3.1 ORDINANCE ADOPTING EMERGENCY SERVICE PROTECTION CHARGES

ORDINANCE NO. 2009-1
STATE OF WISCONSIN
Town of Frankfort
Pepin County

SECTION 1 – TITLE/PURPOSE

This ordinance is entitled the Town of Frankfort Emergency Service Protection Charges Ordinance. The purpose of this Ordinance is to establish a per run fee to recover the costs of emergency service of the Durand Rural Fire Department made to property or Town roads within the Town of Frankfort pursuant to Sec. 60.55 Stats. and Sec. 66.0703 Stats.

SECTION 2 – AUTHORITY

The town board of the Town of Frankfort has been granted village powers pursuant to Sec 60.10 Wisconsin Statutes. Wisconsin Act 532 authorizes towns to charge a portion or all of the costs of fire protection. Pursuant to Section 60.55, 60.555 and 60.557 of Wisconsin Stats., the Town of Frankfort, Pepin County, hereby establishes the following policy and procedure for the payment of emergency service costs incurred by the Town of Frankfort.

SECTION 3 – ADOPTION OF ORDINANCE

The town board of the Town of Frankfort, by this ordinance, adopted with a quorum and by a roll call vote by a majority of the town board present and voting, provides the authority for the town to impose a charge for each emergency service call made to property within the Town of Frankfort.

SECTION 4 – LIABILITY FOR EMERGENCY SERVICE PROTECTION COSTS

4.A. 	The Town of Frankfort hereby imposes a charge for each emergency service call made within the Town of Frankfort. Such fee shall not exceed the actual cost to, the Town for the particular fire call. The charges to be imposed under this Ordinance shall, in each case, be imposed on all of the owners of the real estate to which the particular fire call is made, except in those limited circumstances provided for in paragraph number (4.B.) of this Ordinance. 

4.B. 	Emergency service call to vehicles located in town: In the event that a emergency service call is not made to real estate located within the town but instead is made to a vehicle located on a Town Road within the Town of Frankfort, then, in that case, such charges provided for under this Ordinance shall be imposed on all owners of such vehicle that is the subject of the emergency service call. Such fee shall be paid in full no later than 60 days after the date of the particular emergency service call.

SECTION 5 – LIABILITY FOR EMERGENCY SERVICE PROTECTION COSTS
FROM FIRE DEPARTMENTS OTHER THAN AUTHORIZED FIRE DEPARTMENT

It is the policy of the Town of Frankfort to contract with the Durand Rural Fire Department. Any property owner requesting emergency service protection directly from any fire department other than the Durand Rural Fire Department shall be responsible for the full costs billed to the Town from that fire department. This section shall not apply to the costs of any other department responding at the request of an authorized department under mutual aid.

SECTION 6 – BILLING AND PAYMENT PROCEDURE

6.A. 	In each case, the emergency service call charges provided for in this Ordinance shall be shall be billed by the Town Treasurer and paid in full to the Treasurer of the Town of Frankfort no later than 60 days after the date of the particular emergency service call. If not paid within that period, then such fee shall be deemed to be delinquent.

6.B.	Hardship Cases. Hardship cases may come before the Town Board to request a variance on the 60 day delinquency policy.  This request must be made before the end of the 60 day period. The Town Board reserves 
the right to determine payment extensions or payment plans on a case by case basis. 

6.C. 	If full payment of a emergency service call fee is not made within the 60 day period, such delinquent fee shall 
become a lien on such real estate to which the emergency service call is made as of the date of such delinquency 
and shall automatically be extended upon the current or next tax roll as a delinquent tax against the property under 
Sec. 66.0703 Stats. All proceedings in relation to the collection, return and sale of property for delinquent real 
estate taxes shall apply to such delinquent emergency service call charge. 

6.D. 	Other Remedies. The Town shall have any and all other remedies afforded by the Wisconsin Statutes in addition 
to the forfeitures and costs of prosecution, collection and reasonable attorneys' fees. 

SECTION 7 - PENALTIES 

	7.A 	Any property owner in the Town of Frankfort who shall violate any provision of this Ordinance shall, upon 
conviction thereof, forfeit not less than One Hundred ($100.00) nor more than Three Hundred Dollars ($300.00), 
together with the cost of prosecution including reasonable attorneys' fees and, in default of payment of such 
forfeiture and cost of prosecution including reasonable attorneys' fees shall be added to the property tax, with an 
interest rate, with interest, at the current interest rate charged for delinquent property taxes. 

	7.B 	Non-resident, non property owners of the Town of Frankfort who shall violate any provision of this Ordinance 
shall be issued a Town of Frankfort citation and subject to the provisions of the Chapter 1.6 of Town of Frankfort 
Code of Ordinances - Penalties. 

SECTION 8 - SEVERABILITY 

Each of the provisions of the ordinance is severable and if any provision is held invalid for any reason, the remaining 
provisions shall not be affected but shall remain in full force and effect. 

SECTION 9 - EFFECTIVE DATE 
This Ordinance is effective on publication. The town clerk shall properly post or publish this ordinance as required under 
s. 60.80, Wis. stats. 

Adopted this 10th-day of November, 2009 

Effective Date:  November 19, 2009 

Attest: ~Maureen Manore 
Maureen Manore Town Clerk