For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOL AND DRUGS.
In any case where abuse of alcohol or drugs can be proven to have contributed to the cause of an emergency response by the jurisdiction or their agents, the person proven to be under the influence of alcohol or drugs shall be financially responsible for the cost of all work by the jurisdiction or their agents.
ASSESSABLE COSTS.
Those costs for services incurred by the jurisdiction in connection with response to a Public Safety of Fire Emergency Incident, including, but not limited to, the actual labor and material cost of the jurisdiction (including without limitation, employee wages, fringe benefits, administrative overhead, costs of equipment, cost 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 jurisdiction or by a third party on behalf of the jurisdiction, service charges and interest; attorneys fees, litigation costs, charges, fines or penalties to the jurisdiction having authority imposed by any court or state or federal governmental authorities.
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, civil defense services, OEM and Special Response Team.
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 eight times in the proceeding 30 days.
FALSE ALARM.
Any automated or manual device designated to request or summon emergency assistance whether such 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 incident commander responding to a request or summon for emergency assistance. Provided, however, a false alarm shall not be deemed to have occurred if:
(1) Caused by an act of God (i.e., a lightening storm); or
(2) (a) It originates from a motor vehicle or building alarm system; and
(b) Has not occurred more frequently than three times in a calendar month or four times in a calendar year.
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 Fire Chief or his or her designee has so declared such activity, accident or emergency a hazardous material incident or emergency.
HAZARDOUS MATERIALS.
Those elements, substances, wastes or by-products, including, but not limited to, combustible liquid, flammable gas, explosives, flammables, poisons, organic peroxides, oxidizers, pyophorics, 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 Fire Chief or incidence commander.
ILLEGAL FIRE.
Subject to the jurisdiction's fire code, as amended, 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 lack of issued permit. An
ILLEGAL FIRE
does not include an unintentional fire or fire caused by an act of God (i.e., a lightening storm).
PUBLIC SAFETY
or
FIRE EMERGENCY INCIDENT.
Such things as:
(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 fire;
(8) Demolition; or
(9) A utility line failure or any other incidents as deemed by the Fire Chief or incident commander.
RELEASE.
Any actual or threatened spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, 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 responsible for 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.
RESPONSIBLE PARTY
shall include the heirs, estates, successors, and assigns of the entities named herein.
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's property which, if carried out would be a violation of federal, state, or local law.
UTILITY LINE FAILURE.
The disabling of any transmission, distribution, or service line, cable, conduit, pipeline, wire or the like used to provide, collect, or transport electricity, natural gas, petroleum products, 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.
WEAPONS OF MASS DESTRUCTION.
Utilize biological agents, nuclear-radiological devices, incendiary devices, chemical agents and explosives to attempt or accomplish mass destruction through an attack or occurrence using a weapon of mass destruction (WMD) device.
(Ord. 43, passed 4-14-03)