[Adopted 8-31-2004 by Ord. No. 2004-12]
As used in this article, the following terms shall have the
meanings indicated:
The Fire Department or designee of the Fire Department (currently
Millcreek Paramedic Service) providing emergency medical services
pursuant to dispatch under the E-911 system and any other emergency
medical service provider providing emergency medical services under
mutual aid agreement with the Fire Department or its designee.
The Fire Department providing fire protection and related
services under agreement with the Township, and shall include for
purposes of authorization to invoice and recover fees for services
designees or contractors of such Department and any fire department
of another municipality providing services under 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.
Fire departments are hereby authorized, pursuant to general laws,
agreements between the Township and fire departments and this article,
to recover the usual, reasonable and customary costs of materials
used and expended, use of equipment, hazardous situation abatement
materials and personnel services used in or devoted to any fire, safety,
rescue and/or hazardous waste abatement incident, these including
but not limited to vehicular accidents and fires.
B.
Emergency medical service providers are hereby authorized, pursuant
to general laws, agreements between the Township and fire departments
and between fire departments and the provider and this article, 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 provision of emergency medical services
and emergency transport.
C.
Fire departments 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 department's or provider's business offices and shall
be made available to persons upon request. The costs and expenses
authorized by this article shall be those established in current and
posted schedules.
Millcreek Township generally shall not seek to recover as damages
costs of its general governmental operations. The Township shall be
authorized to recover costs and expenses in certain extraordinary
situations, including the following:
A.
Where the presence of uniformed or nonuniformed police officers at
events attracting large crowds is deemed a necessary protection to
the public by the Chief of Police, he or she shall have full authority
to require that the person, entity or organization conducting such
event shall employ such number of uniformed or nonuniformed police
officers as may be designated by the Chief.
B.
Where presence of uniformed or nonuniformed police officers is requested
by the person, entity or organization sponsoring an event for reasons
other than general public safety for which the Department is responsible,
such sponsor shall pay all costs of the Police Department's providing
such personnel for the requested period(s) of time.
C.
Where the Police Department is asked by another governmental agency
to provide services to safeguard a potential crime scene after the
incident and incurs additional expense for personnel, equipment, materials
or contracted services as a result, the Township shall be authorized
to seek recovery and reimbursement of such additional expenses.
D.
Where the Township is requested by a private person or other governmental
agency to provide services of a department other than the Police Department
to assist in an emergency caused by an incident or to assist the private
person other than within the scope of its general municipal services,
the Township shall be authorized to seek recovery and reimbursement
of such additional expenses and, in the case of assisting private
persons, to require payment of defined costs and expenses in advance.
A.
Costs, expenses and fees authorized in § 55-11 of this article shall be charged, collected and recovered directly by the Fire Department, the emergency medical service provider 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 Fire Department or emergency medical service provider, as is applicable.
B.
Costs, expenses and fees authorized in § 55-12 of this article shall be charged, collected and recovered directly by Millcreek Township or its 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 Millcreek Township.
C.
In addition to such costs, expenses and fees, fire departments, emergency
medical service providers and the Township are authorized to impose
interest or finance charges upon invoiced amounts not paid within
30 days after the invoice date, at such rates as are authorized by
the laws of Pennsylvania.
D.
In addition to such costs, expenses and fees, in the event fire departments,
emergency medical service providers or the Township 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 attorney's fees, collection agency fees, filing fees and litigation
expenses reasonably incurred in the proceeding.
