CHAPTER 32: PUBLIC SAFETY
Section
Fire Department Services and Response Fees
   32.01   Purpose and intent
   32.02   Fees; fire and emergency services
   32.03   Responsibility for payment
   32.04   Billing and payment
   32.05   Collection
   32.06   Supplemental provisions
Emergency Responses; Recovery of Expenses
   32.20   Purpose
   32.21   Definitions
   32.22   Liability for expense
 
   32.99   Penalty
FIRE DEPARTMENT SERVICES AND RESPONSE FEES
§ 32.01 PURPOSE AND INTENT.
   This subchapter is adopted pursuant to Public Act 33 of 1951, being M.C.L.A. §§ 41.801 et seq., as amended, for the purpose of providing partial funding for the township’s Fire Department by the collection of fees from those who utilize certain emergency and other services provided by the Fire Department. Such fees are intended to supplement, not replace, funding for the Fire Department from general sources. The purpose of this subchapter is to recoup part of the cost of certain emergency responses from the persons receiving the benefit of the service and not to impose a penalty. While individuals who reside in or own real property in the township contribute directly or indirectly to the township’s revenues, those who simply travel through the township do not so contribute. Accordingly, the fees for services other than false alarms will not be required to be paid by township residents or township property owners under this subchapter, as provided in § 32.03 of this chapter.
(Prior Code, § 85.001) (Ord. 02-07, passed 11-14-2002)
§ 32.02 FEES; FIRE AND EMERGENCY SERVICES.
   Fees as established by resolution of the Township Board shall hereafter be due and payable to the township from a recipient of any of the following enumerated services within the township from the township’s Fire Department:
   (A)   Automobile, truck or other vehicle fire;
   (B)   All motor vehicle accidents (except accidents in which one or more of the drivers was operating under the influence of an alcoholic beverage or controlled substance which are governed by §§ 32.20 through 32.22 of this chapter);
   (C)   Any response of the township’s Fire Department to a fire alarm which has been knowingly activated under conditions in which no actual emergency situation exists; and
   (D)   Any response of the township’s Fire Department to a false alarm at a property other than a single-family residential property in excess of three such alarms within a 365-day period. For purposes of this section, a FALSE ALARM means activation of an alarm system through mechanical failure, malfunction, improper installation or testing or the negligence of the user of the alarm system, when an emergency situation does not exist.
(Prior Code, § 85.002) (Ord. 02-07, passed 11-14-2002)
§ 32.03 RESPONSIBILITY FOR PAYMENT.
   (A)   Persons or entities responsible for the fees established pursuant to § 32.02 of this chapter shall include:
      (1)   The owner, occupant and user of any motor vehicle involved in the incident, whether or not such persons or entities were at fault for the incident;
      (2)   Persons who receive assistance for personal injury, or who are rescued, whether or not such persons were at fault for the incident;
      (3)   Any other persons causing the emergency or incident to which the township’s Fire Department responds; and
      (4)   Insurers or guarantors for persons or entities in divisions (A)(1) through (A)(3) above.
   (B)   All persons or entities responsible for payment pursuant to divisions (A)(1) through (A)(4) above are jointly and severally liable to the township and the township may seek to collect the fee from one or more of such persons or entities.
   (C)   Notwithstanding any other provision of this subchapter, persons or entities who reside in or own real property in the township at the time that the services in § 32.02(A) or (B) of this chapter are provided shall not be responsible for the fees for such services.
(Prior Code, § 85.003) (Ord. 02-07, passed 11-14-2002)
§ 32.04 BILLING AND PAYMENT.
   The township shall promptly bill all persons or entities responsible for the fee. The fee shall be paid within 30 days after the date of the statement.
(Prior Code, § 85.004) (Ord. 02-07, passed 11-14-2002)
§ 32.05 COLLECTION.
   The township may collect unpaid fees by action in any court of competent jurisdiction and shall have any and all remedies provided by law for the collection of said fees. If it is necessary to file suit to collect a fee, the township shall be entitled to recover reasonable attorney’s fees and other expenses for all collection proceedings.
(Prior Code, § 85.005) (Ord. 02-07, passed 11-14-2002)
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