[Added 8-9-2021 by Ord. No. 1453]
The purpose of this article is to provide the authority, procedures
and requirements to seek collection and reimbursement for the reasonable
costs of responding to emergency incidents, either directly or in
coordination with the Blair County Emergency Management Agency (EMA),
the Borough of Tyrone Emergency Management Coordinator (EMC), and/or
any recognized fire company serving the Borough of Tyrone. Fire service
calls, false alarms, nuisance alarms, hazardous material incidents,
environmental incidents, and safety and rescue incidents coordinated
via Blair County EMA and 911 responses, and those that use hazardous
material abatement equipment and materials, also are eligible for
reimbursement.
For purposes of this article, the following terms shall be defined
as follows:
The Blazing Arrow Hook and Ladder Fire Company, the Neptune
Steam Fire Company No. 1, and/or any fire company hereafter recognized
formally by Borough ordinance.
The Borough of Tyrone Council by and through its authority and
relationship with the fire companies, hereby authorizes the recovery
of real and reasonable costs incurred by such volunteer emergency
services organization involving any hazardous material incident, environmental
incident or safety and rescue incident or operation, including, but
not limited to, vehicular accidents and fires, that occur in the Borough
of Tyrone.
A.
The Borough recognizes the need to bill for volunteer fire, rescue
and hazmat services conducted within the Borough to aid in the provision
of emergency services.
B.
No person, firm, corporation requiring emergency services shall be
denied services due to lack of insurance or ability to pay.
C.
Any applicable charges for volunteer emergency services rendered
shall be billed directly to the user's insurance company.
D.
The Borough and/or any recognized fire company may, either directly
or through any third-party billing agency with which it has contracted
for billing and/or collections for volunteer fire, rescue, and hazmat
services, make arrangements with users of such services and/or their
financially responsible party for installment payments of bills.
A.
The Borough of Tyrone, Fire Companies, and/or any recognized fire
company, is hereby authorized to enter into a contract with a third-party
billing agency and/or collection agency for performance of emergency,
rescue and hazmat services billing and/or collection services, provided
that the following standards for third-party billing contracts are
met:
(1)
The third-party billing service is to be provided at a rate not to
exceed 15% of fees collected or at an amount consistent with the fair-market
value for services rendered.
(2)
Neither the billing agency nor any of its employees are subject to
exclusion from any user fee.
(3)
The billing agency is bonded and/or insured in amounts satisfactory
to the Borough of Tyrone.
B.
The Borough of Tyrone and/or any recognized fire company may, in
its discretion, bill additionally for material and vehicle costs in
the case of any major, extraordinary, or unique incidents, including,
but not limited to, hazardous materials spills, fire emergency and
rescue incidents that destroy or severely damage emergency services
equipment.
C.
User fees.
(1)
Volunteer fire and rescue services shall initiate user fees for the
delivery of emergency services, supplies and equipment to the scene
of any hazardous material incident, environmental incident or safety
and rescue incident or operation, including vehicular accidents and
fires that occur on the roadways in the Borough of Tyrone. The rate
of the user fee shall be that which is usual, customary and reasonable
in accordance with standard practice and industry standards.
(2)
Every person and/or utility that is provided with volunteer emergency,
rescue and hazmat services shall be billed a user fee in accordance
with this article.
(3)
The user fee for volunteer emergency services rendered shall be billed
directly to the user of such services' insurance company. If
the insurance company is not known, the user of services shall be
billed directly, with instructions to forward the bill to his/her
insurance provider.
(4)
Any and all amounts collected as a result of this article shall be
used for the replacement and maintenance of emergency services materials
and equipment.
(5)
The Borough of Tyrone may implement rules and/or regulations and/or
revoke or amend existing rules and/or regulations as may be deemed
necessary for the billing and/or collection of user fees pursuant
to this article.
A.
Any person who shall interfere with or fail to comply with any lawful
order of any member of the fire police while on duty and displaying
his lawful badge of authority shall, upon conviction thereof, be subject
to a fine of not less than $100 nor more than $1,000 and costs of
prosecution and, in default of payment thereof, to imprisonment for
not more than 30 days.
B.
Any person who violates or permits a violation of this article, upon
being found liable thereof in a civil enforcement proceeding, shall
pay a judgment of not more than $600, plus all court costs, including
reasonable attorney's fees, incurred by the Borough. Such fines
shall be determined by the officer of the Borough authorized to do
so by the Council. No judgment shall be imposed until the date of
the determination of the violation by the Magisterial District Judge
and/or Court. If the defendant neither pays nor timely appeals the
judgment, the Borough may enforce the judgment pursuant to the applicable
rules of civil procedure. Each day a violation exists shall constitute
a separate offense. Further, the appropriate officers or agents of
the Borough are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
