AN ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR THE OPERATION OF RURAL FIRE PROTECTION SERVICES TO PROPERTY OWNERS AND RESIDENTS OUTSIDE THE CITY LIMITS OF RICH HILL, MISSOURI
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF CITY OF RICH HILL, MISSOURI AS FOLLOWS:
SECTION 1 – Purpose
The purpose of this Ordinance is to provide rural fire protection services to certain property owners and residents outside the corporate limits of the City of Rich Hill.
SECTION 2 – Definitions
Commercial building – Any building used for commercial use and/or business activities that is not considered or used as a dwelling
Dwelling – A structure or a discrete space within a structure intended for people to live in or where a person or group of people live
- A structure that people actually live in is a dwelling regardless of its intended purpose
- A vacant structure is only a dwelling if intended for human residence
- A dwelling may include one or more rooms used as an office or workshop provided the dwelling is in residential use
Habitable – A residence that is safe and can be occupied in reasonable comfort. The premises should be closed against the weather, provide running water, access to decent toilets and bathing facilities, heating and electricity
Improvements – Enhancements to a tract of land such as driveways, fencing, parking spaces, pavement, walls and outbuildings (does not include a habitable dwelling)
Membership Dues – Dues that are set by the City to provide fire protection services in lieu of assessing a charge for fire protection services actually performed
Member – Any resident that has paid membership dues as set forth in this Ordinance
Non-member – Any resident that has not paid membership dues as set forth in this Ordinance
Property Owner – Any person owning and/or renting property within the unincorporated district/boundaries of the Rich Hill Fire Department
Tract – A large area of land that runs continuously without being divided by a road or river
SECTION 3 – City to furnish equipment and personnel
The City shall furnish fire-fighting equipment and personnel from the Rich Hill Fire Department to property owners and residents of Bates County whose property has current boundaries on file with the County Commission.
SECTION 4 – Membership Fees
The City shall sell memberships to persons residing or owning real property whose property has current boundaries on file with the County Commission and whose residence or property is easily accessible by a road. In the event the City determines the property to not easily accessible by a road, the City reserves the right to terminate the membership, and the membership fee shall be refunded.
SECTION 5 – Availability
Rural fire protection services shall be available only for real property that has current boundaries on file with the County Commission and for which the owner or resident has purchased a current membership from the City. The City, at its discretion may dispatch fire-fighting equipment and personnel from the City Fire Department to fires outside the city limits involving churches, schools, buildings for community services group meetings or for a life-threatening fire even if memberships for such locations have not been purchased.
SECTION 6 – Fees for membership
a. Commercial building $110.00
b. Each habitable dwelling $ 80.00
c. A tract of land with improvements $ 50.00
other than a dwelling
d. A tract without improvements when the $ 40.00
member has a current membership under
subsection (a), (b), or (c).
e. A track without improvements when the $ 50.00
member does not have a current membership
under subsection (a), (b), or (c).
Fees are for each commercial building, each dwelling and/or each tract of land for which there is to be rural fire protection services.
SECTION 7 – Terms, late fees
a. The membership fee provides fire protection services as provided for a period beginning September 1 and terminating August 31 of the following year.
b. Membership fees shall be payable on or before the 1st day of September in each year.
c. After September 1, the City Clerk shall assess a penalty for late payment equal to 1 ½ percent of the total fee for each month or part of month thereafter.
SECTION 8 – Prorating services
a. Notwithstanding the preceding Section, membership fees shall be prorated if purchase of a new membership occurs after September 30th in any year.
b. Membership fees shall be 1/12 of regular fee for each full month remaining until September 1, and membership will begin on the first day of the month following payment.
SECTION 9 – Liability of non-member
a. Whenever the fire department or personnel of the City Fire Department are dispatched to respond to any fire, chemical spill or motor vehicle accident or upon the real property of a non-member, the non-member shall be liable for the cost of the response.
b. Such fee shall be paid by the non-member to the City at the rate of $250.00 per hour or part of an hour from the time the Fire Department is called to the scene until the Fire Department leaves the scene.
c. In the event the non-member is insured by any policy or contract of insurance that might provide coverage for such event, the City shall submit a statement for its services to the insurance company of the non-member.
SECTION 10 – Request for fire service
The Fire Chief or his authorized representative shall have the discretion to determine the type and amount of fire equipment and personnel necessary to respond to the request.
SECTION 11 – Dispatch to a rural fire
a. Fire-fighting equipment and personnel dispatched shall be dispatched outside the City limits only when the equipment and personnel are not needed within the City.
b. In the event the equipment and personnel are needed within the City while the equipment and personnel are on a rural fire call, the Fire Chief or his authorized representative, at his discretion, may immediately recall the equipment and personnel to the City.
SECTION 12 – Transferability
The membership shall be transferable only to a subsequent purchaser of the real property for which the membership was purchased.
SECTION 13 – Right of refusal
The City shall have the right to refuse or reject any application for membership or deny the renewal of any membership.
Any ordinance or parts of ordinances in conflict with this ordinance are hereby repealed.
This ordinance shall be in force and affect from and after its passage and approval as provided by law.[i]
1ST READING ON THIS THE 11TH DAY OF APRIL 2017
2ND READING ON THIS THE 11TH DAY OF APRIL 2017
THIS ORDINANCE WAS READ TWO TIMES AND PASSED THIS 11TH DAY OF APRIL 2017.
Jennifer Perkey-Ewing, Mayor
Brittany Schenker, City Clerk
Ayes: Humble, Pilcher, Rich, Robb
[i] For informational purposes, this Ordinance repeals and replaces the following: Ordinance No. 1504, enacted June 9, 2015.