[HISTORY: Adopted by the Board of Commissioners of the Township
of Upper Pottsgrove 1-22-2013 by Ord. No. 463.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch.
168, Reimbursement for Emergency Services, adopted 7-9-2001 by Ord.
No. 331 (Ch. 7, Part 2, of the 1993 Code).
As used in this chapter, the following terms shall have the
meanings indicated:
The Upper Pottsgrove Township Fire Company.
Any accident that occurs from the storage, transportation,
use or manufacturing, processing or discharging of any substance potentially
dangerous to the public health and welfare at large, which necessitates
the intervention of the Upper Pottsgrove Township Police Department
or any of the emergency agencies or services, including the Fire Company
or rescue squads operating in Upper Pottsgrove Township.
A corporation, natural person or persons, partnership, association,
firm or other legal entity.
Any incident by motor vehicles which creates a dangerous
condition requiring immediate and emergency action in order to prevent
injury to persons or damage to property and necessitates the intervention
of the Upper Pottsgrove Township Police Department or the Fire Company
or rescue squads operating in the Township of Upper Pottsgrove.
The Board of Commissioners of Upper Pottsgrove authorizes the
Fire Company to recover the costs of firefighting materials used and
expended, the costs of use of the fire trucks, fire engines, rescue
equipment and tankers, and hazardous situation, abatement materials
involving any hazardous material accident or vehicular accident.
Any person who intentionally, negligently, accidently or otherwise
shall cause a Haz-Mat accident or vehicle accident that results in
the Fire Company providing firefighting rescue or emergency services
within Upper Pottsgrove Township shall be liable for all costs incurred
by the Fire Company, as a result of providing such services.
The Board of Commissioners shall establish, by resolution, a
schedule of fees and costs that the Fire Company may charge and invoice
to the person or insurance carrier for whom or for whose property
such services were rendered and/or materials provided. This schedule
of fees may be amended from time to time by further resolution of
the Board of Commissioners.
The costs and fees set forth in the schedule of fees and costs
shall be recovered by direct billing of the Fire Company or shall
be recovered by a third-party collection agency, as determined by
the Fire Company.
In addition to the fees and costs set forth in the schedule
of fees and costs, the Fire Company and the third-party collection
agency are authorized to collect reasonable interest and administration
fees for collecting said fees and costs.
In the event that a person utilizing the services or materials
of the Fire Company fails to make payment for those fees and services
directly to the Fire Company or third-party collection agency, the
Fire Company may elect to bring an action in a court of competent
jurisdiction for the collection of any amounts due hereunder plus
attorney's fees or for any other relief that may be appropriate.
