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ORDINANCE # 19: Fire Protection
Ordinance 19: Fire Fee Schedule
Ordinance 19.1: Fire Protection (Amended)
Ordinance 19.2: Fire Protection (Amended)
CLINTON COUNTY, MICHIGAN
ORDINANCE NO. 19
TOWNSHIP FIRE PROTECTION AND
AMBULANCE SERVICES ORDINANCE
At a regular meeting of the Township Board of the Charter Township of Watertown, Clinton County, Michigan, duly called and held on the 18th day of November, 1991, there were present:
Supervisor Edward McKeon, Clerk Phyllis Rathbun, Treasurer Janet Mallison, Trustees Dan Gorman, Gloria Miller, Dan McNeil and Pamela Porterfield.
The following Ordinance was offered by McNeil and supported by Porterfield.
ORDINANCE NO. 19
TOWNSHIP FIRE PROTECTION AND
AMBULANCE SERVICES ORDINANCE
AN ORDINANCE to establish charges for fire protection and ambulance services under Michigan Public Act 33 of 1951, as amended (Compiled Law 48.801 et seq.), Public Act 368 of 1978, as amended (Compiled Law 333.20948) and Public Act 246 of 1945 as amended (Compiled Law 41.181), to provide methods for the collection of such charges and exemptions therefrom, and to repeal all ordinances or parts of ordinances in conflict herewith.
WATERTOWN CHARTER TOWNSHIP, CLINTON COUNTY, MICHIGAN, HEREBY ORDAINS:
SECTION I. PURPOSE. This ordinance is adopted for the purpose of providing financial assistance to the Township in the operation of a fire department and/or ambulance service from those receiving direct benefits from such services. It is the further purpose of this ordinance to provide full funding of the Townships fire and ambulance services which remains, in part, an at-large governmental expense based upon the general benefits derived by all property owners within the Township from the existence of Township fire and ambulance services and their availability to extinguish fires and/or perform other emergency services within the Township.
SECTION II. ESTABLISHMENT OF FEES. That all owners of premises, or all individuals, as the case may be, receiving fire protection services or emergency medical or ambulance services within the Watertown Charter Township shall remit to the township the actual cost of providing said services thereof. Said funds shall be used to defray all costs associated with providing and/or contracting for fire and ambulance protection services by the township.
SECTION III. CALCULATION OF FEES. The Township Supervisor shall prepare and propose a schedule of fees for review by the Township Board. The schedule shall consider the actual cost of services, the nature and extent of the services required, and for certain fire services, whether a permit to burn had been obtained or not. Upon review, the Township Board shall adopt by resolution a schedule of fees and such fees shall be charged to the owner of the premises or to another individual, as the case may be, for receiving such fire or ambulance services. A copy of such schedule shall be made available to the public at the office of the Township.
SECTION IV. MODIFICATION OF FEES AND CHARGES. Fees and charges referenced in Section III of this ordinance may be modified and amended from time to time by resolution of the Township Board.
SECTION V. TIME FOR PAYMENT. All of the charges shall be due and payable within 30 days from the date the service is rendered. The debt shall become, 30 days after billing, delinquent with the Township reserving all rights of collection that may be available for charges to the Township resulting from such fire protection or ambulance services. It is the responsibility of the Township to bill the responsible party by first class mail as soon as practicable after the services rendered.
SECTION VI. ENFORCEMENT OF COLLECTION. The Township Supervisor is hereby authorized to enforce the collection of charges for fire protection and ambulance services and legal action may be instituted by the Township against the customer to collect payment of charges. The charges for fire protection and ambulance services may become a lien on the premises to which fire protection or ambulance services where furnished. The Township Treasurer shall certify all unpaid charges for services furnished to any premises or person which are unpaid for a period of six months to the Township Supervisor who shall proceed with appropriate collection procedures.
SECTION VII. EXEMPTIONS. The following circumstances shall be exempt from the foregoing charges:
1. False alarms, except as otherwise provided;
2. Alarms made for which there was no malicious intent and for which no service was necessary;
3. Fires caused by railroad trains which are the specific statutory responsibility of railroad companies;
4. Fire service performed outside the jurisdiction of the Township under a mutual aid contract with an adjoining municipality.
SECTION VIII. NON-EXCLUSIVE CHARGES. The foregoing rate and charges shall not be exclusive of the charges that may be made by the Township for the cost and expenses of maintaining fire protection or ambulance services, but shall only be supplemental thereto. Charges may additionally be collected by the Township through general taxation or by a special assessment established under the Michigan statutes pertinent thereto, or by General Fund Appropriations, in order to cover fire service costs and expenses.
