§ 95.05 EXEMPTIONS FROM LIABILITY.

   The following shall be exempt from the collection of emergency response charges by the Clayton Township Police Department and/or the Swartz Creek Area Fire Department:

   (A)   False alarms not exceeding 3 false alarms in any one-year period and any exemption as set forth and defined in § 91.16 of the Charter Township of Clayton Code of Ordinances. False alarms shall be governed in accordance with §§ 91.15 through 91.18 of the Clayton Township Codified Ordinances.

   (B)   Fires or accidents caused by railroad trains, which are the specific statutory responsibility of railroad companies, to the extent that state or federal statutes exempt them from liability.

   (C)   Fires or accidents caused by aviation companies which are the specific statutory responsibility of aviation companies, to the extent that state or federal statutes exempt them from liability.

   (D)   Fires involving Clayton Township buildings, property, or grounds.

   (E)   Fire or other emergency response services performed outside the jurisdiction of Clayton Township, unless Clayton Township and the other municipality where the services are performed have each adopted an ordinance to impose cost recovery fees for emergency services within their respective territories pursuant to M.C.L.A. § 41.806(a). Any services provided by the Clayton Township Police Department or the Swartz Creek Area Fire Department outside the jurisdiction of Clayton Township relating to the release of hazardous or toxic materials shall not be exempt from reimbursement charges for emergency services.

   (F)   Emergency services, including the services of the Swartz Creek Area Fire Department and the Clayton Township Police Department, provided to an individual, business, or corporation that is a resident of the Charter Township of Clayton on the date of the services.

   (G)   Emergency services provided by the Swartz Creek Fire Department to an individual, business, or corporation that is a resident of the City of Swartz Creek or a resident of the Swartz Creek Fire District on the date the services were provided. This exemption shall not apply to the services of the Clayton Township Police Department for City of Swartz Creek residents.

   (H)   Emergency services provide to all municipalities including incorporated cities, townships, villages, counties including Genesee County and the State of Michigan.

(Ord. 442, passed 3-21-2013)