For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Any term in this subchapter not defined below shall take on its common or dictionary meaning.
EXPENDABLE MATERIAL. An item that is regularly used during the course of a motor-vehicle accident or collision response, including, but not limited to, hazardous spill absorption materials, agents including, but not limited to, foam, absorbing agents or emulsifiers used in cleanup operations, or any other item that must be replaced due to the rendering of services and/or responses to a motor-vehicle accident or collision by the City Fire Department.
HAZARDOUS MATERIAL SPILL. Unexpected, unintentional or unapproved discharge or other loss of oil or other substances that contain hazardous or otherwise objectionable substances that damage or threaten to damage the public health, safety and welfare, which, for the purposes of this subchapter only, are the result of a motor-vehicle accident or collision to which the City Fire Department is a responder.
NON-RESIDENT. A person whose primary residence at the time of the service or response is outside the jurisdictional boundaries of the Fire Department of the city.
RESIDENT. A person whose primary residence at the time of the service or response is within the corporate boundaries of the city.
RESPONSE or RESPOND. The deployment or mobilization of the City Fire Department to motor-vehicle accident or collision calls or calls for hazardous material spills that are the result of a motor-vehicle accident or collision.
RESPONSIBLE PARTY.
(1) The individual who caused the motor-vehicle accident or collision (as determined by the motor-vehicle accident police report) that necessitated the motor-vehicle accident response by the City Fire Department and personnel;
(2) The liable insurance company or insurance provider of the vehicle driven or operated by the individual who caused the motor-vehicle accident or collision (as determined by the motor-vehicle accident police report) that necessitated the motor-vehicle accident response by the City Fire Department and personnel;
(3) The owner and/or the liable insurance company or insurance provider of the owner of the motor vehicle operated by the individual who caused the motor-vehicle accident or collision (as determined by the motor-vehicle accident police report) for which hazardous material spills or debris around the vehicle are cleaned up, fires are extinguished, or the site of the accident or collision is secured during a response by the City Fire Department and personnel; or
(4) The legal representative of a deceased party or the legal guardian of an incapacitated or minor party, which deceased party, incapacitated party or minor party caused the motor-vehicle accident or collision (as determined by the motor-vehicle accident police report) that necessitated the response by the City Fire Department and personnel.
SERVICE. Any necessary action conducted by the City Fire Department during a motor-vehicle accident response including, but not limited to, cleanup of hazardous substances, evacuation, securing premises, extrication, extinguishment, transportation, equipment operation and utilization, and any and all other services required to assure public health and safety from known hazards which resulted from the motor-vehicle accident which the City Fire Department was called to respond to.
(Prior Code, § 81.04)