§ 41.01 RECOVERY OF USER FEES FOR MOTOR VEHICLE ACCIDENT SERVICES.
   (A)   The city, Kentucky’s Police and Fire Departments shall initiate user fees for the delivery of departmental services, personnel, supplies and equipment to the scene of motor vehicle accidents. The rate of the user fees for Fire Department services shall be set forth in Exhibit A of Ord. 2008-001, passed 2-11-08. The rate of the user fees for Police Department services shall be as set forth in Exhibit B of Ord. 2008-001, passed 2-11-08.
   (B)   Billings for said user fees shall be initially submitted to the motor vehicle insurance carrier for the vehicles involved in each motor vehicle accident, representing an add-on-cost of the claim for damages of the vehicles, property and/or injuries. The claim costs shall be submitted to the insurance company, the owner of a vehicle, owner of property, or other responsible parties who shall be jointly and severally responsible for payment.
   (C)   The Fire Department Board and the City Council may make rules or regulations, and from time to time, may amend, revoke or add rules and regulations, not inconsistent with this section as they may deem necessary or expedient in respect to billing for these fees or the collection thereof Provided, rules and regulations made by the Fire Department Board shall apply only to Fire Department billings.
   (D)   All amounts collected as a result of the fees assessed by this section for Fire Department services shall be placed into a fund as established by the Fire Department Board and the City Council to be used exclusively for equipment for the Fire Department and/or as matching funds for Grants. All amounts collected as a result of the fees assessed by this section for Police Department services shall be deposited for use within the Police Department budget and as allocated by the City Council for expenses which may include but not be limited to equipment purchases, overtime funding, programs, supplies and/or for matching fund grants.
   (E)   Because that the services addressed by this section are within the scope of services for which citizens pay city taxes, no bill shall be submitted which would require payment by a citizen of the city.
   (F)   Prior to submitting bills related to Fire Department services, the Fire Board must approve such bills at its monthly meeting. This action must be noted in the minutes of said meeting as to who will be billed for services. Once a vote has been made by members of said Fire Board, the billing information will be sent to Cost Recovery Corporation for billing and collection with all sums collected to be made payable to the Eminence Fire Department.
   (G)   Bills for police department services shall be approved by the Mayor prior to billing. The Eminence Police Department shall prepare an incident report form for vehicular accidents/collisions which fall under the purview of this section. Said report shall be submitted to Cost Recovery Corporation (CRC) and shall contain information to identify the parties involved in the vehicular accidents/collision, the “at fault” party, as well as information to identify the party as a resident or non-resident of the city. Said report shall be utilized by CRC for billing and collection, consistent with this section, with all sums collected to be made payable to the Police Department. The said sums collected shall then be deposited into the fund identified in division (D).
(Ord. 2008-001, passed 2-11-08)
Cross-reference:
   Fire Board regulations, see § 35.20