HomeMy Public PortalAbout014-2011 - General Ordinance - creating Ch 81ORDINANCE NO. 14-2011
A GENERAL ORDINANCE CREATING RICHMOND CITY
CODE CHAPTER 81 (RICHMOND FIRE DEPARTMENT
RESPONSES TO MOTOR -VEHICLE ACCIDENTS)
WHEREAS, On March 16, 2009, the Common Council of the City of Richmond passed
Ordinance Number 75-2008, which Ordinance created Chapter 80 of the
Richmond City Code in order that the Richmond Fire Department may recoup the
costs of services provided and the costs of supplies expended during motor -
vehicle and/or medical response services provided by the Richmond Fire
Department; and
WHEREAS, The Richmond Fire Department wishes to continue providing the various
emergency, hazardous, and/or medical responses in accordance with Indiana
Code, Richmond City Code, and any associated industry standards; and
WHEREAS, The Richmond Fire Department service run activity to vehicular accidents or
collisions continues to increase each year, new home security regulations such as
biological training and equipment, etc., will continue to create increased demands
on all operational areas of the Richmond Fire Department; and
WHEREAS, The Richmond Fire Department has continued to investigate different methods to
maintain a high level of quality of Fire Department services through the times of
constantly increasing service demands, where maintaining an effective response
by the Richmond Fire Department decreased the insurance companies' costs by
saving lives and minimizing vehicular and damage by fire or damage by
hazardous substances; and
WHEREAS, Raising the real property taxes to meet the increase in service demands would not
be fair to property owners, when a number of the motor -vehicle accidents involve
individuals who may not necessarily own property or pay property taxes in the
City of Richmond or the jurisdiction of the Richmond Fire Department and, as
such, the ability of the Richmond Fire Department to effectively respond
continues to decreases the liability of the insurance companies by savings lives
and minimizing vehicular damage by fire; and
WHEREAS, The Common Council of the City of Richmond desires to implement a fair and
equitable procedure by which to collect said motor -vehicle accident fees for
responses in accordance with state and federal laws, regulations, and guidelines
and in order to achieve said goal, portions of the fee schedule pertaining to motor -
vehicle accident fees that were previously set forth in Ordinance Number 75-
2008, Chapter 80 of the Richmond City Code, should be re -codified as a chapter
separate from Chapter 80, specifically a new Chapter 81 which should reflect that
the charges are to be in accordance with current industry standards as determined
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by the motor -vehicle insurance industry standards that are updated frequently by
the motor -vehicle insurance industry; and
WHEREAS, The continual update of the establishment of fees as set forth by current motor -
vehicle industry standards is in the best interest of the City of Richmond and its
residents.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
RICHMOND, INDIANA that the rate of the user fees should be that which is usual, customary,
and reasonable as the costs for the motor -vehicle accident response services provided by the
Richmond Fire Department, which fees may fluctuate according to the insurance industry
standards and which fees, as of the effective date of this ordinance, shall be in effect and initiated
as user fees for the delivery of fire department services by the Richmond Fire Department for
motor -vehicle accidents.
NOW, THEREFORE, BE IT ALSO ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF RICHMOND, INDIANA, that the user fees shall be filed with the motor -vehicle
insurance representing an add -on cost of the claim for damages of the vehicles, property and/or
injuries and that the claim costs shall be filed with the insurance company of the owner of a
vehicle, owner of property, or responsible parties, and that the insurance company and/or its
insured are responsible for this billing per this ordinance.
NOW, THEREFORE, BE IT ALSO ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF RICHMOND, INDIANA that Chapter 81 of the Richmond City Code be set forth as
follows:
TITLE VIII
EMERGENCY RESPONSES
CHAPTER 81:
RICHMOND FIRE DEPARTMENT RESPONSES
TO MOTOR -VEHICLE ACCIDENTS
SECTION GENERAL PROVISIONS
81.01
Purpose
81.02
Authority
81.03
Applicability
81.04
Definitions
81.05
Responsibility for Administration
81.06
Compatibility with Other Chapter Requirements
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81.07
Response Fees to Motor -Vehicle Accidents
81.08
Billing Procedures
81.09
Disposition of Funds
81.10
Annual Review of Fees and Procedures
81.11
Unconstitutionality Clause
81.12
Effective Date
81.01 PURPOSE
The Common Council of the City of Richmond, after careful investigation and consideration,
finds that certain fees and cost recovery procedures must be utilized to assist the City of
Richmond, through its Fire Department, to recover the cost of expenses for supplies and recover
the cost of services incurred by the Richmond Fire Department when the department responds to
or provides services for motor -vehicle accidents or collisions, which services contribute to and
are necessary to the public health, safety, and welfare of the people of the City of Richmond.