SECTION IX. MULTIPLE PROPERTY PROTECTION. When a service is rendered by the providers of the Township which directly benefits more than one person (or family) or more than one unit of property, the owner of each property so benefited, and each person so benefited where property protection is not involved, shall be liable for the payment of the full charge for such services as hereinbefore set forth. Any person receiving a bill for services may appeal to the Township Board at the next regularly scheduled meeting for a decision concerning whether and to what extent that individual is responsible for payment.
SECTION X. SEVERABILITY. Should any provision or part of this ordinance be declared to be invalid or unenforceable by any court of competent jurisdiction, the same shall not affect the validity or enforceability of the balance of this ordinance which shall remain in full force and effect.
SECTION XI. EFFECTIVE DATE AND REPEAL OF CONFLICTING ORDINANCES. This ordinance shall take effect December 1, 1991. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
CERTIFICATION
The foregoing Ordinance was duly adopted and passed by the Township Board of the Charter Township of Watertown, Clinton County, Michigan, on the 18th day of November, 1991 by unanimous roll call vote.
_______________________________ ______________________________
Edward F. McKeon, Supervisor Phyllis J. Rathbun, Clerk
Dated: November 18, 1991
First Reading: October 7, 1991
First Publication: October 14 & 15, 1991
Second Reading: November 18, 1991
Second Publication: November 25 & 26, 1991
CLERKS CERTIFICATE OF PUBLICATION
The foregoing Township Fire Protection and Ambulance Services Ordinance was duly adopted and passed by the Township Board of Watertown Township, Clinton County, Michigan, on the 18th day of November, 1991, by the following vote:
YES: McNeil, Miller, Mallison, Porterfield, Rathbun, Gorman, McKeon
NO: None
ABSENT: None
I further certify that the foregoing Ordinance was published in the Grand Ledge Independent and DeWitt/Bath Review, a newspaper of general circulation in the above Township, on the 25, 26th days of November, 1991.
______________________________
Phyllis J. Rathbun, Clerk
Date: November 18, 1991
First Reading: October 7, 1991
First Publication: October 14 & 15, 1991
Second Reading: November 18, 1991
Second Publication: November 25 & 26, 1991
FIRE CHARGES
The following Schedule of Fees was unanimously adopted by resolution of the Board of Trustees at the November 18, 1991 meeting. Effective Date: 12-1-91.
1. Aircraft Fire....................................................................................................... $1,000.00
2. Auto, Private Van or Pick-Up Fire........................................................................ $250.00
3. Commercial Establishment Fire.......................................................................... $1,000.00
*4. Fire Dept. 1st Responder-Emergency Rescue Service to any Motor Vehicle........... $500.00
5. Ground Fire (such as grass, leaves, yard clippings, etc.)
With a permit.......................................................................... $250.00
Without a permit..................................................................... $500.00
6. Hotel or Motel Fire............................................................................................ $1,000.00
7. Industrial Establishment Fire............................................................................... $1,000.00
8. Manufacturing Establishment Fire....................................................................... $1,000.00
9. Mechanically Generated False Alarms (First)..................................................... No Charge
Second................................................................................... $250.00
Third....................................................... According to Applicable Fee
All subsequent false alarms from same mechanical device will be
surcharged 50% of the applicable fee.
10. Multiple (More than 1) Family Building Fire........................................................ $1,000.00
11. One Family House Fire......................................................................................... $250.00
12. Rubbish Fire
In an authorized and screened container.................................. $250.00
In an unauthorized, non-screened container............................. $500.00
13. Train Fire.......................................................................................................... $1,000.00
14. Commercial Truck or other Commercial Motor Vehicle Fire
not specified in #2 above...................................................................................... $500.00
15. Any other services not specifically enumerated....................................................... $500.00
*These are First Responder EMT Services. If an ambulance is required, there will be a separate charge for the ambulance service.
**The Township will not bill the cost of a fire run to the property owner if it is determined to be a false alarm.
The following amendments were adopted by Board Resolution on April 20, 1992:
16. Fire Department 1st Responder to a motor vehicle without any Emergency Rescue Services being performed on owner, occupant or pedestrian.......................................................................................... $100.00
17. Hazardous Materials Response............................................. Actual Time & Material Costs
FIRE PROTECTION SCHEDULE OF FEE RESOLUTION
CHARTER TOWNSHIP OF WATERTOWN
CLINTON COUNTY, MICHIGAN
At the regular meeting of the Township Board of the Charter Township of Watertown, Michigan, held in the Township Office, Grand Ledge, Michigan on July 19,1993, at 7:00 p.m., there were
PRESENT: Supervisor, Edward McKeon, Clerk, Phyllis Rathbun, Treasurer, Janet Mallison, Trustees, Gloria Miller, George Weitzel and Mike Zalweski.
