ORDINANCE #739
RESOLUTION #03-35
An ordinance pursuant to Public Act 33 of 1951, as
amended, (MCLA 41.801 et. seq.) to establish charges for certain fire
and emergency services performed by the fire department of Plainfield, a
Charter Township within the County of Kent, State of Michigan, and to
provide for the collection of such charges.
Member Briggs, supported by Member Weldon, moved the adoption of the
following ordinance:
THE CHARTER TOWNSHIP OF PLAINFIELD ORDAINS:
Section 1. Purpose. This ordinance is adopted to
provide reimbursement to the Township relative to certain fire and
emergency services rendered by Plainfield Charter Township Fire
Department.
Section 2. Definitions:
2.01. "Fire Department Response"
means coming to the scene of a fire or hazardous materials incident,
traffic or vehicular accident, or hazardous condition, or any
investigation in connection with a fire, hazardous materials incident,
accident or hazardous condition.
2.02. "Hazardous Condition" means
any condition creating a concern for the physical welfare of persons in
the immediate area of the situation (including downed utility lines or
gas leaks not in a occupied structure), requiring a fire department
response.
2.03. "Investigation" means
gathering of evidence or data in connection with arson investigations,
or special investigations required to determine the responsibility of
persons for fires, spills, accidents or hazardous conditions.
Investigations do not include the normal investigation made to determine
cause and origin of a fire as required by the State of Michigan.
2.04. "Release" means any leaking,
spilling, pumping, pouring, emitting, emptying, discharging, injecting,
leaching, dumping, or disposing into the environment.
2.05. "Person" means a natural
person, corporation, partnership or other entity with legal capacity.
Section 3. Charges For Services. Pursuant to the
authority granted by Public Act 33 of the Public Acts of 1951, as
amended, and as further amended by Public Acts of 1990, found in
Michigan Complied Laws Section 41.801 and 41.806(a), the Township shall
render charges to persons or properties served by Plainfield Charter
Township Fire Department for certain specific services for conditions
described as follows:
3.01. Any fire department response to a fire started
by a property owner or person, such as but not limited to, a controlled
brush fire or other open burning, which becomes uncontrolled, any fires
purposely or knowingly started in any building, dwelling, appurtenant
structure, or any other structure, or any motor vehicles when said fire
has been started for the specific purpose of and with the intent of
causing damage to or destruction of any such building, dwelling,
appurtenant structure, or vehicle.
3.02. Any fire department response to an incident
caused by a criminal act; i.e. DUI, intentional false alarm, arson, etc.
3.03. Any fire department response to a fire in a
structure causing a loss, ignited by accidental means shall be subject
to cost recovery for damage or destruction to fire department equipment
beyond normal wear and tear, and for all expenses incurred and paid to a
third party.
3.04. Any fire department response requiring
containment, abatements or any safety measure in connection with any
hazardous or toxic material release. Charges in such case shall be made
to the person responsible for the release, whether or not the release
occurs on the property of the responsible party. The responsibility for
the release includes releases caused by the person as well as any
release from any vehicle, building, or other instrumentality, owned
occupied or utilized by the person, regardless of fault.
3.05. Any fire department response to a traffic or
vehicular accident, including but not limited to the control of fires or
spills, assistance to injured persons or ambulance crews, or extraction
of persons from vehicles.
3.06. Any fire department response for hazardous
conditions.
3.07. The cost of copies for fire department reports
generated for any person, except for governmental entities.
3.08. Any Township response to a False Alarm due to
system malfunction or maintenance issue at a property that is not a
single family or duplex residence in excess of three such alarms in any
consecutive 12-month period.
3.09. The provision of fire department equipment or
personnel for the purpose of providing stand-by fire, rescue, or
emergency medical services necessary to support a non-emergency
event/situation hosted by a for-profit organization. When such services
are requested by a non-profit organization, the Township Board will act
upon a recommendation by the Fire Chief to charge for services.
