Sample Ordinance
Part I. This is going to be the definition section where common terms that can have different meanings will be explained so that they can be used throughout the ordinance without worrying about confusion or making the actual content confusing because of unnecessary language.
PURPOSE AND INTENT
The purpose of this ordinance is to establish user service charges for Fire Department services as described in this ordinance.
DEFINITIONS
A. The following terms shall apply in the interpretation and application of this chapter:
1. “Motor vehicle” means any self-propelled vehicle that can operate legally upon public roads and highways, and not for operation exclusively upon railroad tracks. It includes any vehicle or motor-trailer combination propelled or drawn by a self-propelled vehicle. This includes semi trailers. It does not include snowmobiles, all terrain vehicles, non-street legal bikes or park trailers.
2. “Motor Vehicle Owner” means any person, firm, association, or corporation owning, operating, or renting a motor vehicle, or having the exclusive use thereof, under a lease or other agreement.
3. “Excavator” means a person who conducts excavation of the earth, concrete structures, and all real property attached thereto.
4. “Underground Pipeline Utility” means an underground line, facility, system, and its appurtenances used to produce, store, convey, transmit, or distribute gas, oil, petroleum products, and other similar substances.
5. “Person” means an individual, corporation, partnership, the state, a public agency, a local governmental unit, association, or other business or public entity or a trustee, receiver, assignee, or personal representative of any party.
6. “Railroad” refers to a railroad company. The term includes a person to whom any part of a right-of-way was transferred under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.).
7. “Right-of-way” means the privilege of the immediate use of the highway.
8. “Administrative Expenses” means all billing fees, whether done by agent of fire department or actual department. This also includes but not is limited to collection costs and attorney fees when appropriate under the law of the state.
Part II
This is the section of the ordinance that authorizes the municipality to draft the ordinance to bill for the services.
Pursuant to Sections ______of the ____________ Statutes, the City Commission [or whoever is in charge of the fire department] of __________ has the power through local self government to perform municipal functions and to render municipal services except when prohibited by law. This municipal power may be exercised by the enactment of city [or county as necessary] ordinances to allow the fire department specific powers.
Part III
This section will give the power to bill through an agent or service under the ordinance.
EMERGENCY RESPONSE SERVICE CHARGES
1. The collection service charges including related administrative expenses shall be as authorized under this ordinance and in accord with all applicable state law.
2. Collection of unpaid service charges (shall/may) be actionable by the individual fire department or by its agent that is collecting on its behalf
3. These services under the law can be charged by the fire department.
Part IV
Different billing options—any of these can be omitted or more can be added if your department does a wider variety of services. Note: In the technical rescue we will add specialized responses as required by the specific department.
A. Vehicle Accident
1.) Any incident response to an accident involving a motor vehicle where the Fire Department renders aid, provides assistance, or otherwise improves the conditions of the people or objects involved. This would include but not be limited to:
• Extrication
• Medical Care
• Absorbing Liquid Spills
• Cleanup
• Vehicle System Safety
• Vehicle Stabilization
• Traffic Control
2.) An invoice for the costs will be sent to the motor vehicle owner or owner’s insurance company. The invoice amount will follow the reasonable costs as incurred by the responding fire department which includes the man hours, supplies, equipment used, and administrative costs related to the response. In the event the owner cannot provide insurance information and is charged for the offense, the fire department (may/shall) turn the bill over to the prosecutor’s office for further proceedings.
3.) If there is more than one motor vehicle involved for which fire department service is provided, each motor vehicle owner or insurer (may/will) be invoiced for the service charges. Each party will be jointly and severally liable to the fire department.
B. Fires Along a Railroad Right of Way or Operating Property
1.) Any incident response to a fire, fire hazard emergency, or any accident that requires fire department response caused by a railroad locomotive, rolling stock, or by railroad right-of-way employees or operating property.
2.) An invoice will be sent to the railroad responsible for the railroad right-of-way or operating property. The invoice amount will follow the reasonable costs as incurred by the responding fire department which includes the man hours, supplies, equipment used, and administrative costs related to the response.
