(2)
Motor vehicle related incident clean-up using hazmat kit: $250.
(3)
Intentional fire in a commercial establishment: $1,200.
(4)
Intentional fire in an industrial or manufacturing establishment:
$1,200.
(5)
Confined space rescue (emergency response, first operational hour):
$1,653.75.
(6)
Confined space rescue (emergency response, second hour and beyond):
per MCFCA.
(7)
Confined space rescue (nonemergency/continuous on site stand-by):
per MCFCA.
(8)
Hazardous materials operation (initial response - first operational
hour): $1,653.75.
(9)
Hazardous materials operation (second hour or more): per MCFCA.
(10)
Emergency ice rescue services (per person): $570.
(11)
Water craft rescue (per person): $570.
(12)
Aircraft and boat fires (nonresident): $1,200.
(13)
Multiple fires at same location within a continuous twelve-month
period (third incident or more): $1,200.
(16)
Stand-by fee for utility providers: Second hour or more/per
hour: per MCFCA.
[Ord. of 5-14-2009]
(a)
Motor vehicle related incidents. Billing for motor vehicle response services under subsections 38-174(1) and (2) of this article will be submitted by the fire department to the insurance carrier(s) of all involved vehicles. If payment is not received from the insurance carrier, the fee for service will be forwarded to the individual involved in the accident. Such fee may be adjusted and/or waived based upon hardship or other considerations, following review by a designated three-member safety committee, provided, however, that the driver was legally operating the motor vehicle. The three-member safety committee shall consist of one fire department command officer, one police department command officer, and one civilian member appointed by the township supervisor. If the owner/operator of the motor vehicle under subsection 38-174 (1) and (2) is a resident of Chesterfield Township, and that resident is legally operating the motor vehicle, the above fees are waived. The full fee for services will be imposed if the driver was operating the motor vehicle illegally. Illegal operation of the motor vehicle includes, but is not limited to the following:
(1)
Operation of a motor vehicle while under the influence of intoxicants
or drugs (or a combination thereof).
(2)
Operation of a motor vehicle without a valid license.
(3)
Operation of a motor vehicle without valid registration and/or
valid insurance.
(4)
Operation of a motor vehicle in a reckless or hazardous manner
with disregard for public safety.
(5)
Operation of a motor vehicle that results in a traffic citation
being issued by any law enforcement officer.
(6)
Determination that the driver was the "at fault" driver in an
accident, as designated by the police department in the accident investigation
report.
(b)
Necessity of additional fees. The dollar amount for services discussed in section 38-174 is the base fee for a single fire station response, utilizing on-duty personnel. Additional fees may apply if off-duty personnel are re-called or if outside agencies are required. Additional fees that are assessed for the reimbursement of other municipal fire departments providing service will follow the fee schedule in place on the date of the incident for personnel and apparatus as outlined by the Macomb County Fire Chiefs Association Mutual Aid Pact. Fees applied for other municipal service providers (police department, department of public works, etc.) and for private contractors will reflect actual billing as submitted.
[Ord. of 5-14-2009]
All of the foregoing charges shall be due and payable within
30 days from the date the service is rendered and payment in default
shall be collectible through proceedings in district or circuit court
or in any court of competent jurisdiction as a matured debt.
[Ord. of 5-14-2009]
The township may proceed in district court or circuit court
by suit to collect any monies remaining unpaid and shall have any
and all other remedies provided by law for the collection of said
charges.
[Ord. of 5-14-2009]
The following properties and services shall be exempt from the
foregoing charges:
[Ord. of 5-14-2009]
The foregoing rates and charges shall not be exclusive of the
charges that may be made by the township for the costs and expenses
of maintaining a fire department, but shall only be supplemental thereto.
Charges may additionally be collected by the township through general
taxation after a vote of the electorate approving the same or by a
special assessment established under the Michigan statutes pertinent
thereto. General fund appropriations may also be made to cover such
additional costs and expenses.
[Ord. of 5-14-2009]
When a particular service rendered by the township fire department
directly benefits more than one person or property, the owner of each
property so benefitted and each person so benefitted where property
protection is not involved shall be liable for the payment of the
full charge for such service hereinbefore outlined. The interpretation
and application of the within section is hereby delegated to the township
fire chief subject only to appeal, within the time limits for payment,
to the township board and shall be administered so that charges shall
only be collected from the recipients of the service.
[Ord. of 5-14-2009]
All resolutions, ordinances or parts thereof in conflict with
the provisions of this article are to the extent of such conflict
hereby repealed.
[Ord. of 5-14-2009]
If any section, paragraph, clause or provision of this article
is for any reason held to be invalid or unconstitutional, the invalidity
or unconstitutionality of such section, paragraph, clause or provision
shall not affect any of the remaining provisions of this article.
[Ord. of 5-14-2009]
A true copy of the amendments to the ordinance from which this
article derives or a summary thereof shall be published twice in a
newspaper of general circulation in the Charter Township of Chesterfield.
[Ord. of 5-14-2009]
This article shall take effect 30 days after the publication of a true copy or summary of the ordinance from which this article derived as provided in section 38-183.
