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## TOWN OF PINCHER CREEK
## BYLAW NO. 2010-08
A Bylaw of the Town of Pincher Creek in the Province of Alberta, to impose fees and harges for services and activities provided by the Pincher Creek Emergency Services Department of the Town of Pincher Creek
WHEREAS the Municipal Government Act, being Chapter M-26 Revised Statutes of Alberta 2000, and as amended from time to time, provides that a Council of a municipality may pass bylaws for services provided by or on behalf of the municipality,
AND WHEREAS the Municipal Government Act R.S.A. 2000 Chapter M-26, and as amended from time to time, provides that a municipality may, pursuant to a bylaw, collect the costs and expenses incurred by the municipality for fire suppression services;
AND WHEREAS the Forest and Prairie Protection Act R.S.A. 2000, c. F-19, and as amended from time to time, provides that the Town of Pincher is responsible for fighting and controlling all fires within the boundaries of the Town of Pincher Creek.
AND WHEREAS the Council for the Town of Pincher Creek has entered into an Emergency Services Agreement with the Municipal District of Pincher Creek #9.
NOW THEREFORE the Council of the Town of Pincher Creek duly assembled ENACTS AS FOLLOWS:
- 1.0 This Bylaw may be cited as "Fire Services Billing Bylaw 2010-08".
## 2.0 Definitions
In this bylaw:
- a. "Council" means the Town of Pincher Creek Council.
- b. "Equipment" means any tools, contrivances, devices and materials used by the Pincher Creek Emergency Services Department, to combat an incident or other emergency.
- c. "Fire" means the burning of any flammable or combustible material or any combustible material in a state of combustion.
- d. "Fire Protection Charges" means those fees and charges, as established by Council from time to time, for Fire Protection Services as set out in Schedule "A" attached to this bylaw.
- e. "Incident" means a fire or a situation where a fire or an explosion is imminent or any other situation where there is a fire, a danger or a possible danger to life or property.
- f. "Pincher Creek Emergency Services Department " (PCES Department) means the Pincher Creek Emergency Services Department established by the Emergency Services Agreement between the Town of Pincher Creek and the Municipal District of Pincher Creek No. 9 for the purpose of providing fire and emergency services in the MD and the Town of Pincher Creek.
- g. "Property" means any real or personal property, including land, equipment, products, vehicles and structures.
4. "Town" means the Town of Pincher Creek"
## 3.0 Fire Protection Charges
- a. The PCES Department may advise the appropriate municipality to charge Fire Protection Charges in accordance with Schedule "A", as amended from time to time by Council.
- b. Where the PCES Department has taken any action whatsoever for the purpose of extinguishing a fire or responding to an incident within the Town, the Town shall, in respect of the costs incurred by the Town in taking such action, including the cost of securing a building, structure or thing, or securing privately owned equipment necessary to bring the fire or incident under control, and charge those costs to:
- (1) The person causing or contributing to the fire; or
- (2) The owner or occupant of the property which is the subject for the requirement of fire protection services.
All individuals charged are jointly and severally responsible for payment of the fire protection charges to the Town
- c. The PCES Department shall forward all information to the Town necessary to bill the appropriate person or persons.
- d. A fire protection charge shall be paid within thirty (30) days of being levied.
- e. The owner of a parcel to which fire protection is provided is liable for fire protection charges incurred.
- f. Collection of unpaid fire protection charges may be undertaken by civil action in a court of competent jurisdiction, and any civil action does not invalidate any lien
which the Town is entitled to place on the property in respect of which the indebtedness is incurred.
- g. Where the fire protection charges are not paid upon demand by the Town, fire protection charges relating to the extinguishing of fire on the land and interest charges accrued may be added to the tax roll of the land.
- h. All owners of the real property to whose tax roll the fees for service or charges or any or all of them were added pursuant to section 3(i) shall be liable jointly and severally for paying such fee and charges, and such fee and charges shall be collected in a like manner as municipal taxes.
## 4.0 General
- Should any section or part of this bylaw be found to be improperly enacted, or outside the Town's jurisdiction, for any reason, then such section or part will be regarded as being severed and the remaining sections will remain effective and enforceable.
- b. This bylaw will function in conjunction with the Quality Management Plan, Standard Operating Procedures, and the Town's Occupational Health and Safety program.
- 5.0 This bylaw shall come into force and effect on January 1st , 2011.
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READ a first time this
READ a second time this
READ a third time and finally passed this
23 day of August, 2010
13 day of September, 2010
27 day of September, 2010
DEPUTY MAYOR
Lack
CHIEF ADMINISTRATIVE OFFICER
## Charge-out Fees
For each unit used on an incident (engine, tender, rescue unit) plus manpower
$400.00 per hour
Schedule "A"
to
Bylaw No. 1201-10