[HISTORY: Adopted by the Board of Supervisors of the Township of Kidder 3-15-2001 by Ord. No. 107. Amendments noted where applicable.]
Fire, ambulance and rescue services — See Ch. 18.
As used herein, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
- EMERGENCY RESCUE SERVICE ORGANIZATIONS
- Albrightsville Volunteer Fire Company; Kidder Volunteer Fire Company No. 1; Lake Harmony Volunteer Fire Company, Inc.; and Lake Harmony Rescue Squad and Ambulance Corps, Inc., and any and all other persons providing emergency rescue services in the Township to any Township resident or other person or property within the Township, or as otherwise authorized by the Board of Supervisors.
- A natural person or individual, partnership, corporation, association, firm or any other legal entity.
- The Township of Kidder, County of Carbon, Commonwealth of Pennsylvania.
In this section, the singular shall include the plural, the plural shall include the singular and each gender shall include all other genders.
The Township authorizes all emergency rescue service organizations to utilize such tools, equipment or materials and provide fire fighting, ambulance or other emergency rescue services as authorized by law or the Township, for purposes of saving lives and property within the Township or any other area in which the emergency rescue service organizations are authorized by the Township to provide such materials and services as set out herein.
All emergency rescue service organizations are authorized to effect the recovery of the costs of their respective services, tools, equipment and/or materials from any person for whom or for whose property such services were rendered or such tools, equipment or material were used, and from any insurance carrier or person providing insurance covering such persons or property.
All emergency rescue service organizations may charge and invoice (a) any insurance carrier or other person providing insurance covering any person, vehicle, structure, business (profit or nonprofit) or other property; or (b) any person for whom or for whose property an emergency rescue service organization performs services or utilizes tools, equipment or materials, for the costs of such services rendered unto or tools, equipment or materials used for such persons or their property.
The Board of Supervisors of the Township of Kidder, County of Carbon, Pennsylvania may, by resolution, from time to time, establish, revise, amend or rescind a schedule of fees for the services, tools, equipment and materials described herein.
In the event that any insurance carrier or person fails to pay any invoice described herein within 30 days of the mailing or delivery of such invoice or notice of charges, the Emergency Rescue Service Organizations who mailed or delivered such invoice may recover and collect such charges and invoices from the insurance carrier or person to whom such invoice or notice of charges was given, together with interest, costs and attorney's fees, in any manner provided by law, including, without limitation, a civil action at law.
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the township before a District Justice, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the township 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 township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
The remedies provided herein for the enforcement of this chapter and all other remedies provided by law shall not be deemed mutually exclusive; rather, they may be employed simultaneously or consecutively, at the option of the Township, or the Township's emergency rescue service organizations.