For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALARM. The giving, signaling or transmitting to a public police station, fire station or company, 911 central dispatch, or to an officer or employee thereof, whether by telephone, spoken word or otherwise, information to the effect that a condition exists at or near the place indicated by the person giving, signaling or transmitting such information, which is reasonably perceived to require an emergency response by the city.
ASSESSABLE COSTS. Costs incurred by the city in connection with providing emergency services, including, but not limited to:
(1) The actual labor and material costs of the city (including, without limitation, employee wages, fringe benefits, administrative overhead, cost of equipment, costs of equipment operation, costs of materials, costs of transportation, costs of material disposal and costs of contracted labor) whether or not the emergency services are provided by the city or by a third party on behalf of the city;
(2) Services charges and interest; and
(3) Attorneys’ fees, litigation costs and any costs, charges, fines or penalties to the city imposed by any court or state or federal governmental entities.
CITY. The City of Memphis.
EMERGENCY SERVICES. Includes:
(1) Services to halt, abate or remedy any spill, containment or release of any hazardous materials and any liabilities resulting from such;
(2) Services to extinguish or fight a fire including, but not limited to, overhauling equipment, fire extinguishers and foam;
(3) Services to demolish a structure to protect public safety following a fire and any liabilities resulting from such;
(4) Services in connection with a utility line or facility failure or problem and any liabilities resulting from such;
(5) Services in connection with any water, ice, confined space, trench, high angle or technical rescue or recovery;
(6) Services associated with any motor vehicle accident, vehicle fire, extrication of individuals from a vehicle or motor vehicle fire, including, but not limited to, spill cleanup, foam, fire extinguishers, and any liabilities resulting from such;
(7) Services associated with fraudulent requests for emergency assistance, including but not limited to, intentionally dishonest and/or prank calls and requests for response made under false pretenses;
(8) Services associated with false alarms in excess of three times in any 365-day period or associated with a false alarm which was deliberately caused;
(9) Services associated with Fire Department response and operations at scenes resulting from activities that violate state, federal or local laws or ordinances, including, but not limited to:
(a) Illegal dumping of waste;
(b) Arson;
(c) Use of illegal fireworks; and/or
(d) Response required because of conduct or activities of a responsible party who is under the influence of intoxicating substances, such as operating a motor vehicle while under the influence of intoxicants and/or illegal drugs;
(10) Services associated with use of departmental equipment and personnel for the furtherance of private enterprise, a private business or for-profit corporation; and/or
(11) Other services and responses by the Fire Department or by individuals or entities at the request of the Fire Department.
FALSE ALARM. The reporting of an alarm for which no emergency response is required.
FIRE DEPARTMENT. The City of Memphis Fire Department and/or any individual, entity or third party requested to provide emergency services by the Fire Department.
RESPONSIBLE PARTY. All persons, estates, entities, corporations or other parties determined by the Fire Chief to be responsible for, or benefitted by, emergency services provided by or through the city which give rise to assessable costs as set forth in the schedule of assessable costs adopted by the City Council. Any party determined by the Fire Chief to be responsible for, and/or benefitting from, such services shall be liable for the full payment for such services rendered, as provided for in this subchapter.
RUN. A call generated by 911 Central Dispatch and/or by the Fire Department personnel to 911 Central Dispatch.
(Ord. 190, passed 2-15-2012)