[Adopted 10-4-1993 by Ord. No. 62; amended in its entirety 11-20-2017 by Ord. No. 2017–2[1]]
[1]
Editor’s Note: This ordinance also provided for the renumbering of former § 141-6 as § 141-4 and the repeal of former Art. III, Charges for Fires, adopted 7-9-2007 by Ord. No. 69.
The Town Board of the Town of Milton finds that the continuing increase and the cost of providing adequate fire protection and other public safety services to the Town has created an urgent need for additional funds to provide the services. The following provisions are authorized, and it is further declared that the fees are levied solely for the purpose of providing revenue to help defray the costs of the services covered by the fees.
The Town Clerk shall collect fees as follows:
A. 
User's fee. The Town Clerk shall collect a fee based upon the costs incurred by the Town for any service performed by the Fire Department, ambulance service, 911 dispatch service or other public safety services that are billed to the Town by the responding emergency service.
B. 
Billing. The Town Clerk shall file as necessary with the responsible party's insurance carrier claims for services provided by the Milton and Milton Township Fire Department and shall bill the responsible party as necessary to collect the amount of the claim.
C. 
Enforcement. Payment of the cost of any claim billed by the Clerk will be due within 60 days of the mailing of an invoice to the party charged.
A. 
Charges for Fire Department services.
(1) 
Definitions. The following definitions apply to this section:
BILLABLE RESPONSE
Any fire run that results from the negligent or intentional actions of the owner or the occupant of the property where the fire originates.
FIRE OF SUSPICIOUS NATURE
Any fire for which the cause, as determined by the Fire Chief or his/her designee, is an intentionally set fire. Such a fire shall include a controlled burn that becomes uncontrolled.
FIRE RUN
Any fire-related event in which the Milton and Milton Township Fire Department ("the Fire Department") is required to take action other than merely responding to a call. Mere response to a fire call does not constitute a fire run.
LIFT ASSIST SERVICES
The services provided by the Fire Department involving the assistance of individuals who have fallen but are not injured.
(2) 
Fire run charges.
(a) 
The Town Clerk shall assess the full cost of a billable response, including all hourly charges for responding apparatus, disposable equipment, and all personnel costs to the property owner of the property where the fire originates. The Town Board may establish charges under this section by resolution.
(b) 
The Town Clerk shall also assess to the reporter the full cost of a fire run or other emergency response resulting from a false report which the reporter knows to be false, including all hourly charges for responding apparatus, disposable equipment, and personnel costs.
(c) 
The Town Clerk shall assess the full costs of a fire of suspicious nature leading to a fire run to any person who kindles the fire, including all hourly charges for responding apparatus, disposable equipment, and personnel.
(3) 
Schedule of nonfire service charges. The Town shall assess a charge for personnel, supplies and equipment related to the delivery of nonfire emergency and nonemergency services to the scene of emergency and nonemergency incidents within the Town by the Milton and Milton Township Fire Department pursuant to a schedule to be established by resolution of Milton and Milton Township Fire Commission and kept on file with the secretary of that Commission. The charges shall be based on actual or usual, customary, reasonable costs of the services.
(4) 
Lift-assist services charges. Staffed nursing and health care facilities that are provided lift-assist services by the Fire Department shall be charged for payment to the Town of a lift-assist charge.
B. 
Implementation. The Milton and Milton Township Fire Commission may from time to time create, amend or revoke rules or regulations regarding billing for charges imposed pursuant to this section and for their collection, as necessary, including amendment of the schedule of charges.
C. 
The Town Clerk shall maintain a current schedule of all fees and charges imposed under this section.