[1]
Editor's note — Former Ch. 23.55 was moved to Ch. 27.50 by AO No. 2019-134(S).
"Accidental alarm"
means an alarm set off and transmitted through accidental operation of an automatic or manual fire alarm device, frequently caused by low air pressure on an automatic fire-extinguishing system, dry valves, excessive heat due to industrial processes or cold weather.
"Call out"
means the initial response of a fire department to a report of an emergency.
"Needless alarm"
means an alarm of fire apparently given in good faith which proves to be needless because fire department assistance was not required.
(AO No. 2015-127, § 1, 4-1-2016; AO No. 2019-134(S), § 2, 11-5-2019)
The policy of the municipality is to provide emergency services within service areas to the maximum extent possible within the budgets approved by the Assembly and supported by taxes raised within the service areas. Further, the municipality recognizes a supplementary obligation to protect lives and property from harm by emergencies in areas of the municipality and areas bordering the municipality which do not support emergency response services by taxes or voluntary contributions sufficient to maintain a volunteer fire department capable of responding adequately to all calls 24 hours per day, seven days per week throughout the year.
(AO No. 2015-127, § 1, 4-1-2016; AO No. 2019-134(S), § 2, 11-5-2019)
In areas outside of fire or EMS service areas, and in areas with no applicable mutual aid agreement, $600 shall be charged for call out of a Fire Department. After the first hour, hourly rates for each piece of emergency response apparatus used in emergency response shall be charged in accordance with the following:
A. 
Engine company: $300 per hour;
B. 
Ladder truck: $300 per hour;
C. 
Heavy rescue: $300 per hour;
D. 
Tender: $300 per hour;
E. 
Brush engine: $300 per hour;
F. 
Command Officer vehicle: $200 per hour;
G. 
Hazardous materials unit: $300 per hour;
H. 
Special team unit: $300 per unit;
I. 
Ambulance: Reimbursed by patient transport fee per section 16.95.070, except when patient not transported, $300 per hour.
(AO No. 2015-127, § 1, 4-1-2016; AO No. 2016-36(S), § 4; AO No. 2018-100(S), § 6, 1-1-2019; AO No. 2019-134(S), § 2, 11-5-2019)
A. 
The responsibility for payment of the charges in section 23.55.300 shall rest jointly and severally upon the following:
1. 
Owners of the property upon which the emergency originated;
2. 
Tenants of the property upon which the emergency originated;
3. 
Persons residing on the property upon which the emergency originated;
4. 
Any person legally responsible for the emergency by reason of negligence or otherwise; and
5. 
Organization responsible for delivery of emergency services but unable to deliver necessary service without a mutual aid agreement with the municipality prohibiting the recovery of costs of response.
B. 
For the purpose of this section only, the term "emergency" is meant to include not only emergency situations but any action or omission to act which results in a needless or accidental alarm.
C. 
A person responsible for payment of a charge under section 27.50.300 may file a request with the fire chief of a fire department that provided the charged-for services for a charge waiver or reduction, or to pay such charges on an installment plan. The fire chief shall act on such requests giving due regard to:
1. 
Whether the charged-for services were provided to preserve the life or property of the person charged, or to preserve the life or property of others;
2. 
Whether the charged-for services were requested by the person charged;
3. 
Whether the charged-for services were provided to protect lives, and if the charged-for services were provided primarily to preserve property, whether the magnitude of the charges are significantly out of proportion to the value of the property preserved; and
4. 
The financial circumstances of the person charged.
(AO No. 2015-127, § 1, 4-1-2016; AO No. 2016-36(S), § 5, 3-22-2016; AO No. 2019-134(S), § 2, 11-5-2019)
The municipality shall have the right to bring suit for the collection of these charges, plus costs and attorneys' fees, against any or all of the parties responsible for payment.
(AO No. 2015-127, § 1, 4-1-2016; AO No. 2019-134(S), § 2, 11-5-2019)