[HISTORY: Adopted by the Township Council of the Township
of Washington as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-17-2009 by Ord. No. 1-09]
As used in this article, the following terms shall have the
meanings indicated:
The fire department or designee of the fire department providing
emergency medical services pursuant to dispatch under the E-911 system
and any other emergency medical service provider providing emergency
medical services under mutual-aid agreement with the fire department
or its designee.
The fire department providing fire protection and related
services under agreement with the Township, and shall include, for
purposes of authorization to invoice and recover fees for services,
designees or contractors of such department and any fire department
of another municipality providing services under mutual-aid agreement
or dispatch under the E-911 system.
Any natural person(s), partnership, corporation, limited-liability
partnership or corporation, association, firm, insurance carrier,
servicing agent or other legal entity.
A.Â
Fire departments are hereby authorized, pursuant to general laws,
agreements between the Township and fire departments, and this article,
to recover the usual, reasonable and customary costs of materials
used and expended, use of equipment, hazardous situation abatement
materials and personnel services used In or devoted to any fire, safety,
rescue and/or hazardous waste abatement incident, including but not
limited to vehicular accidents and fires.
B.Â
Emergency medical service providers are hereby authorized, pursuant
to general laws agreements between the Township and fire departments
and between fire departments and the provider, and this article, to
recover the usual, reasonable and customary costs of materials used
and expended, use of equipment, personnel services and transport costs
used in or devoted to the provision of emergency medical services
and emergency transport.
C.Â
Fire departments and emergency medical service providers shall establish
schedules of fees and costs for their respective services, which may
be amended from time to time. Such schedules of fees and costs shall
be posted at the department's or provider's business offices
and shall be made available to persons upon request. The costs and
expenses authorized by this article shall be those established in
current and posted schedules.
D.Â
Where the Township is requested by a private person or other governmental
agency to provide services of the Township to assist in an emergency
caused by an incident or to assist the private person other than within
the scope of its general municipal services, the Township shall be
authorized to seek recovery and reimbursement of such additional expenses
and, in the case of assisting private persons, to require payment
of defined costs and expenses in advance.
A.Â
Costs, expenses and fees authorized in § 61-2 shall be charged, collected and recovered directly by the fire department, the emergency medical service provider or its appointed designee or agent, not the Township. The person invoiced for such costs, expenses and fees, and/or that person's insurance carrier, servicing agent or other representative, shall remit payment of invoiced costs, expenses and fees directly to the fire department or emergency medical service provider, as is applicable.
B.Â
In addition to such costs, expenses and fees, fire departments and
emergency medical service providers are authorized to impose interest
or finance charges upon invoiced amounts not paid within 30 days after
the invoice date, at such rates as are authorized by the laws of Pennsylvania.
C.Â
In addition to such costs, expenses and fees, in the event fire departments
and emergency medical service providers are compelled to initiate
private collection or legal proceedings to collect sums due, such
provider, in addition to all costs, expenses, fees and interest or
service charges due, shall be entitled to recover in such proceeding
all attorneys' fees, collection agency fees, filing fees and
litigation expenses reasonably incurred in the proceeding to the extent
permitted by law.
B.Â
Each day that a violation continues shall be considered a separate
violation.
C.Â
A fine in an amount of not more than $600 per violation and for each day of violation is hereby prescribed for violations of this article pursuant to the provisions of the Township Code at § 1-21.
D.Â
Upon a finding of violation, any person violating any provision of this article shall be sentenced to pay fines as prescribed in § 61-4C, plus costs and with all reasonable attorneys' fees incurred by the Township in the proceeding.
E.Â
Rates to be imposed are subject to change at the annual reorganization
meeting of the Washington Township Council.