ABSENT: Trustee, Dan Gorman.
The following Resolution was offered by Trustee Weitzel and seconded by Trustee Miller.
FIRE PROTECTION SCHEDULE OF FEE RESOLUTION
WHEREAS, Watertown Charter Township Board of Trustees adopted Ordinance #19 Township Fire Protection and Ambulance Services which became effective December 1, 1991, authorizing the collection of fees for emergency services, and
WHEREAS, the Board of Trustees by unanimous vote on November 18, 1991 adopted by Resolution the schedule of fees charged for fire runs, and a revision in fees was adopted on April 20, 1992 and September 21, 1992, and
WHEREAS, over the past 19 months, the Treasurer, Deputy Treasurer and the Fire Run Review Committee has encountered opposition by individuals, businesses and Insurance Companies to the fee schedule and has had difficulty in determining the fees to be billed due to the various circumstances, and
WHEREAS, the Board of Trustees has established a committee to review the appeals that are filed and to recommend to the Board of Trustees, those charges that should be waived, or other recommendations regarding the schedule of fees, and
WHEREAS, this Review Committee has determined that the fee schedule is cumbersome and difficult to administer on an individual basis.
THEREFORE, BE IT RESOLVED that the Review Committee recommends that a revised fee schedule be adopted for a more uniform application of fees which will provide an easier billing process.
BE IT ALSO RESOLVED that these fees will become effective immediately on all Incident Reports received from this date forward.
A vote on the foregoing Resolution was as follows:
YES: McKeon, Miller, Weitzel, Zalewski, Rathbun, Mallison
NO: None
ABSENT: Gorman
THE RESOLUTION DECLARED ADOPTED.
CERTIFICATION
I, the undersigned, duly qualified and acting Clerk of the Charter Township of Watertown, Michigan, do hereby certify that the foregoing is a true and complete copy of a resolution adopted by the Township Board at the regular meeting held on July 19, 1993, at 7:00 p.m.
______________________________
Phyllis J. Rathbun, Clerk
Watertown Charter Township
Dated: July 19, 1993
CLINTON COUNTY, MICHIGAN
ORDINANCE NO. 19.1
TOWNSHIP FIRE PROTECTION AND
AMBULANCE SERVICE ORDINANCE
At a Regular Meeting of the Township Board of the Charter Township of Watertown, Clinton County, Michigan, duly called and held on the 19th day of July, 1993, there were present: Supervisor Edward McKeon, Clerk Phyllis Rathbun, Treasurer Janet Mallison, Trustees Gloria Miller, George Weitzel, Mike Zalweski. Absent with notice: Trustee Dan Gorman.
The following Ordinance was offered by Treasurer Mallison and seconded by Trustee Zalweski and the Second Reading was held.
An Ordinance to amend Ordinance No. 19, Section I. Purpose, Section II. Establishment of Fees, Section VI. Enforcement of Collection, Section VII. Exemptions, and Section IX. Multiple Persons and/or Property Protection. The purpose of the amendment is to clarify the intent and content of the Fire Protection and Ambulance Services Ordinance No. 19, which was passed on November 18, 1991 with an effective date of December 1, 1991.
ORDINANCE NO. 19.1
TOWNSHIP FIRE PROTECTION AND
AMBULANCE SERVICE ORDINANCE
THE CHARTER TOWNSHIP OF WATERTOWN, CLINTON COUNTY, MICHIGAN, ORDAINS:
SECTION I. That Section I of Ordinance No. 19, the Township Fire Protection and Ambulance Service Ordinance entitled, PURPOSE shall be amended to read as follows: PURPOSE: This Ordinance is adopted for the purpose of providing financial assistance to the Township in the operation of a fire department and/or ambulance service for those involved in an incident in which there is a response to either of such services. It if the further purpose of this ordinance to provide an additional method of funding the Townships fire and ambulance services which remains, in part, an at-large governmental expense, based upon the general benefits derived by all property owners within the Township. The existence of the Township fire and ambulance services, which their availability to extinguish fires, perform emergency services and to respond to the scene of an accident and/or to prevent possible property damage provides an essential and needed service to the Community and to any person traveling within the boundaries of the Township.
