§ 34.01  EMERGENCY SERVICE AND SPECIAL EQUIPMENT CHARGES.
   (A)   Purpose and intent. It is the purpose of this section to establish emergency service and special equipment charges for emergency services provided by the Public Safety Department described in this section, pursuant to Minn. Stat. §§ 415.01, 366.011 and 366.012, as they may be amended from time to time.
   (B)   Application. This section applies to emergency services including, but not limited to, fire, rescue, technical rescue, hazardous materials, medical and related services.
   (C)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      EXCAVATOR. A person who conducts an excavation.
      MOTOR VEHICLE. Any self-propelled vehicle designed and originally manufactured to operate primarily upon public roads and highways, and not operated exclusively upon railroad tracks. It includes any vehicle propelled or drawn by a self propelled vehicle. This includes semi trailers and boats. It does not include snowmobiles, manufactured homes or all terrain vehicles.
      MOTOR VEHICLE OWNER. Any person, firm, association or corporation owning or renting a motor vehicle or having the exclusive use thereof, under a lease or otherwise, for a period of greater than 30 days.
      PERSON. The state, a public agency, a local governmental unit, an individual, corporation, partnership, association or other business or public entity or a trustee, receiver, assignee or personal representative of any of them.
      PUBLIC SAFETY DEPARTMENT. The Police Department and the Fire Department.
      SPECIAL EQUIPMENT. Heavy or specialized public safety equipment that the Public Safety Department does not currently own but that it must rent or lease to render public safety services and includes, but is not limited to, cranes, bulldozers, back hoes and trench boxes.
      UNDERGROUND PIPELINE UTILITY. An underground line, facility, system and its appurtenances used to produce, store, convey, transmit or distribute gas, oil, petroleum products and other similar substances.
   (D)   Conflicts. In the event of any conflict between the provisions of this section and applicable provisions of state law, rules or regulations, the latter shall prevail.
   (E)   Emergency services charges.
      (1)   Authority. The city may charge a property owner for all expenses associated with the use of any special equipment that is required to render emergency services.
      (2)   The collection of emergency services charges shall be conducted as authorized in Minn. Stat. § 366.011, as it may be amended from time to time.
      (3)   The collection of unpaid emergency services charges shall be conducted as authorized in Minn. Stat. § 366.012, as it may be amended from time to time.
      (4)   Emergency service charges incurred by the Public Safety Department shall be imposed pursuant to the fee schedule adopted by ordinance or resolution, in the following circumstances:
         (a)   Technical rescue.
            1.   Any incident response such as, but not limited to to a rescue on the water, ice, confined space, structured collapse, terrorism, trench, high or low level where special equipment is required.
            2.   An invoice will be sent to the persons, corporation, business owner receiving the service or the owner’s insurance company, based on the number of hours spent responding to the incident, any special equipment and materials needed to respond to the incident, and personnel costs.
         (b)   Underground pipeline utility breaks.
            1.   Any incident response to an underground pipeline utility break.
            2.   An invoice will be sent to the excavator or person responsible for the pipeline utility break, based on the number of hours spent responding to the incident, any special equipment and materials needed to respond to the incident, and personnel costs.
         (c)   Hazardous materials.
            1.   Any incident response to a release of hazardous material from its container, or the threat of a release of a hazardous material from its container, chemical reaction or other potential emergency as the result of a hazardous material.
            2.   An invoice will be sent to the person responsible for the hazardous material or transportation of the hazardous material, based on the number of hours spent responding to the incident, any special equipment and materials needed to respond to the incident, and personnel costs.