| AN ORDINANCE TO ESTABLISH CHARGES FOR FIRE DEPARTMENT
SERVICES UNDER MICHIGAN PUBLIC ACT 33 OF 1951, AS AMENDED (COMPLIED
LAW 41.801 etc.) AND TO PROVIDE METHODS FOR THE COLLECTION OF CHARGES
AND EXEMPTIONS THEREFROM.
THE TOWNSHIP OF SPRINGPORT, JACKSON COUNTY, MICHIGAN ORDAINS:
Section 1: PURPOSE
The within ordinance is adopted for the purpose of providing
financial assistance to the Township in the operation of a fire
department from those receiving direct benefits from the fire
protection service. It is the further purpose of the within Ordinance
to provide for full funding of the fire department operation which
remains, in part, an at-large governmental expense based upon
the general benefits derived by all property owners within the
Township from the existence of a Township Fire Department and
its availability to extinguish fires within the Township and perform
other emergency services.
Section 2: CHARGES
The following charges shall hereafter be due and payable to the
Township from a recipient of any of the following enumerated services
from the Township Fire Department:
A. Grass Fire $ 500.00
B. Rubbish Fire $ 500.00
C. Vehicle Fire $ 500.00D. House Fire, Barn & Related Structures
E. Fire in a Commercial Establishment $1000.00
F. Fire in an Industrial or Manufacturing Establishment $1000.00
G. Fire in a Multiple-Family Building $ 500.00
H. Hotel or Motel Fire $1000.00
I. Aircraft Fire $ 500.00
J. Truck Fire $ 500.00
K. Forest Fire $ 500.00
L. Emergency Rescue Service $ 250.00
M. False Alarm $ 100.00
N. 2nd False Alarm, 3rd, 4th, etc. $ 350.00
O. Other Services not Specifically Enumerated $ 500.00
Section: 3: TIME FOR PAYMENT FOR RUN
All of the foregoing charges shall be due and payable within 30
days from the date the service is rendered and in default of payment
shall be collectible through proceedings in district court or
in any other court of competent jurisdiction as a matured debt.
Section 4: EXEMPTIONS
The following properties and services shall be exempt from the
A. Fires caused by railroad trains, which are the specific statutory
responsibility of railroad
B. Fires involving township buildings, grounds and/or property.
C. Fire service performed outside the jurisdiction of the township
under a mutual aid contract with an adjoining municipality.
Section 5: COLLECTION OF CHARGES
The Township may proceed in district court by suit to collect
any monies remaining unpaid and shall have any and all other remedies
provided by law for the collection of said charges.
Section 6: NON-EXCLUSIVE CHARGES
The foregoing rates and charges shall not be exclusive of the
charges that may be made by the Township for the costs and expenses
of maintaining a fire department, but shall only be supplemental
thereto. Charges may additionally be collected by the Township
through general taxation after a vote of the electorate approving
the same or by a special assessment established under the Michigan
statutes pertinent thereto. General fund appropriations may also
be made to cover such additional costs and expenses.
Section 7: MULTIPLE PROPERTY PROTECTION
When a particular service rendered by the Township Fire Department
directly benefits more than one person or property, the owner
of each property so benefitted and each person so benefitted where
property protection is not involved shall be liable for the payment
of the full charge for such service hereinbefore outlined. The
interpretation and application of the within section is hereby
delegated to the Township Fire Chief subject only to appeal, within
the time limits for payment, to the Township Board and shall be
administered so that charges shall only be collected from the
recipients of the service.
Section 8: SEVERABILITY
Should any provision or part of the within Ordinance be declared
by any court of competent jurisdiction to be invalid or enforceable,
the same shall not effect the validity or enforce ability of this
Ordinance which shall remain in full force and effect.
This Ordinance shall take effect April 1, 2003. All Ordinances
or parts of Ordinances in conflict herewith are hereby repealed.
Adopted: January 13, 2003
Amended: March 10, 2003