3.10. Failure to comply with requests made by the
fire department to abate hazards as specified in the fire safety codes
as adopted by the Township. If compliance is not made within 3
inspection visits over a (30) day period, the fire safety specialist
will notify the Fire Chief, who will charge the person responsible for
the property the appropriate fee as provided by resolution.
Section 4. Exemptions. The following properties and
services shall be exempt from the foregoing charges:
4.01. Fires caused by railroad trains which are the
specific statutory responsibility of railroad companies.
4.02. Fire service performed outside the
jurisdiction of the Township under a mutual aid contract with an
adjoining municipality.
Section 5. Responsibility for Charges. Persons
responsible for charges include:
5.01. Persons who caused the condition.
5.02. Property owners or occupants of property upon
which the conditions exist.
5.03. Owners or lessees of instrumentalities
involved in the condition, such as vehicle owners, utility or gas
companies.
5.04. Owners of vehicles from which occupants are
extricated, owners or renters of premises from which a person or persons
are rescued, and owners of vehicles receiving fire extinguishment or
spill abatement shall be deemed as benefiting from the services
provided.
5.05. Insurers or guarantors for persons responsible
or benefited.
5.06. Withstanding the foregoing, a person who is a
resident of Plainfield Township at the time of an incident shall not be
responsible for any charges imposed under paragraph 3.05.
Section 6. Multiple Property Protection. When a
particular service rendered by the Township directly benefits more than
one person or property, each person responsible as set forth above shall
be jointly and severally liable for the payment of the full charge for
such service hereinbefore outlined. The interpretation and application
of the within section is hereby delegated to the Township Fire Chief
subject only to appeal, within the time limits for payment, to the
Township Board.
Section 7. Payment for Services. The Township shall
bill persons determined to be responsible for the incident charged for,
or owners of property, for amounts set forth in the resolution
determining charges. All bills rendered for charges shall be paid within
(30) days of the mailing of the billing.
Section 8. Collection of Charges. The Township may
proceed in district court by suit to collect any monies remaining unpaid
and shall have any and all other remedies provided by law for the
collection of said charges.
Section 9. Charges to be Determined by Resolution.
Charges for fire department services enumerated above shall be
determined by resolution of the Township Board.
Section 10. Disbursement of Funds. All funds
collected as a result of this ordinance shall be used for the normal
operations and maintenance of the fire department and its equipment.
Section 11. Other Remedies. The
recovery of charges and expenses imposed under this Ordinance shall not
relieve or limit the liability of any person under any other local
ordinance, or state or federal law, rule or regulation. The remedies
provided herein shall be in addition to those remedies provided by the
Hazardous Material Expense Recovery Ordinance, and nothing in this
ordinance shall prohibit the Township from also proceeding under the
Hazardous Material Expense Recovery Ordinance.
Section 12. Severability. Should any provision or
part of the within ordinance be declared by any court of competent
jurisdiction to be invalid or unenforceable, the same shall not affect
the validity or enforceability of the balance of this ordinance which
shall remain in full force and effect.
Section 13. Effective Date. This ordinance shall
take effect immediately upon publication.
Ayes: Groenleer, Morrow, Stover, Briggs, Heindrichs, Parris and
Weldon
Nays: none
Absent: none
Motion carried. Ordinance #03-35 declared adopted
Susan L. Morrow, MMC
Plainfield Charter Township Clerk
CERTIFICATION
I, Susan L. Morrow, the duly qualified and elected Clerk of
Plainfield Charter Township hereby certify that the foregoing is a true
and complete copy of an ordinance adopted by the Plainfield Township
Board at a regular meeting held on May 05, 2003, and that public notice
of said meeting was given pursuant to Act No. 267, Public Acts of
Michigan, l976, including, in the case of a special or rescheduled
meeting, notice by publication or posting at least eighteen (l8) hours
prior to the time set for the meeting.
Susan L. Morrow, MMC
Plainfield Charter Township Clerk
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