[Adopted 4-13-2011 by Ord. No 121]
The above and foregoing recitals are hereby found to be true
and correct and are incorporated herein as findings of fact. The Potter
Township Supervisors hereby further finds and determines that the
rules, regulations, terms, conditions, provisions and requirements
of this article are reasonable and necessary to protect the public
health, safety and quality of life.
Unless the context specifically indicates otherwise, the meanings
of terms used in this article shall be as follows:
Those incidents that required fire and/or emergency response
in an immediate fashion, following established emergency response
protocols.
Members of the Potter Township Volunteer Fire Department
during their involvement in an emergency or nonemergency incident/event.
Those emergency incidents which stem from an individual's
intentional or reckless purpose to cause property damage, endanger
lives, and/or cause the response of emergency personnel for other
than an actual emergency.
Incidents involving one or more motorized vehicles, including
but not limited to cars, trucks, buses, trains, motorcycles, ATVs,
snowmobiles, boats, planes, and the vehicles and trailers being pulled
by motorized vehicles.
The intentional disposal of outside debris via burning, without
the verbal and/or written permission of authorized officials within
the Fire Department.
Those incidents that are of the same nature, on a repetitive
basis, at the same location, with or without involving fire or smoke.
Any incident where the Potter Township Volunteer Fire Department
is called out to assist with emergency power line outages or protection
from downed power lines, which may include but are not limited to
downed wires, trees down on wires, transformer wires, etc.
The geographic boundaries of the Township of Potter.
Any incident where the Potter Township Volunteer Fire Department
is called out to assist with the search and rescue of any lost, missing,
or injured person(s).
The Township of Potter, Pennsylvania.
Any person who resides in the Township of Potter.
The Township of Potter recognizes and supports the right of
the Potter Township Volunteer Fire Department to bill persons and
entities, including insurance companies providing coverage to said
persons and entities, for the reasonable costs that are related to
the loss, damage, and wear to apparatus, tools, equipment, and materials
necessary to provide the emergency services rendered to said persons
and entities. In that regard, it shall be the responsibility of any
person receiving the benefit of Fire Department services to immediately
provide the Potter Township Volunteer Fire Department with a valid
name and address for the purpose of invoicing. In addition, if the
person receiving the benefit of Fire Department services has insurance
coverage applicable to the event, said person shall immediately provide
the name and address of that insurance company to the Potter Township
Volunteer Fire Department.
A.
Fees shall be collected for services provided both inside and outside
the primary coverage area. Fire administration shall utilize applicable
incident report information that will be forwarded to the Potter Township
Volunteer Fire Department's authorized agent for this collection
of fees.
The following types of occurrences and incidents within the
primary coverage area of the Potter Township Volunteer Fire Department
are eligible for invoicing:
A.
Fees that are the result of any actions or services listed in this
article are ultimately the responsibility of the property owner, provided
that the Fire Chief or designee may invoice any other person, including
the occupant, determined to cause the need for provision of the fire
operation services.
B.
Fees are due and payable by the person charged with said fees within
seven days of receipt of an invoice from the Fire Chief or designee.
C.
The Fire Chief or designee shall keep records of the costs incurred
in performing fire operation services.
A.
Malicious incidents shall be invoiced per occurrence, as per state
law and this article, with the perpetrator to be held responsible.
B.
Motor vehicle accidents within the primary coverage area of the Potter
Township Volunteer Fire Department, including any mutual aid calls
when the Potter Township Volunteer Fire Department has been asked
to assist, shall be invoiced per occurrence, as per state law and
this article. In the event multiple vehicles are involved, responsibility
for costs may be prorated, as determined by the Fire Chief or designee,
among the person(s), operator(s), or vehicle owner(s) involved.
C.
Nonpermitted burns shall be invoiced per occurrence, as per state
law and this article, with the individual responsible for the burn
being held financially responsible.
D.
Permitted burns that get out of control due to negligence shall be
invoiced per occurrence, as per state law and this article, with the
individual to whom the burn permit was issued being held responsible.
E.
Rescue calls shall be invoiced per occurrence, as per state law and
this article, with the person(s) rescued being held responsible.
F.
Power line problems shall be invoiced to the responsible party per
occurrence, as per state law and this article.
G.
Nuisance incidents shall be invoiced to the responsible party per
occurrence, as per this article, three occurrences within 12 consecutive
months.
H.
Property owners shall be jointly and severally financially responsible
along with the responsible party in the event that reimbursement is
not obtained.
I.
Invoices shall be issued by the Fire Department and shall contain
the date of the services rendered, the nature of the services rendered
and the cost.
J.
Invoices are due and payable 30 days from mailing of the invoice,
with monthly interest of 6% accruing the day immediately thereafter.
A.
Calls for service at residential structure fires shall not be subject
to fire operations service fees. For the purposes of this section,
a residential structure shall not include an apartment complex.
B.
Medical responses involving Medicare and Medicaid patients shall
not be subject to fire operations service fees.
All rights and remedies of the Township of Potter are expressly
saved as to any and all violations of the provisions of any ordinances
affecting fire operation services or fees within the Township which
have accrued at the time of the effective date of this article; and,
as to such accrued violations and all pending litigation, both civil
and criminal, whether pending in court or not, under such ordinances,
same shall not be affected by this article but may be prosecuted until
final disposition by the courts.
