[Adopted by the Town Board of the Town of Holland as indicated
in article histories. Amendments noted where applicable.]
[Adopted 4-9-2018 by Ord.
No. 3-2018]
The purpose of this article is to establish the reimbursement
of certain costs of emergency services provided by the Town. This
article is adopted under the Town's village powers pursuant to § 60.10,
Wis. Stats. It is also adopted pursuant to § 60.55, Wis.
Stats., § 60.555, Wis. Stats., and § 60.557, Wis.
Stats., and is further adopted in accordance with the Mutual Aid Box
Alarm System Standards and Procedures as set forth in Ch. WEM 8, Wis.
Adm. Code.
Any and all extraordinary emergency service costs incurred by
the Town shall, if billed pursuant to this article, be paid by the
owners of the real estate to which the particular emergency service
call was made. The charges shall be in an amount equal to the extraordinary
costs to the Town for the emergency service call. For purposes of
this article, "extraordinary costs" refer to costs beyond those that
are customary for emergency calls and/or costs for consumable materials
used in response to the call. Extraordinary costs will be determined
on a case-by-case basis based on the costs involved in the call. Factors
to be considered in determining extraordinary costs shall include
historical charges for emergency services, size or complexity of the
emergency, whether mutual aid was involved, and whether extra materials
or personnel were required. The extraordinary costs for common, but
not necessarily all, billable emergency services shall be maintained
in the Town's Fee Schedule. The Town may bill the owners' insurer,
lessee, renter, or agent if the Town is unable to recover from the
owners.
In the event that an emergency service call is made to a vehicle
located on any town, Village, county, state, or federal highway, any
and all extraordinary costs incurred by the Town in responding to
the call shall, if billed pursuant to this article, be paid by the
owners of the vehicle that is subject to the emergency service call.
The Town may bill the owners' insurer, lessee, renter, or agent if
the Town is unable to recover from the owners.
If the Town incurs costs for a fire call on a state trunk highway
or any highway that is part of the national system of interstate highways
and maintained by the state Department of Transportation, the Department
of Transportation shall reimburse the Town up to the reimbursement
limit set for such costs, even if fire equipment is not actually used,
if the Town submits written proof that the Town has made a reasonable
effort to collect the cost from the insurer of the person to whom
the fire call was provided or from the person to whom the fire call
was provided. The Town may only attempt to collect costs in this manner
if the Town is unsuccessful in its efforts to collect from the person's
insurer or if the person has no insurer. If the Town collects the
cost from an insurer or person after the Department reimburses the
Town, the Town shall return the amount collected to the Department
of Transportation.
Anyone who shall violate any provision of this article shall,
upon conviction thereof, forfeit not less than $50 nor more than $500,
together with the cost of prosecution, including reasonable attorneys'
fees.