80.02 AUTHORITY
This Chapter is adopted under the authority granted by Indiana Code (IC) 36-1-3 (Home Rule)
and all act acts supplemental and amendatory thereto. This Chapter shall impose user fees for
services provided by the Richmond Fire Department in response to motor -vehicle accidents or
collisions, provided however that pursuant to IC 36-1-3-8(a)(6) a service charge or user fee that
is imposed shall not be greater than that reasonably related to reasonable and just rates and
charges for services.
81.03 APPLICABILITY
This Chapter shall apply to all persons or organizations who receive services for motor -vehicle
accident responses from the City of Richmond Fire Department, and shall apply to any
Responsible Party as defined by this Chapter.
81.04 DEFINITIONS
For the purposes of this Chapter the following definitions shall apply. Any term in this Chapter
not defined below shall take on its common or dictionary meaning.
(a) Expendable Material is defined as an item that is regularly used during the
course of a motor -vehicle accident or collision response, including, but not limited to, hazardous
spill absorption materials, agents including but not limited to foam, absorbing agents, or
emulsifiers used in cleanup operations, or any other item that must be replaced due to the
rendering of services and/or responses to a motor -vehicle accident or collision by the Richmond
Fire Department.
(b) Hazardous Material Spill is defined as unexpected, unintentional, or unapproved
discharge or other loss of oil or other substances that contain hazardous or otherwise
objectionable substances that damage or threaten to damage the public health, safety, and
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welfare, which, for the purposes of this Chapter only, are the result of a motor -vehicle accident
or collision to which the Richmond Fire Department is a responder.
(c) Non-resident is defined as a person whose primary residence at the time of the
service or response is outside the jurisdictional boundaries of the Fire Department of the City of
Richmond, Indiana.
(d) Resident is defined as a person whose primary residence at the time of the service
or response is within the corporate boundaries of the City of Richmond.
(e) Response or respond is defined as the deployment or mobilization of the
Richmond Fire Department to motor -vehicle accident or collision calls or calls for hazardous
material spills that are the result of a motor -vehicle accident or collision.
(f) Responsible Party is defined as:
(1) the individual who caused the motor -vehicle accident or collision (as
determined by the motor -vehicle accident police report) that necessitated the motor -vehicle
accident response by the Richmond Fire Department and personnel; or
(2) the liable insurance company or insurance provider of the vehicle driven
or operated by the individual who caused the motor -vehicle accident or collision (as determined
by the motor -vehicle accident police report) that necessitated the motor -vehicle accident
response by the Richmond Fire Department and personnel; or
(3) the owner and/or the liable insurance company or insurance provider of
the owner of the motor vehicle operated by the individual who caused the motor -vehicle accident
or collision (as determined by the motor -vehicle accident police report) for which hazardous
material spills or debris around the vehicle are cleaned up, fires are extinguished, or the site of
the accident or collision is secured during a response by the Richmond Fire Department and
personnel; or
(4) the legal representative of a deceased party or the legal guardian of an
incapacitated or minor party, which deceased party, incapacitated party, or minor party caused
the motor -vehicle accident or collision (as determined by the motor -vehicle accident police
report) that necessitated the response by the Richmond Fire Department and personnel.
(g) Service is defined as any necessary action conducted by the Richmond Fire
Department during a motor -vehicle accident response including, but not limited to, cleanup of
hazardous substances, evacuation, securing premises, extrication, extinguishment, transportation,
equipment operation and utilization, and any and all other services required to assure public
health and safety from known hazards which resulted from the motor -vehicle accident which the
Richmond Fire Department was called to respond to.
81.05 RESPONSIBILITY FOR ADMINISTRATION
The City of Richmond shall administer, implement, and enforce the provisions of this Chapter by
and through the Richmond Fire Department. Any powers granted or duties imposed upon the
City of Richmond in this Chapter may be delegated in writing by the City of Richmond to
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persons or entities acting in the beneficial interest of or in the employ of the Richmond Fire
Department.