C. Grass Fires Within Trunk Highway Right-of-way
1.) Any incident response to a grass fire within the right-of-way of a state or federal highway or outside of the right-of way of a state or federal highway if the fire originated within the right-of-way of said highway.
2.) An invoice will be sent to the Commissioner of Transportation. The invoice amount will follow the reasonable costs as incurred by the responding fire department which includes the man hours, supplies, equipment used, and administrative costs related to the response.
D. Technical Rescue
1.) Any incident response to a rescue on the water, ice, confined space, trench, mountain or hill where specialized equipment and training are required and where the Fire Department renders aid, provides assistance, or otherwise improves the conditions of the people involved.
2.) An invoice will be sent to the persons, corporation, or business owner receiving rescue service. The invoice amount will follow the reasonable costs as incurred by the responding fire department which includes the man hours, supplies, equipment used, and administrative costs related to the response.
E. Underground Pipeline Utility Breaks
1.) Any incident response to an underground pipeline utility break if caused by an excavator or person other than a homeowner or resident of the fire district.
2.) An invoice will be sent to the excavator(s) or person(s) responsible for the pipeline utility break. The invoice amount will follow the reasonable costs as incurred by the responding fire department which includes the man hours, supplies, equipment used, and administrative costs related to the response.
F. Hazardous Material
1.) Any incident response to the release of hazardous material from it’s container, or the threat of a release of a hazardous material from its container, possible chemical reaction, or other potential emergency as the result of a hazardous material where the Fire Department renders aid, provides assistance, or otherwise improves the conditions of the people or objects involved.
2.) An invoice will be sent to the person or persons responsible for the hazardous material or transportation of the hazardous material. Each party will be jointly and severally liable to the fire department for the related cost. The invoice amount will follow the reasonable costs as incurred by the responding fire department which includes the man hours, supplies, equipment used, and administrative costs related to the response.
G. Fire as the Result of Negligence While Conducting Illegal Activities
1.) Any incident response to a fire that resulted from an act of negligence as defined by state criminal code during the commission of any class felony or Class A misdemeanor as defined by the state criminal code.
2.) An invoice will be sent to the person responsible for the negligent fire. The invoice amount will follow the reasonable costs as incurred by the responding fire department which includes the man hours, supplies, equipment used, and administrative costs related to the response.
H. Mutual Aid Calls to Structures
1) Any incident in response to a mutual aid request from another community with which we have a mutual aid agreement shall be at no charge to the requesting community. However, any costs of supplies expended by the Fire Department in responding to said mutual aid call shall be reimbursed by the community requesting assistance. Likewise, the fire departments of other communities responding to the Fire Department request for assistance shall only be reimbursed for costs of supplies expended, and not paid any call fees for such assistance. Any costs of supplies paid by the Fire Department to another community department in such case shall be passed on to the emergency call property owner.
I. Mutual Aid Calls to Moving Vehicles
Any mutual aid response to a moving vehicle will be billed out in accord with Section A above. The invoice amount will follow the reasonable costs as incurred by the responding fire department which includes the man hours, supplies, equipment used, and administrative costs related to the response.
J. False Alarms
Any person, defined as any individual, or any business entity or corporation or any agents or employees thereof, shall be allowed two free false alarm responses per calendar year, if said false alarms are given in the reasonable and good faith belief that an emergency does exist. A third false alarm in a calendar year from the same person, including the same business entity or corporation or any agents or employees thereof, shall incur a charge of ________ for the call, regardless of whether the said third false alarm is in good faith or not. Any person, to include any business entity or corporation or any agents or employees thereof, who makes a false alarm in bad faith, meaning they knew or should have known that the alarm was false, shall be charged a call charge of _________ in all cases.
Part V
This can be customized to fit your states regulations or what is the most convenient to you or the town.
Billing Procedures:
A. First billing on or about the 15th of each month for all reports submitted for billing in the prior 30-day period.
1) Terms 30 days for first invoice which is sent to the responsible parties
2) Second Notice, if invoice has not been settled in 30 days.
3) Court proceedings will be initiated after 60 days.