HomeMy WebLinkAboutItem 2 - Ordinance on Fire and EMS Response Fees to Out-of-Area Users
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Public Hearing: An Ordinance Concerning Fire and EMS Response Fees to
Out-Of-Area Users and Adding Section 2.610 to the Eugene Code, 1971
Meeting Date: September 19, 2011 Agenda Item Number: 2
Department: Fire & EMS Department Staff Contact: Randall B. Groves, Chief
www.eugene-or.gov Contact Telephone Number: 541-682-7115
ISSUE STATEMENT
The Fire and EMS Department is requesting to add section 2.610 to the Eugene Code, 1971,
concerning fire and emergency medical services (EMS) first response fees for out-of-area users.
BACKGROUND
Since the department was formed in 1872, the citizens of Eugene City, later renamed the City of
Eugene, have enjoyed the services of the Fire Department which is supported primarily by
General Fund dollars. The service was delivered by volunteer firefighters until the early 1920s
when a full-time paid firefighting force was employed. Since then, the department has been
considered a core service of the City and responds to calls for service within its response area
regardless of a person’s residency status or ability to pay.
As the City struggles to reduce its costs while looking for additional fair, stable and equitable
revenues, the Fire Department is requesting the adoption of this ordinance to provide a
mechanism for billing non-residents who utilize emergency response from General Fund
supported Fire and EMS resources. This move is consistent with what a number of other
jurisdictions have imposed within the area, across the state and country. Based on previous calls
for service by out-of-area residents, it is estimated this new fee will bring in an additional
$12,600 in annual revenues.
This proposal does not adversely affect anyone living within the cities of Eugene and
Springfield, or one of the current fire protection contract districts served by either city, or a
member of either city’s FireMed program, or a member of a reciprocating agencies FireMed
program.
RELATED CITY POLICIES
Current Eugene City Code states:
2.604 Fire and Ambulance Services.
(1) The city shall provide fire suppression and fire prevention and may provide
ambulance services. The scope of these services inside and outside the city limits
S:\CMO\2011 Council Agendas\M110919\09-19-11- Item 2 - Ordinance of Fire and EMS Response Fees.doc
are to be established annually by the adopted budget of the city and organized as
directed by the city manager.
(2) Employees in position classifications determined by the city manager shall have
authority to act as a city police officer for purposes of fire suppression and fire
prevention.
There is currently code to support ambulance service fees:
2.608 Ambulance Services - Fees.
(1) The city manager may set all rates and fees for any ambulance service operated by
the city. Except in an emergency when such rates and fees may be immediately
imposed, all rates and fees shall be established only after public notice, hearing
and findings that the proposed adjustments are:
(a) in the public interest,
(b) except as approved by the council, insure the ambulance service will not draw
on the general tax revenues of the city, and
(c) will insure those who receive the service pay in proportion to the cost of the
service provided.
(2) The decision of the city manager to establish rates and fees in subsection (1)
above shall be final unless an aggrieved person appeals the decision to the
council. The appeal shall be in writing and filed with the council within 30 days
of the city manager's decision. Except in an emergency, the appeal suspends
implementation of the city manager's decision until the council hears the appeal.
The council shall hear the appeal promptly and affirm, modify or repeal the
decision of the city manager.
(3) The city manager or the manager’s designate shall pursue collection of fees and
charges established under subsections (1) and (2) by all lawful remedies available
to the city to recover costs for services rendered plus collection costs, including
attorney fees.
In order to sustain the firefighting portion of the department, it is requested that an ordinance be
established to allow for out-of-area users of Fire Department services be charged a first response
fee. The new ordinance would read:
2.610 Fire and EMS Response Fees.
(1) Applicability. Subject to the provisions of this section, the city may impose fire
and EMS response fees when fire or EMS personnel respond to incidents
involving out-of-area persons who are not members of FireMed or a reciprocating
FireMed program. As used in this section, “out-of-area person” means persons
residing outside of the Cities of Eugene and Springfield’s fire first response area.
