§ 33.037 SERVICE OUTSIDE OF TOWN.
   (A)   Contracts authorized. The town is hereby authorized and empowered to enter into contracts or agreements with individuals, firms, private corporations and associations or political subdivisions of the state for fire protection outside of the corporate limits of the town and to contract to provide fire protection jointly with other organizations and municipal subdivisions of the state.
   (B)   Contract terms; fees for service.
      (1)   Any contract entered into by the town with an individual owner, firm, private corporation or association or political subdivision for outside aid or for mutual aid for fire protection shall provide for payment by the owner, firm, private corporation or association or political subdivision to the town for such fire apparatus and personnel at the rate per call as set by the Town Board.
      (2)   All monies received from such calls shall go into the General Fund.
   (C)   Authority to answer calls. The Fire Department of the town is hereby authorized and directed to answer, in the discretion of the Fire Chief, all outside calls outside of the corporate town limits. The Fire Department may not answer such outside calls if, in the opinion of the Fire Chief, it is inexpedient to do so because of another fire in the town, broken apparatus, impassable or dangerous highways or other physical conditions.
   (D)   Serving in regular line of duty.
      (1)   All volunteer firefighters of the Fire Department of the town attending and serving at fires or doing fire prevention work outside of 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.
      (2)   Such firefighters shall be entitled to all of the benefits of any firefighters pension and retirement fund in the same manner as if the firefighting or fire prevention work were being done within the corporate limits of the town.
      (3)   The compensation of firefighters shall be as provided by the Board of Trustees by ordinance or resolution.
   (E)   Department considered agent of the state. The Fire Department of the town answering any fire alarm or call or performing any fire prevention services outside of the corporate limits of the town shall be considered as an agent of the state and acting solely and alone in a governmental 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.
(Prior Code, § 6-2-9)