81.06 COMPATIBILITY WITH OTHER CHAPTER REOUIREMENTS
This Chapter is not intended to interfere with, abrogate, or annul any other Chapter, rule,
regulation, statute, or other provision of the law. The requirements of this Chapter should be
considered minimum requirements, and where any provision of this Chapter imposes restrictions
different from those imposed by any other Chapter, rule, regulation, or other provision of law,
the more restrictive provisions or those provisions that impose higher protective standards for
human health or the environment, shall be considered to take precedence.
81.07 RESPONSE FEES TO MOTOR -VEHICLE ACCIDENTS
The fees for response services for motor -vehicle accidents or collisions by the Richmond Fire
Department shall be in accordance with motor -vehicle insurance industry standards which may
fluctuate from time to time and shall not exceed that which is usual, customary, and reasonable
for costs of the services rendered.
Response fees are as follows:
Level 1 fee
Scene Safety
$30
Investigation
$30
Traffic Control
$30
Battery Disc
$40
Hybrid Vehicle
$75
Veh. Stabilization
$40
Level 2 Fee
Scene Clean Up
$60
Absorbant
$10
Hose Lines
$15
Discharge Line
$15
Water Supply
$14
Extinguisher
$25
Level 3 Fee
Extrication $400
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Level 4 Fee
Landing Zone $300
HazMat Fee
Foam
$25
Absorbant
$10
Emulsifiers
$25
Personnel Fee
Firefighter
$32
Driver
$38
Lieutenant
$43
Captain
$50
Batt Chief
$58
Asst. Chief
$58
Chief
$67
Apparatus Fee
Rescue Truck
$85
Ladder Truck
$76
Pumper Truck
$62
Heavy Rescue
$100
Foam Truck
$52
Officer's Car
$15
Chief's Car
$15
81.08 BILLING PROCEDURES
The fees set forth in this Chapter will be charged to and billed to responsible parties within thirty
(30) days of the rendering of services. Charges will be due and payable sixty (60) days after the
date services are rendered. Unpaid charges are subject to collection action by the City.
81.09 DISPOSITION OF FUNDS
The Richmond Fire Department is responsible for the billing and collection of aforesaid fees. All
fees collected (other than fees for hazardous materials billed and collected pursuant to Indiana
Code 36-8-12.2) will be allocated to the Special Revenue Fund 205 for the Richmond Fire
Department.
8 1. 10 REVIEW OF FEES AND PROCEDURES
In order to remain in compliance with the authority granted by Indiana Code (IC) 36-1-3 (Home
Rule) as set forth in Section 80.02 above, the fees set forth by the motor -vehicle insurance
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industry standards as compared with the fees actually imposed in accordance with this Chapter
and Ordinance will be reviewed no less than annually by the Chief of the Richmond Fire
Department. In the event the Chief determines there is a need to update the fees set forth in this
Chapter and Ordinance, the Chief shall report his findings to the Common Council of the City of
Richmond in order for the Common Council to determine if adjustments should be made to
assure that charges remain reasonable in relation to the cost of providing the services set out
herein. It shall be the obligation of the Richmond Fire Department to provide the Common
Council with data sufficient to support the amount of the charges.
81.11 UNCONSTITUTIONALITY CLAUSE
Should any section, paragraph, sentence, clause or phrase of this Chapter be properly declared
unconstitutional or invalid for any reason, the remainder of said Chapter shall not be affected
thereby.
81.12 EFFECTIVE DATE
This ordinance shall be in full force and take effect upon its passage. (Ordinance No. 14-2011)
Passed this _16th day of _May , 2011.
S/S Diana Pappin
Diana Pappin, President
Common Council of
The City of Richmond
ATTEST: S/S Karen Chasteen City Clerk
(Karen Chasteen)
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Presented by me to the Mayor of the City of Richmond, Indiana, this _17th day of
_May , 2011, at 9:00 a.m.
_S/S Karen Chasteen City Clerk
(Karen Chasteen)
Signed and Approved by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this
_17th day of _May , 2011, at 9:05 a.m.
_S/S Sarah L. Hutton Mayor
(Sarah L. Hutton)
ATTEST: _S/S Karen Chasteen City Clerk
(Karen Chasteen)
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