As used in this chapter:
(a) "Emergency response" means:
(1) The providing, sending and/or utilizing of public service, police, fire-fighting and rescue services by the City to an accident involving a motor vehicle where one or more of the drivers were operating the motor vehicle while under the influence of an alcoholic beverage or a controlled substance, or the combined influence of an alcoholic beverage and a controlled substance; or
(2) The making of a traffic stop and arrest by a police officer when the driver was operating the motor vehicle while under the influence of an alcoholic beverage or controlled substance.
(3) Any response by the Fire Department, an entity operating at the request of the Fire Department, or any other responder as set forth in the national incident management system (Homeland Security Presidential Directive 5), to any call, including medical emergencies, for assistance to any person, property owner, government agency, emergency service provider, or other entity.
(b) "Expense of emergency response" means:
(1) The costs associated with the occurrence of an emergency response as set forth in paragraph (a)(1), (a)(2), or (a)(3) hereof, whichever is applicable. The expenses of making an emergency response, as set forth in paragraph (a)(2) hereof, shall include the costs connected with the administration, provision and analysis of chemical tests and the videotaping of the driver, if applicable. These costs shall be set by Council resolution.
(2) The costs incurred in responding to an emergency event, except as may be limited by a policy adopted by the governing body. Costs include labor, equipment usage, and materials associated with investigation, removal, repair, abatement, mitigation, monitoring, cleanup, analysis, collection costs and attorney fees.
(c) "Dangerous or hazardous substance or material" means any material or substance that has been identified by City, State or Federal laws or regulations to be dangerous or hazardous, and shall include, but not be limited to, such substances as chemicals, gases, explosives, radioactive materials, petroleum products or gases, poisons, etiologic (biologic) agents, flammables, corrosives or substances that are obnoxious by reason of odor, that are spilled, leaked or otherwise released from their container.
(d) "Person" shall mean any individual, partnership, corporation, limited liability corporation, association, consortium, governmental entity, or any other legal entity.
(e) "Hazardous materials response" shall mean any response to an event involving any chemical, substance, compound, mixture, or other material defined as, designated as, listed as, or having the same characteristics as any substance, compound, mixture or material listed as hazardous under federal or state law or regulation.
(Ord. 1992-30. Passed 7-7-92; Ord. 2017-08. Passed 1-3-18.)