[HISTORY: Adopted by the Borough Council of the Borough of
Mount Gretna as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-14-2016 by Ord. No. 201]
Mount Gretna Community Fire Company has a longstanding relationship
with the residents of Mount Gretna Borough. Throughout the years,
Mount Gretna Community Fire Company has been an integral part of Mount
Gretna Borough, assisting residents and businesses during their times
of need. Despite the longstanding relationship, Mount Gretna Community
Fire Company is not cited as the official fire company of Mount Gretna
Borough. In order to better protect the health, public welfare and
safety of Mount Gretna Borough residents, it is necessary to officially
designate Mount Gretna Community Fire Company as the official fire
company of Mount Gretna Borough, Lebanon County, Pennsylvania.
Mount Gretna Community Fire Company, presently located at 41
Boulevard Avenue, Mount Gretna, Pennsylvania, 17064, is hereby designated
as the official fire company of Mount Gretna Borough for purposes
of responding to fire alarms or other emergency-type situations within
Mount Gretna Borough.
Mount Gretna Community Fire Company is hereby authorized to
notify any agencies which directly respond to fire alarms or other
emergency-type situations of its official designation and its status
as the sole responding fire company within Mount Gretna Borough.
Nothing herein shall preclude or prevent the continuation of
or the entering into, any mutual aid agreements with any fire companies
for additional fire protection.
[Adopted 3-14-2016 by Ord. No. 202]
This article shall be known as the "Mount Gretna Community Volunteer
Fire Company Recovery Ordinance."
All "Whereas" clauses set forth above are incorporated herein
by reference as if fully set forth at length.[1]
[1]
Editor's Note: A complete copy of Ord. No. 202, including
ordaining clauses, is on file in the Borough office.
A.
The Mount Gretna Community Volunteer Fire Company is authorized and
directed, by and through its officers and authorized representatives,
to ascertain what insurance coverages may be applicable and available
under any given circumstance, and to take all necessary and affirmative
steps to apply for and receive reimbursement from any insurance carrier
where an owner and/or driver of a motor vehicle and/or a property
owner, or business owner is or may be insured to reimburse the Mount
Gretna Community Volunteer Fire Company for any costs and/or expenses
incurred for services, supplies and/or equipment used for or provided
to the owner and/or driver of motor vehicles, to the property owner
or business owner by the Mount Gretna Community Volunteer Fire Company.
B.
Mount Gretna Borough further authorizes the Mount Gretna Community
Volunteer Fire Company to recover reasonable costs for firefighting
for the firefighting materials and equipment and hazardous abatement
materials involved in any and all hazardous abatement material incidents
as are recoverable under the Hazardous Material Emergency Planning
and Response Act.[1]
[1]
Editor's Note: See 35 P.S. § 6022.101 et seq.
C.
Mount Gretna Borough further authorizes the Mount Gretna Community
Volunteer Fire Company to recover reasonable costs for responses to
safety and rescue instances involving vehicular accidents.
However, and notwithstanding anything herein to the contrary,
under no circumstances shall any property owner receive a bill from
the Mount Gretna Community Volunteer Fire Company for fire protection
or other services provided by the Mount Gretna Community Volunteer
Fire Company except in cases of false alarms and/or fires which are
intentionally set by the property owner.
This article shall be liberally construed to accomplish its
purposes to compensate and/or reimburse the Mount Gretna Community
Volunteer Fire Company from insurance proceeds for costs and/or expenses
incurred while providing services pursuant to their duties for the
Mount Gretna Community Volunteer Fire Company.
The costs and fees as outlined in this article shall be recovered
directly by the Mount Gretna Community Volunteer Fire Company by direct
billing of the Mount Gretna Community Volunteer Fire Company or by
an attorney, collection service or agency contracted by the Mount
Gretna Community Volunteer Fire Company. In addition to the costs
and fees as outlined in this article, the Mount Gretna Community Volunteer
Fire Company or any attorney or collection service or agency contracted
by the Mount Gretna Community Volunteer Fire Company shall be authorized
to collect any reasonable interest and administration fees for collection
the costs and fees.
In the event any insurance carrier or person fails to pay any
bill or invoice within 30 days of the mailing or delivery of such
notice of charges, the Mount Gretna Community Volunteer Fire Company
or any attorney or agency contracted by the Mount Gretna Community
Volunteer Fire Company who mailed or delivered the bill or invoice
may enforce the provisions of this article by filing a civil action
at law in a court of competent jurisdiction for the collection of
any amounts due to the Mount Gretna Community Volunteer Fire Company,
together with statutory interest, court costs, collection fees and
reasonable attorney's fees. The remedies provided herein shall
be in addition to any other relief, remedies or penalties that may
be appropriate or provided by law.
