[Ord. 2004-10, 10/4/2004, § 1]
This Part shall be known as the "Forty Fort Borough Emergency
Services Cost Reimbursement Ordinance."
[Ord. 2004-10, 10/4/2004, § 2]
As used in this Part, the following terms shall have the meaning
indicated unless a different meaning clearly appears from the context:
Borough of Forty Fort, Luzerne County, Pennsylvania.
Borough of Forty Fort Volunteer Fire Company/Department.
Any substances or materials in a quantity or form which poses
an unreasonable and eminent risk to the life, health or safety of
persons or property or to the ecological balance of the environment
including, but not limited to, explosives, radioactive materials,
petroleum products or gases, poisons, flammables, corrosives, or materials
listed in the hazardous substances list of the Pennsylvania Department
of Labor and Industry.
[Ord. 2004-10, 10/4/2004, § 3]
The Borough of Forty Fort Council shall have the power to enforce
the provisions of this Part.
[Ord. 2004-10, 10/4/2004, § 4; as amended by Ord.
2009-8, 12/7/2009]
Subject to the exceptions set forth below, any person who intentionally,
negligently, accidentally, or otherwise causes a motor vehicle accident,
hazardous materials spill, or any other act of omission or commission
necessitating the providing of emergency services by the Borough of
Forty Fort emergency services personnel and equipment within the service
area of the Borough of Forty Fort Fire Department shall be liable
for all costs incurred by the Borough and/or the Fire Department as
a result of providing said emergency services.
[Ord. 2004-10, 10/4/2004, § 5]
For purposes of this Part, the cost for the use of Borough and
Fire Department emergency services equipment, materials and personnel
shall be established by resolution of the Borough Council.
[Ord. 2004-10, 10/4/2004, § 6; as amended by Ord.
2009-8, 12/7/2009]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to a fine
of not more than $1,000 plus costs and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 30 days. Each
day that a violation of this Part continues or each section of this
Part which shall be found to have been violated shall constitute a
separate offense.
