[Adopted 5-3-2016 by Ord.
No. 209-16]
This article shall be known and may be cited as the "Jackson
Township Emergency Service Provider Cost Reimbursement Ordinance."
This article is adopted pursuant to the provisions of the Second
Class Township Code, 53 P.S. § 65101 et. seq., as amended
(the "code") and, in particular, Section 1803(b) of the code, 53 P.S.
§ 66803(b), which authorizes the Township to make rules
and regulations for the government of fire companies located within
the Township.
The Board recognizes that responses to hazardous materials incidents
and motor vehicle accidents require specialized emergency rescue tools,
equipment, and materials and hazardous material abatement equipment
and materials. The Board further recognizes that such tools and equipment
place a financial burden on volunteer fire companies, and the replacement
of such equipment and materials and specialized training places additional
financial burden on such emergency services providers.
The Board hereby adopts and enacts this article for the following
purposes:
A. To ensure the continued viability of emergency service providers
to protect and promote the public health, safety and welfare, by authorizing
emergency service providers to seek reimbursement of the reasonable
costs of responding to hazardous materials incidents and/or motor
vehicle accidents.
B. To permit financial assistance to emergency service providers who
are experiencing ever-increasing financial burdens and costs, which
costs have an adverse impact on the provision of emergency services
in the Township.
As used in this article, the following terms are hereby given
the meanings set forth below:
EMERGENCY SERVICE PROVIDER
Any volunteer fire department, ambulance and/or fire and
rescue company duly organized, acknowledged and existing in and/or
serving Jackson Township, York County, Pennsylvania.
PERSON
Any individual, partnership, company, association, society,
trust, corporation, utility company or other legal or commercial group
or entity, whether public or private.
TOWNSHIP
Jackson Township, York County, Pennsylvania.
In the event that any insurance carrier fails to pay any bill
or invoice within 30 days of the mailing of such notice of charges,
the emergency service provider directly, or any authorized agent who
mailed 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 emergency service provider,
together with any statutory interest, court costs, collection and/or
administration fees, and reasonable attorneys' fees. The remedies
provided herein shall be in addition to any other relief, remedies,
or penalties that may be appropriate and provided by law.