Unless the context explicitly indicates otherwise, the meaning of the terms used in this chapter shall be as follows:
(a) “Assessable costs” means the direct and reasonable costs incurred in connection with a response to a public safety or fire emergency incident within the City.
(1) Assessable costs include all, but are not limited to:
A. Salaries, wages, or fringe benefits of the City personnel responding to the incident;
B. Salaries, wages, or fringe benefits of the City personnel engaged in the investigation, supervision and report preparation regarding the incident;
C. Salaries, wages, or fringe benefits of the personnel of assisting governmental agencies or any other private or public entities operating at the request, direction, or on behalf of the City in response to the incident; and
D. All costs connected with the administration of the incident relating to any prosecution of the person(s) responsible, including those relating to the production and appearances of any witnesses.
(2) Assessable costs also may include, but are not limited to:
A. Per hour operating cost of responding vehicle or equipment, including the rental or leasing of equipment for a specific response (the latest Federal Emergency Management Agency's ("FEMA") Fire/ Rescue Equipment Rates shall be followed unless otherwise articulated be the City);
B. Depreciation value and/or replacement cost of equipment which is destroyed or contaminated in the response;
C. Mutual aid costs;
D. Laboratory costs and equipment;
E. Fuel costs;
F. Water usage costs;
G. Medical expenses incurred as a result of response activities; and
H. Any legal expenses that may be incurred as a result of an emergency response including efforts to recover expenses pursuant to this chapter.
(3) Excluded from this definition are any assessable costs solely and distinctly incurred as necessary to response activities connected to a hazardous material incident or emergency otherwise recoverable under the hazardous materials cost recovery scheme provided in Michigan's National Resources and Environmental Protection Act ("NREPA"), MCL 324.20101 et seq.
(b) “City” means the City of Ionia.
(c) “Emergency assistance” means any response by medical, public safety, police, fire, or civil defense services to respond to an emergency incident.
(d) “Emergency incident” includes the following:
(1) Excessive requests for emergency assistance;
(2) A false alarm;
(3) A hazardous material incident or emergency;
(4) An illegal fire;
(5) Threats of harm;
(6) A structure demolition or utility line failure;
(7) Water rescue attempts; or
(8) Any other incident where emergency medical, public safety, police, fire or civil defense services are necessary.
(e) “Excessive request for emergency assistance” means any request for emergency assistance made for a particular location or premises if emergency assistance has been provided to that location or premises more than five times in the preceding 30 days.
(f) “False alarm” means the intentional or non-intentional activation of an automated or manual device that was designed to request or summon emergency assistance when there was no need for emergency assistance, and any request for emergency assistance when the requesting person or entity knew or should have known that there was no actual need for such assistance. The determination that there was no actual need for emergency assistance shall be made by the Director of the Department of Public Safety or by the most senior official of the Department of Public Safety responding to the false alarm. A false alarm shall not include any response to a request for emergency assistance which was caused by an act of God.
(g) “Hazardous material incident or emergency” means any occurrence, incident, activity, accident or emergency where a release of hazardous materials occurs or is reasonably imminent, as determined by the Director of the Department of Public Safety or the most senior official of the Department of Public Safety responding to the incident.
(h) “Hazardous materials” means any explosive, pyrotechnic, compressed gas, flammable liquid, flammable solid, combustible liquid, oxidizing material, poisonous gas, poisonous liquid, poisonous solid, etiological material, radioactive material, corrosive material or liquefied petroleum gas and also includes, but is not limited to, any of the following:
(1) Any material listed in the list of toxic pollutants found in 40 CFR 401.15, et seq., as amended, or under any other federal law or regulations;
(2) Any material regulated as a class A or class B explosive by the United States Department of Transportation, pursuant to 49 CFR 173.5;
(3) Any flammable liquid or solid regulated by the United States Department of Transportation, pursuant to 49 CFR 171.1, et seq.;
(4) Any material designated as a hazardous material by the Secretary of the United States Department of Transportation through regulations found at 49 CFR 171.1, et seq.;
(5) Any material deemed a "hazardous substance" as defined by 1994 PZ 451, part 207, Subsection 20101(n), MCL 324.20101(n);
(6) Any material designed a hazardous material by state or federal law or regulations;
(7) Any hazardous chemical substance or mixture with respect to which the Administrator of the Environmental Protection Agency has taken action pursuant to section 7 of the Toxic Substance Control Act; and
(8) Any otherwise non-hazardous material that becomes a potential hazard to vehicular or pedestrian traffic.
(i) “Illegal fire” means 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 a fire caused by an act of God.
(j) “Release” means 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.
(k) “Responsible party” means any individual, firm, corporation, association, partnership, government entity or other entity responsible for an emergency incident or assistance or any owner, tenant, occupant or party in control of real and personal property from which, onto which or related to which there is an emergency incident or assistance and their heirs, estates, successors and assigns.
(l) “Structure demolition” means the tearing down of a structure damaged by fire that must, in the opinion of the Director of the Department of Public Safety or the most senior official of the Department of Public Safety responding to the incident, be promptly demolished following the fire to protect public safety.
(m) “Threat of harm” means the verbal or written threat of physical harm to oneself, another, or another's property which if carried out would be a violation of federal, state or local law.
(n) “Utility line failure” means 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, or water, 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.
(o) “Vehicle” means any motorized or self-propelled means of transportation including, but not limited to, automobiles, ATVs, railroad engines and other cars, boats, helicopters, planes, and/ or other aircraft, and all trailers, vehicles, or other appurtenances attached to any vehicle.
(p) “Water rescue” means any emergency incident on a body of water where emergency medical, public safety, police, fire or civil defense services are necessary. Bodies of water include rivers, lakes, streams, impoundments, estuaries, springs, wells, or other collectors/collections of water.
(Ord. 579. Passed 1-3-24.)