(A) A person who uses, discharges or ignites permissible consumer fireworks, fireworks or anything that is designed or intended to rise into the air and explode or to detonate in the air or to fly above the ground, is liable for the expenses of any emergency response that is required by such use, discharge or ignition. The fact that a person is convicted or found responsible for a violation(s) of this subchapter is prima facie evidence of liability.
(B) The expenses of an emergency response are a charge against the person liable for those expenses. The charge constitutes a debt of that person and may be collected proportionately by the public agencies, for-profit entities or not-for-profit entities that incurred the expenses. The person’s liability for the expense of an emergency response shall not exceed $10,000 for a single incident. The liability imposed under this division (B) is in addition to and not in limitation of any other liability that may be imposed by law.
(C) The Town Attorney may commence legal action to enforce this section.
(D) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EXPENSES OF AN EMERGENCY RESPONSE. Reasonable costs directly incurred by public agencies, for-profit entities or not-for-profit entities that make an appropriate emergency response to an incident.
REASONABLE COSTS. Includes the costs of providing police, firefighting, rescue and emergency medical services at the scene of an incident and the salaries of the persons who respond to the incident.
(Ord. 18-11, passed 11-27-2018) Penalty, see § 130.99