(A) Purpose and intent. The purpose of this section is to establish user service charges for Fire Department services as described in this section.
(B) Definitions. The following terms shall apply in the interpretation and application of this chapter:
EXCAVATOR. A person who conducts excavation.
MOTOR VEHICLE. Any self-propelled vehicle designed and originally manufactured to operate primarily upon public roads and highways, and not operated exclusively upon railroad tracks. It includes any vehicle propelled or drawn by a self-propelled vehicle. This includes semi trailers. It does not include snowmobiles, manufactured homes, all terrain vehicles or park trailers.
MOTOR VEHICLE OWNER. Any person, firm, association, or corporation owning or renting a motor vehicle, or having the exclusive use thereof, under a lease or otherwise, for a period of greater than 30 days.
PERSON. The state, a public agency, a local governmental unit, an individual, corporation, partnership, association, or other business or public entity or a trustee, receiver, assignee, or personal representative of any of them.
UNDERGROUND PIPELINE UTILITY. An underground line, facility, system, and its appurtenances used to produce, store, convey, transmit, or distribute gas, oil, petroleum products, and other similar substances.
(C) Conflicts. In the event of any conflict between the provisions of this code and applicable provisions of state law, rules or regulations, the latter shall prevail.
(D) Emergency response service charges.
(1) The collection of service charges shall be as authorized in M.S. § 366.011, as it may be amended from time to time.
(2) Collection of unpaid service charges shall be as authorized in M.S. § 366.012, as it may be amended from time to time.
(3) The service charges shall be as outlined below. Fees shall be assessed in accordance with the fee schedule adopted by the city by resolution.
(a) Vehicle accident.
1. Any incident response to an accident involving a motor vehicle where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditions of the patients. This would include but not be limited to:
a. Extrication;
b. Medical care;
c. Absorbing liquid spills;
d. Vehicle system safety;
e. Vehicle stabilization.
2. An invoice for the service charge will be sent to the motor vehicle owner or owner’s insurance company. In the event the owner cannot provide insurance information and is charged for the offense, the city shall collect the fee through the criminal process as defined in the Minnesota State Statutes.
3. If there is more than one motor vehicle involved for which Fire Department service is provided, each motor vehicle owner or insurer will be invoiced an equal share of the service charge.
(b) Fires along a railroad right of way or operating property.
1. Any incident response to a fire or fire hazard emergency caused by a railroad locomotive, rolling stock, or employees on a railroad right-of-way or operating property as defined in M.S. § 219.761, as it may be amended from time to time.
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 Incident Invoice Fee Schedule based on the number of hours on the incident.
(c) Grass fires within trunk highway right-of-way.
1. Any incident response to a grass fire within the right-of-way of a trunk highway or outside of the right-of-way of a trunk highway if the fire originated within the right-of-way of a trunk highway as defined in M.S. § 161.465, as it may be amended from time to time.
2. An invoice will be sent to the commissioner of transportation. The invoice amount will follow the Incident Invoice Fee Schedule based on the number of hours on the incident.
(d) Technical rescue.
1. Any incident response to a rescue on the water, ice, confined space, trench, high or low level where specialized equipment and training are required and where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditions of the persons in need of rescue.
2. An invoice will be sent to the persons, corporation or business owner receiving rescue service. The invoice amount will follow the Incident Invoice Fee Schedule based on the number of hours on the incident.
(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.
2. An invoice will be sent to the excavator or person responsible for the pipeline utility break. The invoice amount will follow the Incident Invoice Fee Schedule based on the number of hours on the incident.
(f) Hazardous material.
1. Any incident response to the release of hazardous material from its container, or the threat of a release of a hazardous material from its container, chemical reaction, or other potential emergency as the result of a hazardous material where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditions or protect the public.
2. An invoice will be sent to the person responsible for the hazardous material or transportation of the hazardous material. The invoice amount will follow the Incident Invoice Fee Schedule based on the number of hours on the incident, specialized equipment and materials used on the incident.
(g) Arson fire.
1. Any incident response to a fire where a person is charged under the arson statutes.
2. The fire investigator responsible for the incident investigation will forward all costs encumbered by the Fire Department in association with the incident to the court for reimbursement through restitution.
(Ord. 1562, passed 5-11-09)