For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ASSESSABLE COSTS FOR AN EMERGENCY RESPONSE. All costs, charges, and fees incurred by the Clayton Township Police Department and/or the Swartz Creek Area Fire Department or by a third
party acting on behalf of or at the request or direction of either the Police Department or Fire Department in connection with a Police Department or Fire Department response to an enumerated incident and shall include, but is not limited to the following:
(1) Labor costs of all employees of the Police Department and/or the Fire Department and any third party operating on behalf of or at the request or direction of Clayton Township, the Police Department, or the Fire Department to respond to, investigate, and prepare reports concerning the incident including, without limitation, employee wages, fringe benefits, and all reasonably related costs;
(2) Administrative overhead costs;
(3) Cost of vehicles;
(4) Cost of fire fighting and containment materials used at the scene of the incident;
(5) Cost of equipment;
(6) Cost of equipment operation;
(7) Cost of materials;
(8) Cost of transportation;
(9) Cost of material disposal;
(10) Cost of any disposal supplies and materials used during the incident;
(11) Cost of the rental or leasing of any special equipment;
(12) Replacement cost of any township supplies and equipment damaged, lost, or destroyed as a result of the incident;
(13) Reimbursement for any special consulting and technical service;
(14) Laboratory costs;
(15) Any cost associated with the preparation for or actual evaluation of the area surrounding the incident;
(16) Cost of contracted labor;
(17) Cost of all attorney and legal fees; and
(18) Cost of collection of all associated costs and fees as assessed pursuant to this chapter.
AVIATION ACCIDENT/FIRE. A burning air craft, air craft contents, or any incident requiring emergency services from the Clayton Township Police Department or the Swartz Creek Area Fire Department.
AVIATION COMPANY. Any person, partnership, association, or corporation, their respective lessees, trustees, or receivers, appointed by a court, or other legal entity operating in this state either as a common carrier for hire or for private use as a carrier of persons of property upon air craft.
BUILDING. As any structure used or intended for supporting or sheltering any use or occupancy.
CHARTER TOWNSHIP OF CLAYTON RESIDENT. An individual, business, or corporation that is a resident of the Charter Township of Clayton and subject to the Swartz Creek Area Fire Department millage and the Clayton Township Police millage on the date emergency services are provided.
CITY OF SWARTZ CREEK RESIDENT. An individual, business, or corporation that is a resident of the City of Swartz Creek and located in the Swartz Creek Area Fire District on the date that emergency services are provided.
EMERGENCY RESPONSE. Utilizing the services and equipment of the Police Department and/or the Fire Department or that of any other municipality, corporation, or individual operating at the request or direction of Clayton Township, the Police Department, or the Fire Department for an incident which threatens the public health, safety, welfare, or property located within the Township and shall include but is not limited to:
(1) Fire incident, traffic, or vehicular accident, vehicle extrication, medical response, lift assist or hazardous condition, vehicle fire, grass fire, rubbish fire, house fire, commercial property fire, industrial property fire, manufacturing property fire, multiple-family building fire, hotel or motel fire, aircraft fire, train fire, truck fire, forest fire, emergency rescue service, resuscitator service, swimming pool service, downed power line or other non-HAZMAT public utility hazard response or any hazardous materials incident;
(2) Response to any premises within the Township required by the Police and/or Fire Department by unauthorized open burning incidents or by violation of the township’s burning ordinance, as it may be amended;
(3) Release or threatened release of hazardous or toxic materials;
(4) Downed overhead power, electrical, transmission, telephone, or cable lines owned by non-governmental entities;
(5) An individual responsible for any intentional false alarm causing a response by the Clayton Township Police Department or the Swartz Creek Area Fire Department; and
FEE SCHEDULE. A schedule of fees hereby incorporated by reference as set forth by resolution of the Clayton Township Board of Trustees. The fee schedule may be amended at any time by resolution of the Clayton Township Board of Trustees.
FIRE DEPARTMENT. The Swartz Creek Area Fire Department and its acting Chief, officers, and employees.
