This article is adopted to provide for assessment and collection
of a fee for certain emergency services in an amount equivalent to
cost of the service provided.
The following terms, phrases, words, and their definitions shall
have the meanings herein, unless the context otherwise requires:
EMERGENCY RESPONSE OR SERVICE
A response by police, fire, ambulance, or other emergency
responder requested by personnel of the Township Public Safety Department
to an emergency incident or call for assistance to an emergency response
situation, technical rescue, or a Public Safety Department response
to an event.
EMERGENCY SERVICE FEE
The cost incurred by the Township as a result of providing
emergency police, fire, or ambulance and inhalator services to a person
within the Township and includes, but is not limited to, the following:
A.
Costs or expenses incurred by the Township Public Safety Department
and other public officials or bodies, including all actual out-of-pocket
expenses incurred as a result of providing the emergency service;
the costs of equipment, operations, and personnel; the cost of materials
used in the incident; and other incidental costs and/or expenses incurred
by the Township.
B.
Other costs and expenses incurred by the Township in providing
the emergency service, including equipment, labor, consultants, legal
and engineering fees, the replacement cost of extinguishing agents,
and the cost of supplies used in the incident.
C.
The costs incurred in accounting for the emergency services
rendered, including billing and collection costs, actual attorney
fees incurred for collection of an emergency fee under this article,
and dispatch costs.
NONRESIDENT
A person or entity that does not reside or have a principal
office or place of business within the Township, and that does not
pay property taxes in the Township. An employee, agent or contractor
of a business or an owner of residential property in the Township
is a nonresident unless the person owns a business or property and
pays taxes to the Township. An owner of property that is exempt from
property taxes is excluded from this definition and is considered
a resident for the purpose of this article.
RESPONSIBLE PARTY
Any individual, partnership, corporation, limited liability company, association, consortium, governmental entity, or any other legal entity that causes or is responsible for an emergency response situation as described in §
7-17.
SPECIAL EVENT
An event or occasion occurring on a nonpermanent basis, such
as a celebration, festival or temporary display, which is different
than the normal lawful use of the premises where the event is to be
held.
TECHNICAL RESCUE
All services rendered to save life or property that employ
the use of tools and skills that exceed those normally needed for
firefighting, medical emergency, and rescue. Technical rescue includes
but is not limited to:
B.
Structural collapse search and rescue.
C.
Confined space search and rescue.
D.
Vehicle search and rescue.
E.
Wilderness search and rescue.
F.
Trench and excavation search and rescue.
G.
Machinery search and rescue.
I.
Mine and tunnel search and rescue.
J.
Helicopter search and rescue.
Whenever it is determined by the Director of Public Safety or his/her designee that a person is a responsible party under this article for an emergency service fee under §
7-17, an invoice for an emergency service fee as defined in §
7-16 shall be delivered by first class mail to the responsible party or parties responsible for the emergency service fee. The invoice shall be due and payable within 30 days of the date of invoice or mailing date, whichever is later.
The Township may pursue any legal remedy or initiate any appropriate
action or proceeding as provided by law to collect an emergency service
fee assessed under this article. When a particular emergency service
is provided to more than one person or property, each responsible
person benefited and each responsible property owner benefited shall
be jointly and severally liable for payment of the invoice in full
for the emergency services rendered.