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HomeMy WebLinkAboutOrdinance No. 1562ORDINANCE NO. 1562 BEING AN ORDINANCE ESTABLISHING FIRE DEPARTMENT SERVICE CHARGES The City of Columbia Heights does ordain: Chapter 8, Article IV of the City Code, is proposed to include the following additions. §8.403 Fire Department Service Charges. Purpose anti Intent The purpose of this ordinance is to establish user service charges far Fire Department services as described in this ordinance. Definitions The following terms shall apply in the interpretation and application of this chapter: 1. "Motor vehicle" means any self-propelled vehicle designed and originally manufactured to operate primarily upon public roads and highways, and not operated exclusively upon railroad tracks. It includes any vehicle propelled or drawn by aself-propelled vehicle. This includes semi trailers. It does not include snowmobiles, manufactured homes, all terrain vehicles or park trailers. 2. "Motor Vehicle Owner" means any person, firm, association, or corporation owning or renting a motor vehicle, or having the exclusive use thereof, under a lease or otherwise, for a period of greater than 30 days. 3. "Excavator" means a person who conducts excavation. 4. "Underground Pipeline Utility" means an underground line, facility, system, and its appurtenances used to produce, stare, convey, transmit, or distribute gas, oil, petroleum products, and other similar substances. 5. "Person" means the state, a public agency, a local governmental unit, an individual, corporat2or~, partnershgp, aSSGClation , or other business Car p'ablsC; entity or a trLlStee, receiver, assignee, or personal representative of any of them. Conflicts In the event of any conflict between the provisions of this Code and applicable provisions of State law, rules or regulations, the latter shall prevail Emergency Response Service Charges 1. The collection of service charges shall be as authorized in Minnesota Statute 366.011. 2. Collection of unpaid service charges shall be as authorized in Minnesota Statute 366.012. 3. The service charges shall be as outlined below. Fees shall be assessed in accordance with the fee schedule adopted by the City by resolution. A. Vehicle Accident 1.) Any incident response to an accident involving a motor vehicle where the Fire Department is able to render aid, provide assistance, or atherwise improve the conditions of the patients. This would include but not be limited to: • Extrication • Medical Care • Absorbing Liquid Spills • Vehicle System Safety • Vehicle Stabilization 2.) An invoice for the service charge will be sent to the motor vehicle owner or owner's insurance company. In the event the owner cannot provide insurance information and is charged for the offense, the city shall collect the fee through the criminal process as defined in the Minnesota State Statutes. 3.} If there is more than one motor vehicle involved for which fire department service is provided, each motor vehicle owner or insurer will be invoiced an equal share of the service charge. B. Fires Along a Railroad Right of Way or Operating Property 1.) Any incident response to a fire or fire hazard emergency caused by a railroad locomotive, rolling stock, or employees on a railroad right-of--way or operating property as defined in Minnesota Statute 219.761. 2.) An invoice will be sent to the railroad responsible for the railroad right-of- way or operating property. The invoice amount will follow the Incident Invoice Fee Schedule based on the number of hours on the incident. C. Grass Fires Within Trunk Highway Right-of--Way 1.) Any incident response to a grass fire within the right-of--way of a trunk highway or outside of the right-of--way of a trunk highway if the fire originated within the right-of--way of a trunk highway as defined in Minnesota Statute 161.465. 2.) An invoice will be sent to the commissioner of transportation. The invoice amount will follow the Incident Invoice Fee Schedule based on the number of hours on the incident. D. `Technical Rescue l.) Any incident response to a rescue on the water, ice, confined space, trench, high or low level where specialized equipment and training are required and where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditions of the persons in need of rescue. 2,) An invoice will be sent to the persons, corporation or business owner receiving rescue service. The invoice amount will follow the Incident Invoice Fee Schedule based on the number of hours on the incident.. F.. Ii~derground. Pipeline ilt~lty Brea'_~s 1.) Any incident response to an underground pipeline utility break if caused by an excavator or persan other than a homeowner or resident. 20) An invoice will be sent to the excavator or person responsible for the pipeline utilaty break. The invoice amount will follow the Incident Invoice Fee Schedule based on the number of hours on the incident. F. Hazardous Material 1.} Any incident response to the release of hazardous material from it's container, or the threat of a release of a hazardous material from it's container, chemical reaction, or other potential emergency as the result of a hazardous material where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditions or protect the public, 2.} An invoice will be sent to the person responsible far the hazardous material or transportation of the hazardous material. The invoice amount will follow the Incident Invoice Fee Schedule based on the number of hours on the incident, specialized equipment and materials used on the incident. G. Arson Fire 1.} Any incident response to a fire where a person is charged under the arson statutes. 2.) The fire investigator responsible for the incident investigation will forward all costs encumbered by the Fire Department in association with the incident to the court for reimbursement through restitution. This ordinance shall be in full force and effect thirty (30) days after its passage. First Reading: Apri127, 2009 Second Reading: May 11, 2009 Date of Passage: May 11, 2009 Offered by: Williams Seconded by: Kelzenberg Roll Call: Ayes: Peterson, Williams, Diel~t~t~, Kelzenberg Nay: IvTawrocki Mayor Gary L. Peterson Attest: r ~-_ ,_ of Patricia Muscovitz, CMC, City,,~Ierk »~