For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ACCIDENT: An unforeseen or unexpected happening or occurrence which of itself causes great harm or damage, or which creates the potential for great harm or damage to individuals and/or property, and which requires immediate and prudent securing and monitoring by the city, and/or agents of the city, to reduce the potential for such damages, but not including emergency incidents.
EMERGENCY INCIDENT: A vehicle fire, an illegal fire, extrication from vehicles involved in accidents and accident related clean up.
EMERGENCY RESPONSE: The providing, sending and/or utilization of public works, police, fire and/or rescue services by the city at an emergency incident or at an incident involving release of a dangerous or hazardous substance or material, or an accident requiring immediate and prudent securing and monitoring by the city and/or agents of the city.
EXPENSE OF AN EMERGENCY RESPONSE:
A. The expense for an accident or emergency incident shall be according to a fee schedule adopted from time to time by resolution by the city council. The fee structure enacted in resolution 13-2006 of the Chubbuck city council is reaffirmed.
B. For all other emergency responses or any accident or emergency incident not contemplated by the fee schedule, the expense shall be the direct costs incurred by the city in making an appropriate emergency response to an accident or incident, including the costs of providing police, firefighting and rescue services, public works and/or other city personnel or the services of other agents of the city, at the scene of an incident or accident. Related administrative costs, which for agents of the city shall be fifteen percent (15%) of the actual charge to the city, accruing after the occurrence of such incident or accident are also included. Such costs and expenses shall include the salaries or wages, workers' compensation benefits and fringe benefits of the personnel responding to the incident or accident and the costs of equipment and materials used.
HAZARDOUS SUBSTANCES OR MATERIALS: Any substance (including, liquids, gases or vapors) which if spilled, leaked or otherwise released from its container, is dangerous or harmful to the environment or human or animal life, health or safety or otherwise constitutes a danger, threat or nuisance to the public health, safety or welfare. Hazardous materials shall include, but not be limited to, such substances as chemicals and gases, explosives, radioactive materials, petroleum or petroleum based products, poisons, biologic agents, flammable, combustibles, hazardous wastes or corrosives, those substances defined in Idaho Code section 39-7103(4), engine oil, gasoline, antifreeze and other lubricants used in motor vehicles. The fire chief or chief's designee shall have reasonable discretion to determine whether any particular substance constitutes a hazardous material.
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, a fire set in violation of a "no burning" ban or order and/or a fire set without required permit.
RESPONSIBLE PARTY: Any individual, firm, corporation, association, partnership, commercial entity, consortium, joint venture, government entity or any other legal entity responsible for an emergency incident or any owner, tenant, occupant or party in control of real and/or personal property from which, unto which or related to which there is a public safety or fire emergency incident and their heirs, estates, successors and assigns. (Ord. 690, 2010)