For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ASSESSABLE COSTS. Those costs for service incurred by the village, in conjunction with response to a public safety or fire emergency incident, including but not limited to the actual labor and material costs of the village (including without limitation employee wages, fringe benefits, administrative overhead, costs 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 services are provided by the village or by a third party on behalf of the village; county costs, service charges and interest; attorneys’ fees, litigation costs and any costs, charges, fines or penalties to the village imposed by any court or state or federal government entities.
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.
COUNTY COSTS. Any costs incurred by the county as part of a response to a public safety or fire emergency incident, including but not limited to costs incurred by activation of the Emergency Operations Center, the Emergency Program Manager, the County Sheriff, Public Health, Public Information Officer and any other county personnel contributing time and materials in response to the emergency.
EXCESSIVE REQUESTS FOR EMERGENCY ASSISTANCE. Any request for emergency assistance made to a particular location or premises if such location or premises has requested assistance more than five times in the preceding 30 days.
FALSE ALARM. Any automated or manual devices 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 either it is caused by an act of God, i.e., a lightning storm; or it originates from a motor vehicle or building alarm system and it 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 byproducts, including but not limited to combustible liquid, flammable gas, explosives, flammables, poisons, organic peroxides, oxidizers, pyrophorics, unstable reactive matter, petroleum products, antifreeze, polychlorinated biphenyls and asbestos, which are or are potentially harmful to the environment, humans, animals or property, or to the ecological balance of the environment as determined by the Village Fire Chief (hereinafter Fire Chief) or the incident commander.
ILLEGAL FIRE. Subject to the fire prevention provisions of Chapter 91 of this code, 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 an unintentional fire or fire caused by an act of God, i.e., a lightning storm.
MOTOR VEHICLE. Any self-propelled or towed vehicle designed or used on the 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. For the purpose hereof, all trailers or appurtenances attached to any motor vehicle are considered a MOTOR VEHICLE under this definition.
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) Structure demolition;
(8) Utility line failure; or
(9) Any other incident requiring use of a special rescue team or emergency response team, including but not limited to technical rescue, confined space rescue, dive team or water rescue.
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.
RESPONSIBLE PARTY. Any individual, firm, corporation, association, partnership, commercial entity, consortium, joint venture, government entity or any 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, 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 or 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 person, or another person’s property, which if carried out would be in 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, 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 does not respond within one hour to a request to repair or correct such failure.
WEAPONS OF MASS DESTRUCTION. Biological agents, nuclear-radiological devices, incendiary devices, chemical agents and explosives that may be used to attempt or accomplish mass destruction.
(Ord. 2009-01, passed - -2009)
Cross-reference:
Fire Protection and Prevention, see Chapter 91