SECTION II. That Section II of Ordinance No. 19, the Township Fire Protection and Ambulance Service Ordinance entitled ESTABLISHMENT OF FEES shall be amended to read as follows: ESTABLISHMENT OF FEES: All owners of premises, or all individuals as the case may be, involved in an incident in which there is a response of either fire protection or ambulance equipment and personnel within Watertown Charter Township shall remit to the Township the actual cost or fee established by Township Resolution. Said funds shall be used to help defray the costs associated with providing and/or contracting for fire and ambulance protection services by the Township. The Resolution establishing the fees may be updated or changed on a periodic basis to reflect changes in the cost of providing these services.
SECTION III. That Section VI of Ordinance No. 19, the Township Fire Protection and Ambulance Service Ordinance entitled, EXEMPTIONS shall be amended to read as follows: EXEMPTIONS: The following circumstances shall be exempt from the foregoing charges:
1. False alarms, except as otherwise provided;
2. Alarms and/or emergency calls made for which there was no malicious intent, and that did not require a response by the fire or ambulance department;
3. Fires caused by railroad trains which are the specific statutory responsibility of railroad companies;
4. Fire or ambulance service performed outside the jurisdiction of the Township under a mutual aid contract or agreement with other municipality.
SECTION V. That Section IX of Ordinance No. 19, the Township Fire Protection and Ambulance Service Ordinance entitled, MULTIPLE PERSONS AND/OR PROPERTY PROTECTION shall be amended to read as follows: MULTIPLE PERSONS AND/OR PROPERTY PROTECTION: When a response is made by the providers of the Township which involves more than one person (or family) or more than one unit of personal or real property, each person and/or owner of property involved in the incident shall be liable for the payment of the full charge for such response as hereinbefore set forth. Any person receiving a bill may appeal to the Township Board at the next regularly scheduled meeting for a decision concerning whether and to what extent that individual is responsible for payment.
EFFECTIVE DATE: This Ordinance shall become effective immediately upon publication.
AYES: Rathbun, Weitzel, Zalewski, Miller, Mallison, McKeon
NAYS: None
ABSENT: Gorman
_______________________________ ______________________________
Edward F. McKeon, Supervisor Phyllis J. Rathbun, Clerk
CERTIFICATION
The foregoing Ordinance was duly adopted and passed by the Township Board of the Charter Township of Watertown, Clinton County, Michigan, on the 19th day of July, 1993 by roll call vote.
______________________________
Phyllis J. Rathbun, Clerk
Dated: July 19, 1993
By unanimous roll call vote (absent Gorman), the Board adopted the Emergency Services Schedule of Fees Resolution at a Regular Meeting held on July 19, 1993.
WATERTOWN CHARTER TOWNSHIP
EMERGENCY SERVICES
SCHEDULE OF FEES
All responses to emergency calls are subject to a minimum charge of $250.00. This minimum is the charge for making a response to such an emergency call. The following will be the charges for emergency services rendered beyond the first half hour of service, excluding estimated travel time.
THE FULL CHARGE FOR EMERGENCY SERVICES RENDERED BEYOND ONE-HALF HOUR:
1. . Aircraft Fire........................................................................................................... $1,000.
2... Auto, Private Van or Private Pick-up Truck Fire....................................................... $250.
3... Commercial, Industrial or Manufacturing Establishment Fire.................................... $1,000.
4. . Ground Fire with a permit......................................................................................... $250.
.......................... Without a permit.................................................................................. $250.
5. . Hotel or Motel Fire................................................................................................ $1,000.
6. . Multiple (more than 1) Family Building Fire............................................................ $1,000.
7. . One Family House Fire............................................................................................. $250.
8... Rubbish Fire in an authorized or screened container................................................... $250.
..... In an unauthorized or non-screened container.......................................................... $500.
9... Train Fire.............................................................................................................. $1,000.
10. Commercial Truck or other Commercial Unit Fire not specified in #2 above............... $500.
RESPONSES NOT SUBJECT TO THE ONE-HALF HOUR MINIMUM
11. Fire Department 1st Responder to Motor Vehicle Incident,
..... Using the Jaws of Life............................................................................................. $500.
12. Mechanically Generated False Alarms
..... First............................................................................................................... No Charge
..... Second................................................................................................................... $250.
..... Third...................................................................................................................... $500.
