For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ASSESSABLE COSTS.
(1) Those costs incurred by the township and individuals operating at the request or direction of the Township as a result of responding to an enumerated incident. These costs shall include reasonable charges for the use of the fire equipment and vehicles, fire fighting and containment materials used at the scene of the incident, the salaries and wages including fringe benefits of the township personnel responding to, investigating, and preparing reports concerning the incident and reasonably related costs. These costs shall also include charges for any disposable supplies and materials used during the incident, the rental or leasing of any special equipment, the replacement cost of any township supplies and equipment damaged, lost, or destroyed as a result of the incident, reimbursement for any special consulting, technical service, or laboratory cost, and any costs associated with the preparation for or actual evaluation of the area surrounding the incident. The expense of any emergency response shall also include any costs and fees incurred in collecting those charges, costs, and fees authorized by this chapter.
(2) The direct and reasonable costs incurred by the township or by a private person or corporation operating at the request or direction of the township in the course of emergency response to the incident, including the costs of providing police, firefighting, and emergency medical rescue services at the scene of the incident. These costs further include all of the salaries and wages of township personnel responding to the incident, all salaries and wages of township personnel engaged in investigation, supervision, and report preparation, all costs connected with the administration and preparation of all chemical tests of the driver (including blood, breath or urine) and all costs related to any prosecution of the person causing the incident.
BOMB THREATS. The verbal or written threat of a bomb or other explosive device which, as threatened, would violate a federal, state, or local law.
BUILDING (or STRUCTURE). Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING/STRUCTURE DEMOLITION. The tearing down of a building or 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.
CHAIR LIFT and LIFT SERVICES. A request for a chair lift or lift service that a privately owned and operated ambulance company could have provided.
EMERGENCY RESPONSE. The providing, sending, or utilizing of fire fighting, emergency medical, rescue, or related services and personnel by the township, or by any other municipality, corporation, or individual operating at the request or direction of the township, to or at an incident which threatens the public health, safety, welfare, or property within the township.
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 5 times in the preceding 30 days.
FALSE ALARM. Any automated or manual devices designed to request or summon emergency assistance in which the 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 most senior public safety person responding to a false alarm. Provided, however, a FALSE ALARM shall not be deemed to have occurred if:
(1) Caused by an act of God, e.g., a lightning storm; or
(2) It originates from a motor vehicle alarm system.
HAZARDOUS MATERIAL. Any material that poses an unreasonable risk to the health and safety of the public, animal life, environment, or emergency personnel if not property controlled during handling, storage, manufacture, processing, packaging, use, disposal, or transportation and shall include, but not be limited to, explosives, pyrotechnics, flammable gas, flammable compressed gas, nonflammable compressed gas, flammable liquid, combustible liquid, oxidizing material, poisonous gases, poisonous liquid, poisonous solid, irritating material, etiological material, radioactive material, corrosive material, or liquefied petroleum gas.
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.
ILLEGAL FIRE. A fire set or determined to have been set in violation of a federal, state, or local law or township ordinance 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 an unintentional fire or fire caused by an act of God, e.g., lightning storm.
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.
PREMISES. Any lot or parcel of land (excluding structures) within the township.
RELEASE. 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, ground water, and surface water.
RESIDENT.
(1) Any person having legal residency within the Charter Township of Montrose. Residency may be established by voter registration or similar public record maintained by the township or by the County of Genesee, State of Michigan, or any agency or department of the United States Federal Government.
(2) The term RESIDENT shall also include any individual, firm, partnership, or corporation owning real property within the Charter Township of Montrose subject to the ad valorem public safety millage.
RESPONSIBLE PARTY.
(1) Any individual, firm, corporation, association, partnership, commercial entity, consortium, joint venture, government entity, or other legal entity responsible for a public safety or fire emergency incident or any owner, tenant, occupant, or party in control of real and personal property from which, on to which, or related to which there is a public safety or fire emergency incident.
(2) The owner, lessor, and/or operator of a fixed facility.
(3) The owner, lessee, and/or operator of any motor vehicle.
THREATS OF HARM TO ONESELF OR OTHERS. 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.
TRANSPORTATION AND LODGING FEE. A fee imposed upon each person who, after being arrested for an offense committed in the township, is transported to and lodged in a jail in another county because the Genesee County jail is unable to or refuses to accept the person for lodging. The fee shall be imposed only where all of the following conditions are satisfied.
(1) The person must be arrested for an offense for which lodging in the county jail is provided for by law.
(2) The police official of the township who has taken the person into custody has attempted to have the arrested individual lodged in the Genesee County jail.
(3) The police official of the Township who has taken the person into custody has been advised by the Genesee County jail that the jail is unable or unwilling to accept the person for lodging.
(4) The arrested person is transported to a county jail in another county where the person is lodged.
(5) The county jail providing the lodging for the arrested person charges the Township a fee for the lodging.
UTILITY LINE FAILURE. 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, electronic signals (including, but not limited to, telephone, computer, cable television and stereo signals or electronic impulses), water, or sanitary or storm sewage.
VEHICLE. Any self-propelled or towed vehicle designed for use on public streets, roads, and highways to transport passengers or property which is required to be registered for use upon such public streets, roads, and highways, and including all trailers or appurtenances attached to any such vehicle.
(Ord. 11-194, passed 10-18-2011)