(A)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      DEPARTMENT.  The Town Volunteer Fire Department.
      FIRE MARSHALL.  The State Fire Marshall.
      OWNER.  The person who holds the legal title to a parcel of ground as recorded in the records of the County Recorder's Office in which the property is located, or in the cases of a motor vehicle, the owner of record in the Bureau of Motor Vehicles.
      RESPONSIBLE PARTY.  The definition as set out in I.C. 13-11-2-191.
      SCHEDULE OF FEES.  The State Fire Marshall's recommended schedule of fees.
      SERVICES.  Any response by the Department for the purpose of extinguishing, containing or cleaning up after any fires, accidents or hazardous material incidents.
      TOWN.  Winamac, Indiana.
      VEHICLE.  Any device in, upon or by which a person or property is, or may be, transported or drawn upon a road or highway.
   (B)   (1)   The schedules of charges for the services provided by the Department shall be as follows:
         (a)   For initial response with a fire engine, a fire truck or a fire apparatus, including a hazardous material unit or a fire rescue unit dispatched on a fire or hazardous material incident:  $250 per response vehicle, except command/control vehicles, which is $100 per vehicle;
         (b)   For each hour or fraction thereof as on-scene assistance:  $150 per response unit and $50 per command/control vehicle;
         (c)   For expendable materials such as absorption materials, emulsifiers or other agents used in cleanup operations:  the actual replacement cost of those materials; and
         (d)   For collection of debris, chemicals, fuel or contaminated materials resulting front a spill:  the actual cost of removal and disposal at an authorized location.
      (2)   The Department shall charge the owner of a vehicle or a responsible party that is involved in a hazardous material or fuel spill or chemical or hazardous material related fire on a public highway where the Department assisted in extinguishing, containing or cleanup of the incident.
   (C)   (1)   The Department shall bill the property owner or responsible party for payment of the services charged, as determined above, as follows:
         (a)   The bill for charges shall be in writing and submitted to the property owner or responsible party within 30 days after the services are provided.
         (b)   If the service provided was for an event that requires a fire incident report, a copy of the report shall be included in the form prescribed by the State Fire Marshall.
      (2)   The Department shall not bill any property owner for the charges if the property owner has sent written notice to the Department refusing service to the owner's property prior to the provision of the services.
   (D)   (1)   Upon receipt of the billings, the owner or the agent of the owner shall remit payment of the service fees directly to the Department.
      (2)   All service fees collected under this section by the Department shall be deposited in a separate fund upon receipt and shall be used by the Department only as follows:
         (a)   To purchase equipment, buildings and property for firefighting, fire protection or other emergency services as approved by the town; and
         (b)   To pay principal and interest on a loan.
   (E)   The Department shall submit a written report to the town before April 1 of each year indicating the amount of service charges collected for the previous calendar year and specifically documenting how the funds, if any, were expended.
(Ord. 8, 1996, passed 9-24-1996)