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Ordinance No. 1193 03-29-2004ORDINANCE NO. 1193 AN ORDINANCE CREATING A NEW CHAPTER OF THE FRIDLEY CITY CODE SETTING SERVICE CHARGES FOR EMERGENCY RESPONSE CALLS The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code, be hereby amended and ordains as follows: FRIDLEY CITY CODE CHAPTER 131. FIRE DEPARTMENT SERVICE CHARGES 131.01 PURPOSE AND INTENT The purpose of this ordinance is to establish user service charges for Fire Department services as described in this ordinance. 131.02 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 a self-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, store, 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, corporation, partnership, association, or other business or public entity or a trustee, receiver, assignee, or personal representative of any of them. 131.03 CONFLICTS In the event of any conflict between the provisions of this Code adopted by the provisions of this Chapter and applicable provisions of State law, rules or regulations, the latter shall prevail. Ordinance No. 1193 131.04 EMERGENCY RESPONSE SERVICE CHARGES The collection service charges shall be as authorized in Minnesota Statute 366.011. Page 2 2. Collection of unpaid service charges shall be as authorized in Minnesota Statute 366.012. The service charges shall be as follows: 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 otherwise improve the conditions of the patients. This would include but not be limited to: • E�trication • Medical Care • Absorbing Liquid Spills • Vehicle System Safety • Vehicle Stabilization 2.) An invoice for $400 will be sent to the motor vehicle owner's insurance company or, in the event the owner cannot provide insurance information, the city shall collect the fee throu�h the criminal process as defined in the Minnesota State Statutes. +� +'�° m�+�r ��°'���'° � ° . 3.) If there is more than one motor vehicle involved for which fire department service is provided, �„ *'�° �����'°„* each motor vehicle insurer e�-e�e� will be invoiced an equal share of the $400 service charge. � - - . �:e� . .�.�r�:�:�r.e�e:s:s��:�res�essr.seers . B.E 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 Schedule based on the number of hours on the incident. Ordinance No. 1193 C.� Grass Fires Within Trunk Highway Right-of-way Page 3 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 Schedule based on the number of hours on the incident. D.� Technical Rescue 1.) 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 Schedule based on the number of hours on the incident. E.� Underground Pipeline Utility Breaks 1.) Any incident response to an underground pipeline utility break if caused by an excavator or person other than a homeowner or resident. 2.) An invoice will be sent to the excavator or person responsible for the pipeline utility break The invoice amount will follow the Incident Invoice Schedule based on the number of hours on the incident. F.C� 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 for the hazardous material or transportation of the hazardous material. The invoice amount will follow the Incident Invoice Schedule based on the number of hours on the incident, specialized equipment and materials used on the incident. Ordinance No. 1193 G.�. Fire as the Result of Negligence Page 4 1.) Any incident response to a fire that resulted from an act of negligence as defined in City Ordinance Chapter 108.06. Examples of this would include but not be limited to methamphetamine labs, commercial and industrial operations where hot work is performed and reasonable care is not exercised, and burning of debris by contractors or homeowners that results in subsequent fires to wild land or structures. 2.) An invoice will be sent to the person responsible for the negligent fire. The invoice amount will follow the Incident Invoice Schedule based on the number of hours on the incident. Arson Fire — Any incident response to a fire where a person is charged under the arson statutes. 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. 131.05 INCIDENT INVOICE SCHEDULE Engine Ladder Truck Grass Truck Rescue Truck Fire Fighter Fire Officer Crew of 4 Crew of 4 Crew of 4 Crew of 2 One One $400 per hour $500 per hour $150 per hour $100 per hour Current hourly rate Current hourly rate PASSED AND ADOPTED BY THE FRIDLEY CITY COUNCIL THIS 29th DAY OF MARCH 2O04. ��� Sco J. und, Mayor ATTEST: Debra A. Skogen, City lerk First Reading: February 9, 2004 Second Reading March 29, 2004 Publication: April 8, 2004