Loading...
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)
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;
(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)
(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)
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)
This subchapter is supplemental to, and not in derogation of, remedies available to the township, including remedies pursuant to other township ordinances (including, without limitation, Ch. 92 of this code of ordinances, §§ 93.01 through 93.06 of this code of ordinances and §§ 32.20 through 32.22 of this chapter). This subchapter is not intended to supersede or modify any criminal or civil cause of action for property damage, personal injury or violation of law.
(Prior Code, § 85.006) (Ord. 02-07, passed 11-14-2002)
EMERGENCY RESPONSES; RECOVERY OF EXPENSES
The township finds that a significant number of traffic arrests and traffic accidents in the township involve drivers who operate a motor vehicle while under the influence of alcoholic beverages and/or controlled substances. In addition, the township finds that in traffic accidents involving drivers who were operating a motor vehicle while under the influence of alcoholic beverages and/or controlled substances there is a greater likelihood of personal injury and property damage. As a result of these determinations, a greater operational and financial burden is placed upon the township and/or the township’s Fire Department and firefighting, rescue and other services by persons who are operating a motor vehicle while under the influence of alcoholic beverages and/or controlled substances.
(Prior Code, § 42.001) (Ord. 96-7, effective 8-21-1996)
Loading...