(2) Vehicular Accidents. When fire or EMS personnel respond to an incident
involving a vehicular accident, a response fee not to exceed $450.00 may be
charged to any out-of-area person.
(3) Adoption of Fees. The response fees shall be established by the city manager
pursuant to section 2.020 of this code as provided in subsections (2) and (3) of
this section.
(4) Collection. A statement for payment of the response fee shall be sent to the out-
of-area person(s) involved in the incident. The amount shall constitute a debt due
to the city from the recipient, may be collected in any manner authorized by law,
S:\CMO\2011 Council Agendas\M110919\09-19-11- Item 2 - Ordinance of Fire and EMS Response Fees.doc
and is recoverable in a civil action brought in the name of the city in a court of
competent jurisdiction for recovery of the amount plus reasonable attorney fees.
(5) Appeal. A person who is issued a statement under subsection (4) of this section
and believes that the statement, or the amount of the response fee in the statement,
is not authorized by this code, may appeal in the manner provided by section
2.021 of this code. The appeal shall be heard and determined by a hearings
officer in the manner set forth in section 2.021 of this code.
COUNCIL OPTIONS
Action on the ordinance is scheduled for September 26. 2011. At that time, the council will have
the option to:
1. Adopt the ordinance.
2. Provide other direction.
CITY MANAGER’S RECOMMENDATION
The City Manager and the Fire Chief recommend adoption of the proposed ordinance.
SUGGESTED MOTION
This is a public hearing only; no motion is suggested.
ATTACHMENTS
A. Proposed Ordinance
FOR MORE INFORMATION
Staff Contact: Randall B. Groves, Fire Chief
Telephone: 541-682-7115
Staff E-Mail: randy.b.groves@ci.eugene.or.us
S:\CMO\2011 Council Agendas\M110919\09-19-11- Item 2 - Ordinance of Fire and EMS Response Fees.doc
ATTACHMENT A
ORDINANCE NO. _______
AN ORDINANCE CONCERNING FIRE AND EMS RESPONSE FEES TO
OUT-OF-AREA USERS AND ADDING SECTION 2.610 TO THE
EUGENE CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Section 2.610 is added to the Eugene Code, 1971, to provide:
2.610 Fire and EMS Response Fees.
(1)
Applicability. Subject to the provisions of this section, the city may impose
fire and EMS response fees when fire or EMS personnel respond to incidents
involving out-of-area persons who are not members of FireMed or a
reciprocating FireMed program. As used in this section, “out-of-area person”
means persons residing outside of the Cities of Eugene and Springfield’s fire
first response area.
(2)
Vehicular Accidents. When fire or EMS personnel respond to an incident
involving a vehicular accident, a response fee not to exceed $450.00 may be
charged to any out-of-area person.
(3)
Adoption of Fees. The response fees shall be established by the city manager
pursuant to section 2.020 of this code as provided in subsection (2) of this
section.
(4)
Collection. A statement for payment of the response fee shall be sent to the
out-of-area person(s) involved in the incident. The amount shall constitute a
debt due to the city from the recipient, may be collected in any manner
authorized by law, and is recoverable in a civil action brought in the name of
the city in a court of competent jurisdiction for recovery of the amount plus
reasonable attorney fees.
(5)
Appeal. A person who is issued a statement under subsection (4) of this
section and believes that the statement, or the amount of the response fee in the
statement, is not authorized by this code, may appeal in the manner provided
by section 2.021 of this code. The appeal shall be heard and determined by a
hearings officer in the manner set forth in section 2.021 of this code.
Section 2.
The City Recorder, at the request of, or with the concurrence of the City
Attorney, is authorized to administratively correct any reference errors contained herein or in
other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein.
Ordinance - Page 1 of 2
Passed by the City Council this Approved by the Mayor this
____ day of September, 2011 ____ day of September, 2011
___________________________________ __________________________________
City Recorder Mayor
Ordinance - Page 2 of 2