For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ASSESSABLE COSTS. Those costs for services incurred by the city in connection with a response to a public safety or fire emergency incident, 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, costs of material disposal and costs of contracted labor) whether or not the services are provided by the city or by a third party on behalf of the city; service charges and interest; attorney fees, litigation costs and any costs, charges, fines or penalties to the city imposed by any court or state or federal governmental entities.
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. Emergency medical, public safety, police, fire, and civil defense services.
EXCESSIVE REQUESTS FOR EMERGENCY ASSISTANCE. Any request for emergency assistance made to a particular location or premises if such location or premises has requested emergency assistance more than five times in the preceding 30 days.
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 made by the most senior person responding to a false alarm. Provided, however, a false alarm shall not be deemed to have occurred if:
(1) Caused by an act of God, e.g., a lightning storm;
(2) It originates from a motor vehicle alarm system; or
(3) Has not occurred more frequently than three times in a calendar month or four 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, anti-freeze, polychlorinated biphenyls and asbestos, which are or are potentially harmful to the environment or human or animal life, or which pose an unreasonable or imminent risk to life, health or safety of persons or property, or to the ecological balance of the environment as determined by the Director of Public Safety or the senior fire official of the city in charge at the scene.
HAZARDOUS MATERIAL INCIDENT OR EMERGENCY. Any occurrence, incident, activity, accident or emergency where a release of hazardous materials occurs or is reasonably imminent and where the Director of Public Safety or his or her designee has so declared such activity, accident or emergency a hazardous material incident or emergency.
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. An illegal fire does not include an unintentional fire or fire caused by an act of God, e.g., a lightning storm.
MOTOR VEHICLE. Any self-propelled or towed vehicle designed or used on the public streets, roads and highways to transport passengers or property which is required to be registered for use upon such public streets, roads 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;
(8) A utility line failure; or
(9) Damage to property, real or personal.
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. Any individual, firm, corporation, association, partnership, commercial entity, consortium, joint venture, government entity, or any other legal entity and their heirs, estates, successors, and assigns, 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, onto which or related to which there is a public safety or fire emergency incident.
STRUCTURE DEMOLITION. The tearing down of a structure damaged by fire which must, in the opinion of the Director of Public Safety 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 if the owner or party responsible for the maintenance of such utility line does not respond within one hour to a request to repair or correct such failure or negligent or intentional damage to utilities mentioned above.
(Ord. passed 9-12-00)