§ 33.12 CONTRACTS FOR SERVICES.
   (A)   Contract for service within town.
      (1)   Contracts authorized. The town is hereby authorized and empowered to enter into contracts or agreements with individuals, firms, private corporations or associations, or political subdivisions of the state for fire protection within the corporate limits of the town, and to contract to provide fire protection jointly with other organizations and municipal subdivisions of the state.
      (2)   Fees.
         (a)   Any contract entered into by the town with an individual owner, a firm, private corporation, or association for aid or mutual aid for fire protection for a private residence, shall provide for the payment by the owner, firm, private corporation, association or political subdivision to the town for such fire apparatus and personnel at the following rates:
            1.   Dues: $75 per year.
            2.   Failure to pay dues:
               a.   Five hundred dollars per run; and
               b.   No charge for medical runs.
         (b)   Any contract entered into by the town with an individual owner, a firm, private corporation, or association for aid or mutual aid for fire protection for commercial property, shall provide for the payment by the owner, firm, private corporation, association or political subdivision to the town for such fire apparatus and personnel at the following rates:
            1.   Dues: $100 per year for up to ten structures per address; $200 for 11 to 20 structures per address; and $250 for any address with over 20 structures.
               a.   A structure includes, but is not limited to, a home, mobile home, tiny home, recreational vehicle (RV), barn, or garage.
               b.   The number of structures at an address shall be determined at the time fire dues are paid for the fiscal year.
            2.   Failure to pay dues:
               a.   Five hundred dollars per run; and
               b.   No charge for medical runs.
      (3)   Right-of-way. All motorized equipment of the town's Fire Department shall have the right- of-way over all other commercial and pleasure vehicles.
(Prior Code, § 5-1A-1)
   (B)   Contract for service outside town.
      (1)   Contracts authorized. The town is hereby authorized and empowered to enter into contracts or agreements with individuals, firms, private corporations or associations, or political subdivisions of the state for fire protection outside the corporate limits of the town, and to contract to provide fire protection jointly with other organizations and municipal subdivisions of the state.
      (2)   Fees.
         (a)   Any contract entered into by the town with an individual owner, a firm, private corporation, or association for aid or mutual aid for fire protection for a private residence, shall provide for the payment by the owner, firm, private corporation, association or political subdivision to the town for such fire apparatus and personnel at the following rates:
            1.   Dues: $75 per year.
            2.   Failure to pay dues:
               a.   Five hundred dollars per run; and
               b.   No charge for medical runs.
         (b)   Any contract entered into by the town with an individual owner, a firm, private corporation, or association for aid or mutual aid for fire protection for commercial property, shall provide for the payment by the owner, firm, private corporation, association or political subdivision to the town for such fire apparatus and personnel at the following rates:
            1.   Dues: $100 per year for up to ten structures per address; $200 for 11 to 20 structures per address; and $250 for any address with over 20 structures.
               a.   A structure includes, but is not limited to, a home, mobile home, tiny home, recreational vehicle (RV), barn, or garage.
               b.   The number of structures at an address shall be determined at the time fire dues are paid each fiscal year.
            2.   Failure to pay dues.
               a.   Five hundred dollars per run; and
               b.   No charge for medical runs.
         (c)   All moneys received from said contracts or calls shall go into the General Fund to be used for any debt acquired by the Fire Department.
      (3)   Authority to answer calls. The Fire Department of the town is hereby authorized and directed to answer all outside calls within a distance of five miles from the nearest fire station; unless, in the opinion of the Fire Chief, it is inexpedient to do so on account of another fire in the town, broken apparatus, impassable or dangerous highways or other physical conditions.
      (4)   Agent of state. All firefighters of the town's Fire Department attending and serving at fires or doing fire prevention work outside the corporate limits of the town shall be considered as an agent of the state, and acting solely and alone in a government capacity, and the town shall not be liable in damages for any act of commission, omission or negligence while answering or returning from any fire, or reported fire, or doing any fire prevention work under and by virtue of this section.
      (5)   Right-of-way. All motorized equipment of the town's Fire Department shall have the right- of-way over all commercial and pleasure vehicles.
      (6)   Serving in line of duty. All firefighters attending and serving at fires or doing fire prevention work outside the corporate limits of the town, as herein provided, shall be considered as serving in their regular line of duty as fully as if they were serving within the corporate limits of the town. The firefighters shall be entitled to all the benefits of any fire pension and relief fund in the same manner as if the firefighting or fire prevention work was being done within the corporate limits of the town.
(Prior Code, § 5-1A-2)
(Ord. 527, passed 8-1-1988; Ord. 531, passed 6-1-1992; Ord. 2023-5.30-2, passed 5-30-2023)