§ 35.007 NONRESIDENT POLICE SERVICE AND PUBLIC WORKS FEE FOR SIGNIFICANT INCIDENTS.
   (A)   The Town Council recognizes the following terms and definitions.
      BUSINESS. Any sole proprietorship, partnership, corporation, unincorporated association or society or a corporation of any character whatsoever organized or licensed to do business for profit.
      NONRESIDENT. Any citizen that does not maintain a physical place of residence within the corporate limits of the Town of White Hall and does not currently pay residential fire fees to the Town of White Hall.
      SIGNIFICANT INCIDENT.
         (a)   Any emergency event or accident which requires the response and presence of police and/or public works, regardless of who has called for emergency assistance, and:
            1.   The event has caused damage resulting in emergency medical services being dispatched; or
            2.   A towing service is required; or
            3.   Damage results in a reasonable estimate in excess of $1,000 of real property, personal property or injury damages.
         (b)   A SIGNIFICANT INCIDENT will be determined based upon results and sole and exclusive determination of the police investigation.
      USER. A person who receives the direct services of the Police Department or the Public Works Department resulting from a crime, vehicle accident, fire, hazardous material spill, rescue or any other occurrence requiring the response of the Police Department or the Public Works Department for emergency services.
   (B)   The Town of White Hall hereby establishes a nonresident police service and public works fee for significant incidents occurring within the boundaries of the Town of White Hall, with an imposed fee of actual costs resulting in equipment replacement plus a standard fee of $125 per incident.
   (C)   A fee is hereby levied and imposed on all nonresidents otherwise termed as users of the protection services of the White Hall Police Department and/or the service of the White Hall Public Works Department; and a fee is hereby levied and imposed for each direct use of the town’s emergency response services during a significant incident based on the actual cost, as determined by the Town Administrator, which includes any equipment used that will need replaced at the town’s expense, plus a standard incident cost of $125 per single significant incident.
   (D)   The billing and collection of fees process and procedures include:
      (1)   The nonresident fees levied and imposed by this section shall be billed and collected by the Town Administrator.
      (2)   The senior police officers and/or Public Works supervisor directly providing services shall verify the businesses' nonresident status and shall obtain such information from a driver's license, vehicle registration card or by other available means.
      (3)   The police officers involved in providing the services shall complete, with the assistance of the Police Chief, a written report on a form developed by the Town Administrator. That report shall include the names of the police officer(s) and/or Public Works personnel who were at the scene, a list of Police Department and/or Public Works vehicles or equipment used, the amount of time during which the equipment was used and the amount of time each individual police officer(s) and/or Public Works personnel was at the scene providing services and assistance.
      (4)   This report shall be signed by the police officer and/or Public Works supervisor in charge at the scene and submitted to the Town Administrator on the next regular business day after the services were provided.
      (5)   The fee levied and imposed by the provisions of this section shall be a debt due the Town of White Hall. The Town Administrator is authorized and directed to pursue the collection of each debt through all legal means available to the town.
   (E)   The Town Council recognizes that all revenues received from the collection of the nonresident service fees shall be deposited into the town's General Fund and will be used to help pay for the cost of the operating budgets of the Police and Public Works Departments.
(Ord. 23-001, passed 1-23-2023; Ord. 24-005, passed 7-22-2024)