HomeMy WebLinkAboutORDINANCES-1996-122-O-96• 122-0-96 11 /5/96
AN ORDINANCE
Establishing the Evanston Fire and
and Life Safety Services
Cost Recovery Program
WHEREAS, the Evanston Fire Department's staff expends considerable time and
money in performing fire prevention duties, inspections, code enforcement, and other
responsibilities pursuant to specific codes and ordinances; and
WHEREAS, it has become increasingly necessary to defray the costs of such
services by the establishment of certain user fees; and
WHEREAS, the City Council has established a policy that the costs of Fire
• Department responses to incidents due to a negligent, unlawful or unauthorized act shall
be borne by the party or parties responsible;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Title 9 of the Evanston City Code, 1979, as amended, be and
is hereby amended by adding the following new Chapter 14:
CHAPTER 14
FIRE DEPARTMENT COST RECOVERY PROGRAM
9-14-1: DEFINITIONS:
CARELESS: Not taking ordinary or proper care; heedless; inattentive.
CONTRACT: An oral or written agreement to have work performed by a
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contractor.
CONTRACTOR:
EMERGENCY
RESPONSE:
INCENDIARY
ACT:
INCIDENT:
MALICIOUS
ACT:
Person or entity who has a contract to perform a task or service.
Any call requiring the Fire Department to respond.
A fire purposely set by a person or persons.
Any request, by any person for the services of the Evanston Fire
Department.
A wrongful act intentionally done without legal justification or
excuse; an unlawful act done wilfully and purposely.
NEGLIGENCE: Failure to use the ordinary care a reasonably prudent and
careful person would use under similar circumstances; failure
to do something which a reasonable person would do; or the
doing of something which a reasonable and prudent person
would not do.
9-14-2: ACTS REQUIRING COST REIMBURSEMENT: The following acts are subject to
the fees enumerated in Section 9-14-3:
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(A) Negligence/Careless Acts: Any Contractor whose Negligence or careless actions •
or conduct causes an Incident resulting in appropriate Emergency Response, shall
be required to make restitution, pursuant to Section 9-14-3 of this chapter, to the
City of Evanston for the costs of that Emergency Response.
(B) Malicious or Incendiary Acts: Any person whose Malicious or Incendiary Act
causes an Incident resulting in Emergency Response, shall be required to make
restitution, pursuant to Section 9-14-3 of this chapter, to the City of Evanston for
the costs of that Emergency Response.
(C) Driving Under the Influence: Pursuant to Chapter 625, Section 5/11-501(a) of the
Illinois Compiled Statutes, any person who has 0.10 or more alcohol
concentration in his or her blood or breath, or whose blood or urine contains
evidence of the unauthorized use of cannabis, as defined by the Illinois Cannabis
Control Act, 720 ILCS 550/1 et seq. (1994), or of the unauthorized use of a
controlled substance, as defined by the Illinois Controlled Substances Act, 720
ILCS 570/100 et seq. (1994), and who causes an Incident resulting in appropriate
Emergency Response, upon conviction (includes supervision and probation) shall
be required to make restitution, pursuant to Section 9-14-3 of this chapter, ,to the
City of Evanston for the costs of that Emergency Response.
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(D) Helicopter Standby: When a helicopter (other than governmental crafts such as
Coast Guard crafts or those carrying political personnel) lands or hovers within the
0 boundaries of the City, the person responsible for such helicopter shall be
required to make restitution, pursuant to Section 9-14-3 of this Chapter, to the
City of Evanston for the costs of a fully staffed fire engine required for standby.
(E) Fire Company Standby: When a Fire Company (engine, truck, or ambulance with
the appropriate number of firefighters) is requested or required to standby for a
non -City sponsored event, the person responsible shall be required to make
restitution, pursuant to Section 9-14-3 of this chapter, to the City of Evanston for
the costs of such Fire Company Standby.
9-14-3: FEES: The following fees shall apply to all acts enumerated in Section 9-14-2:
Per Fire Engine Per Hour ...................................... $350.00
Per Truck Company Per Hour ................................... $350.00
Per Command Van Per Hour .................................... $175.00
Per Ambulance Per Hour ...................................... $350.00
Per Administrative Vehicle Per Hour .............................. $100.00
Per Administrator Per Hour ..................................... $100.00
Per Fire Inspector Per Hour ..................................... $ 75.00
Per Suppression Member Per Hour ............................... $ 75.00
• A minimum of one hour shall be charged. Subsequent hours will be billed at 15 minute
increments.
9-14-4: LATE FEES: All fees shall be paid to the City Collector within 60 days of the
invoice date. In the event that the fees are not paid within the 60 day period, said fees shall
be increased by 50%.
9-14-5: WAIVER OF FEES: The Fire Chief or his/her designee may waive or reduce fees,
upon his discretion, based on mitigating circumstances.
SECTION 2: That all ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3: That this ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
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Introduced: NW4,t�) ) I , 1996
Adopted: I a , 1996
Approved: i996
!1
Mayor
ATTEST:
City Clerk
Approve as to for`n•
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C6 oration Counsel
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