For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ASSESSABLE COSTS.
(1) Those costs for services, equipment and materials incurred by the city in connection with a response to a fire emergency or public safety incident or public utility interruption, including, but not limited to, the actual labor and material costs of the city (including, without limitation, employee wages, fringe benefits, administrative overhead, costs of equipment, costs of equipment operation, costs of materials, costs of transportation, equipment, costs of material disposal and costs of contracted labor) whether or not the services are provided by the city or a third party on behalf of the city; service charges and interest; attorneys’ fees, litigation costs and any costs, charges, fines or penalties to the city imposed by any court or state or federal governmental entitles.
(2) The direct and reasonable costs incurred by the city or by a private individual or corporation operating at the request or the direction of the city in the course of emergency response to an incident, including the costs of providing police, firefighting, emergency medical and/or rescue services at the scene of the incident. These costs also include all the salaries and wages of city personnel responding to the incident, all salaries and wages of city personnel engaged in investigation, supervision and report preparation, all costs connected with the administration and preparation of all chemical tests of the driver’s blood, breath and/or urine and all costs related to any prosecution of the person(s) causing the incident.
BOMB THREATS. The verbal or written threat of a bomb or other explosive device which, if discharged as threatened, would violate a federal, state or local, law.
EMERGENCY ASSISTANCE. Any emergency medical, public safety, police, fire, public utility and civil defense services.
FALSE ALARM. Any automated or manual device designed to request or summon emergency assistance which device is activated intentionally or otherwise, in the absence of an actual need for emergency assistance. The determination that there was no actual need for emergency assistance shall be based on a report to the Mayor by the most senior person responding to a false alarm, and the determination by the Mayor subject to an appeal as provided in § 93.04 hereof. Provided, however, a false alarm shall not be deemed to have occurred if:
(1) Caused by an act of God, i.e. a lightning storm;
(2) It originates from a motor vehicle alarm system; or
(3) Has not occurred more frequently than 3 times in a calendar month or 4 times in a calendar year.
HAZARDOUS MATERIALS. Those elements, substances, wastes or by-products, including, but not limited to, combustible liquid, flammable gas, explosives, flammables, poisons, organic peroxides, oxidizers, pyrophorics, unstable reactive matter, water reactive matter, petroleum products, antifreeze, polychlorinated biphenyls and asbestos, which are or are potentially harmful to persons or the environment as determined by the Fire Chief or the senior fire official of the city in charge at the scene.
ILLEGAL FIRE. A fire set or determined to have been set in violation of a federal, state or local law and shall include an arson fire and a fire set in violation of a “no burning” ban or order or burning without a permit as required. An ILLEGAL FIRE does not include an unintentional fire or fire caused by an act of God, i.e. a lightning storm.
MOTOR VEHICLE. Any self-propelled or towed vehicle designed or used on the public streets, roads and highway to transport passengers or property which is required to be registered for use upon
such public streets and highways and for the purposes hereof all trailers or appurtenances attached to any motor vehicle.
PUBLIC SAFETY OR FIRE EMERGENCY INCIDENT.
(1) Excessive requests for emergency assistance;
(2) A false alarm;
(3) A hazardous material incident or emergency;
(4) An illegal fire;
(5) Bomb threats;
(6) Threats of harm to oneself or others;
(7) A structure demolition and/or fire;
(8) A utility line failure; and
(9) PUBLIC SAFETY shall be further defined to include:
(a) The providing, sending and/or utilizing of police, firefighting, emergency medical and/or rescue services by the city, or by a private individual or corporation operating at the request or the direction of the city, to an incident resulting in an accident involving 1 or more motor vehicles operated by 1 or more drivers who were impaired by or under the influence of an alcoholic and/or controlled substance; or
(b) The providing, sending and/or utilizing of police, firefighting, emergency medical and/or rescue services by the city, or by a private individual or corporation operating at the request or the direction of the city, to an incident resulting in a traffic stop and arrest by a police officer of a driver who was operating a motor vehicle while impaired by or under the influence of an alcoholic beverage and/or a controlled substance.
(10) The providing, sending and/or utilizing of public service, police, fire fighting or rescue services, including resuscitator service, to the scene of a fire, accident involving a motor vehicle, scene of a release of a hazardous substance, or scene of other emergency situation.
RELEASE. Any actual or threatened spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, leaching, dumping or disposing into the environment, including, but not limited to, the air, soil, groundwater and surface water.
RESPONSIBLE PARTY.
(1) Any individual, firm, corporation, association, partnership, commercial entity, consortium, joint venture, government entity or any other legal entity responsible for a public safety or fire emergency incident or any owner, tenant, occupant or party in control of real and personal property from which, on to which or related to which there is a public safety or fire emergency incident.
(2) The owner, lessor and/or operator of a fixed facility to which there is an emergency response shall be presumed liable for the costs thereof.
(3) The owner, lessee and/or operator of any motor vehicle which operation causes or results in an emergency response, shall be responsible and liable for the expenses of the response.
STRUCTURE DEMOLITION. The tearing down of a structure damaged by fire which must in the opinion of the Fire Chief or his or her designee be promptly demolished following the fire to protect public safety.
THREATS OF HARM TO ONESELF OR OTHERS. The verbal, or written threat of physical harm to oneself or another or another’s property which if carried out would be a violation of federal, state or local law.
UTILITY LINE FAILURE. The disabling of any transmission or service line, cable, conduit, pipeline, wire or the like used to provide, collect or transport electricity, natural gas, communication or electronic signals (including, but not limited to, telephone, computer, cable television and stereo signals or electronic impulses), water or sanitary or storm sewage.