[HISTORY: Adopted by the Township Council of the Township
of Middletown 12-11-2023 by Ord. No. 858. Amendments noted where
applicable.]
A.
Findings. The Township Council of Middletown Township recognizes
that the duties of volunteer Fire Departments require specialized
emergency rescue tools and equipment, emergency rescue materials,
hazardous material abatement equipment and hazardous abatement materials
during emergency responses. The Township Council recognizes that such
tools and equipment place a financial burden on the Township and the
Fire Departments and the replacement of such materials and specialized
training add to the additional financial burden to the Township and
the Fire Departments.
B.
Purpose. The purpose of this chapter is to grant the recognized Fire Departments administering fire protection, firefighting, emergency services and other emergency incidents, as herein described, within the Township under the authority set forth in § 4-20C of this Code to seek reimbursement and recovery of all reasonable costs of responding to such emergency incident(s) within the Township, as allowed by applicable law.
As used in this chapter, the following terms shall have the
meanings indicated:
Rocky Run Fire Company, Middletown Fire Company No. 1, and
the Township Fire Chief, or his or her designee, individually or collectively,
designated to provide fire protection and emergency service responses
within the Township.
The schedule of billing rates for use of certain equipment,
apparatus and/or services rendered in response to emergency incident(s),
as adopted by Township Council from time to time by resolution, which
rates shall be established in accordance with rates which are usual,
customary, and reasonable within the industry.
The reasonable costs incurred by the Township and/or Fire
Departments pursuant to the rate schedule for recovery of costs for
the Fire Departments adopted by Township Council.
A.
The Township authorizes the Fire Departments to initiate use fees
for the recovery of reasonable costs incurred by the Fire Departments
for the delivery of fire services, personnel, supplies and equipment
to the scene of motor vehicle accidents, structural fires, or other
emergency incidents (each an "emergency incident" or, together, "emergency
incidents"). It is the specific intent of Township Council that the
term "emergency incident" shall also include, among other types of
recognized emergency incidents, the delivery of fire services, personnel,
supplies and equipment at the scene of hazardous material spills as
that term is generally recognized in fire services.
B.
The reasonable costs as set forth in the rate schedule may be recovered
from any identified insurance carrier or person or persons, directly
by the Fire Department, or its designee, including a third-party billing
service acting as a contracted authorized agent for the collection
of such reasonable costs (hereinafter the "designee"). In addition
to the reasonable costs as set forth in the rate schedule, the Fire
Department, or its designee, shall hereby be authorized to collect,
in addition to reasonable costs, reasonable interest and administration
fees, including reasonable attorney's fees, incurred in collection
of said reasonable costs and other fees which may be authorized for
recovery by any other statute or law.
C.
The Fire Department, or its designee, shall only have the authority
to recover reasonable costs from the applicable insurance company/carrier
up to the limit of the applicable insurance company's/carrier's
policy limits, and not any individual, unless such individual volunteers
or agrees to reimburse the said costs. The claim(s) shall be filed,
charged or made with the insurance company/carrier of the owner of
the vehicle(s), owner of property, lessee or party responsible for
the emergency incident(s).
D.
In the event that any insurance company/carrier or person or persons
should fail to pay any bill or invoice within 30 days of the mailing
or delivery of such notice of charges, the Fire Department, or its
designee, may enforce the provisions of this chapter by filing a civil
action at law in a court of competent jurisdiction for the collection
of any amounts due the Township, together with statutory interest,
court costs, collection fees and associated reasonable attorney's
fees.
A.
The Township shall not be responsible for any aspect of the recovery
of reasonable costs or other applicable fees under this chapter.
B.
The Township shall not be responsible to reimburse the Fire Departments
for any services rendered to the Township or Township personnel or
vehicles while on duty.
A.
All amounts collected as a result of this chapter shall be held in
a specifically designated fund established to be used exclusively
for the personnel, supplies and equipment of each respective Fire
Department.
B.
The amounts held in the fund established hereunder shall be distributed
by the Township evenly to each Fire Department on a quarterly basis,
less a 10% fee to be retained by the Township to offset administrative
and other costs incurred in establishing and administering the fund.
