Ord 2013-045/Authorizing the assessment and collection of fees for certain services provided by SMFD at vehicle fires, vehicle collisions, hazardous waste spills and rescue incidents

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ORDINANCE NO. 2013 -45 AN ORDINANCE AUTHORIZING THE ASSESSMENT AND COLLECTION OF FEES FOR CERTAIN SERVICES PROVIDED BY THE SAN MARCOS FIRE DEPARTMENT AT VEHICLE FIRES, VEHICLE COLLISIONS, HAZARDOUS WASTE SPILLS AND RESCUE INCIDENTS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS: Section 1. The City of San Marcos is authorized to assess and collect fees for services, equipment, and materials rendered, used, or expended by the San Marcos Fire Department in connection with the following events or incidents: 1. Vehicle fires 2. Vehicle collisions 3. Extrications as a result of a vehicle collision or machinery malfunction 4. Hazardous material spills or releases, and 5. Rescues or rescue attempts at low water crossings. 6. Structure fires a. Residential fires- no direct bill to homeowner b. Commercial fires — no direct bill to business owner 7. Private Ambulance Service Assistance Section 2. The authorized fees are set forth in Exhibit "A" to this ordinance and incorporated herein by reference. Section 3. No fees shall be directly assessed against residents of the City of San Marcos in connection with vehicle collisions, or vehicle fires, except in those instances in which a resident has been convicted of an offense that constitutes at least a Class B misdemeanor that caused or resulted in the collision or fire. Section 4. The terms and provisions of this ordinance shall be deemed to be severable. If any portion of this ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this ordinance. Section 5. This ordinance shall become effective from and after the date of adoption. PASSED AND APPROVED on first reading on August 20, 2013 PASSED, APPROVED AND ADOPTED on second reading on September 3, 2013.