..... All subsequent false alarms from the same location will be charged the applicable
..... rate in the above schedule plus a 50% surcharge.
13. Fire Department 1st Responder to a Motor Vehicle with medical services performed
..... on any individual involved in the incident and no ambulance is required..................... $250.
14. Hazardous Materials
..... Response........................................................................ Actual Time & Materials Costs.
Any other service not specifically enumerated is to have the fee determined by the Emergency Services Appeal Committee.
CLINTON COUNTY
ORDINANCE NO. 19.2
TOWNSHIP FIRE PROTECTION AND
AMBULANCE SERVICE ORDINANCE
At a Regular Meeting of the Township Board of The Charter Township of Watertown, Clinton County, Michigan duly called and held on the 30th day of December, 1993, there were present: Supervisor Thomas Shaver, Clerk Phyllis Rathbun, Treasurer Janet Mallison, Trustees Dan Gorman, Gloria Miller, and Mike Zalewski. Absent: Trustee Weitzel.
The following Ordinance was offered by Gorman and seconded by Rathbun and the second reading was held.
An Ordinance to amend Ordinance No. 19.1, Section VII. Exemptions. The purpose of the amendment is to correct the exemptions that are allowed of the Fire Protection and Ambulance Services Ordinance No. 19.1 which was passed on July 19, 1993 with an immediate effective date.
THE CHARTER TOWNSHIP OF WATERTOWN ORDAINS:
SECTION I. That Section VII of Ordinance No. 19.1, the Township Fire Protection and Ambulance Service Ordinance entitled, EXEMPTIONS shall be amended to read as follows: EXEMPTIONS: The following circumstances shall be exempt from the foregoing charges:
1. False alarms, except as otherwise provided;
2. Fires caused by railroad trains which are the specific statutory responsibility of railroad companies;
3. Fire or Ambulance Service performed outside the jurisdiction of the Township under a mutual aid contract or agreement with another municipality.
SECTION II. SEVERABILITY. Should any provision or part of this ordinance be declared to be invalid or unenforceable by any court of competent jurisdiction, the same shall not affect the validity or enforceability of the balance of this ordinance which shall remain in full force and effect.
SECTION III. EFFECTIVE DATE AND REPEAL OF CONFLICTING ORDINANCES. This ordinance shall take effect upon publication. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
WATERTOWN CHARTER TOWNSHIP
CLINTON COUNTY, MICHIGAN
ORDINANCE NO. 19.2
TOWNSHIP FIRE PROTECTION AND
AMBULANCE SERVICES ORDINANCE
A VOTE ON THE FOREGOING ORDINANCE WAS AS FOLLOWS:
AYES: ZALEWSKI, SHAVER, MALLISON, RATHBUN, MILLER, GORMAN
NAYS: NONE
ABSENT: WEITZEL
________________________________ ______________________________
Thomas L. Shaver, Supervisor Phyllis J. Rathbun, Clerk
CERTIFICATION
The foregoing Ordinance was duly adopted and passed by the Township Board of the Charter Township of Watertown, Clinton County, Michigan, on the 30th day of December, 1993 by roll call vote.
______________________________
Phyllis J. Rathbun, Clerk
Dated: December 30, 1993
First Reading: December 13, 1993
First Publication: December 20 & 21, 1993
Second Reading: December 30, 1993
Second Publication: January 10 & 11, 1994
WATERTOWN CHARTER TOWNSHIP
EMERGENCY SERVICES
SCHEDULE OF FEES
All responses to emergency calls are subject to a minimum charge of $250.00 regardless of whether services are rendered. Exceptions are referenced in Ordinance 19.2 Section 1 and are:
1. Fire and/or medical services provided outside of Watertown Township under a mutual aid contract or agreement;
2. Fires caused by railroad trains which are the specific statutory responsibility of railroad companies;
3. False alarms, except as otherwise provided.
THE FULL CHARGE FOR EMERGENCY RESPONSES:
2nd time within a year $500.
3RD time within a year .. $750.
All subsequent false alarms from the same location within one year.$1000.
ANY OTHER SERVICE, OR COMBINATION OF SERVICES, NOT SPECIFICALLY ENUMERATED MAY BE REVIEWED BY THE EMERGENCY SERVICES REVIEW COMMITTEE.
In multi-vehicle accidents, each vehicle owner will be charged the full fee.
Failure to make payment or arrange for payment within 50 days from the date of this bill will result in a 10% surcharge on the invoice amount.
Effective 12/15/03