HAZARDOUS CONDITION. An occurrence resulting in a risk to the physical welfare of persons in the immediate area of the situation requiring a Police Department or Fire Department response.
HAZARDOUS MATERIAL. Any material that poses an unreasonable risk to the property and/or to the health and safety of the public, environment, or emergency personnel, if not properly controlled during handling, storage, manufacture, processing, packaging, use, disposal, or transportation and shall include but not be limited to:
(1) Explosives;
(2) Pyrotechnics;
(3) Flammable gas;
(4) Flammable compressed gas;
(5) Nonflammable compressed gas;
(6) Flammable liquid;
(7) Combustible liquid;
(8) Oxidizing material;
(9) Poisonous gases;
(10) Poisonous liquid;
(11) Poisonous solid;
(12) Irritating material;
(13) Etiological material;
(14) Radioactive material;
(15) Corrosive material; and
(16) Liquefied petroleum gas.
OWNER. The record titleholder, or their purchaser by contract, or a person or corporation having vested or contingent interest in the premises, container, building, or vehicle in question.
PERSON. A natural person, corporation, utility, railroad, partnership, or any other entity with legal capacity.
POLICE DEPARTMENT. The Charter Township of Clayton Police Department and its acting Chief, officers, and employees.
PREMISES. Any lot or parcel of land, exclusive of building within the Township.
RAILROAD. As any person, partnership, association, or corporation, their respective lessees, trustees, or receivers, appointed by a court, or other legal entity operating in this state either as a common carrier for hire or for private use as a carrier of persons of property upon cars operated upon stationary rails and include any person, partnership, association, corporation, trustee, or receiver appointed by a court or any other legal entity owning railroad tracks.
RAILROAD FIRE/ACCIDENT. A burning rail car contents, or burning vegetation (e.g., grass, brush) adjacent to the railroad rails, tracks, or roadbed originating from railroad/trains passing over the rails, track or roadbed after the Fire and/or Police Department is dispatched and arrives on scene or any other incident requiring emergency services from the Clayton Township Police Department or the Swartz Creek Area Fire Department.
RELEASE. Any actual or threatened leaking, spilling, pumping, pouring, emitting, emptying, discharging, injecting, leaching, dumping, or disposing into the environment (including air, soil, ground water, and surface water).
RESIDENT. Any person having legal residency within the Charter Township of Clayton. Residency may be established by voter registration or similar public record maintained by Clayton Township or by the County of Genesee, State of Michigan or any agency or department of the United States Federal Government. RESIDENT shall include any individual, firm, partnership, or corporation owning real property within the Charter Township of Clayton.
RESPONSIBLE PARTY. Any person who receives Fire or Police Department response services who does not pay property taxes to the Charter Township of Clayton or who is not a resident and is not specifically exempted under the provisions of § 95.05. When a particular service rendered by or through the Fire or Police Department directly benefits more than 1 person, the owner of each property benefited and each person benefited (if property protection is not involved), shall also be responsible jointly and severally for assessable costs billed to the recipient of the service. Parents or guardians shall be responsible for payment of assessable costs incurred by minors.
TAXPAYER. Any person, business, corporation, or other entity that pays property taxes to the Charter Township of Clayton directly or through a mortgage escrow or similar arrangement.
TOWNSHIP. The Charter Township of Clayton, Genesee County, Michigan, and its acting Supervisor, officers, and employees.
UTILITY. All persons, firms, corporations, partnerships, organizations, municipal, or other public authority that provides gas, electric, water, steam, sewer, energy, telecommunications, cable television, or other service of a similar nature.
UTILITY LINE FAILURE. A downed power line, gas pipeline breaks (including ruptures and punctures), the disabling of any transmission or service line, cable, conduit, pipeline, wire or the like used to provide, collect or transport electricity, natural gas, propane, communication, or electronic signals, water, or sanitary or storm sewage, or other mishaps occurring in connection with the activities of utilities or their suppliers after the Fire or Police Department is dispatched and arrives on scene.
(Ord. 442, passed 3-21-2013)