§ 35.03. DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ASSESSABLE COSTS. The direct and reasonable costs incurred in connection with a response to a public safety or fire emergency incident within the city. These costs include all salaries, wages, or fringe benefits of the city personnel responding to the incident; salaries, wages, or fringe benefits of city personnel engaged in the investigation, supervision, and report preparation regarding the incident; all salaries, wages, or fringe benefits of the personnel of assisting governmental agencies or any other private or public entities operating at the request, direction, or on behalf of the city in response to the incident; salaries, wages, or fringe benefits of the personnel of the Saugatuck Township Fire District (Fire District); and all costs connected with the administration of the incident relating to any prosecution of the person(s) responsible, including those relating to the production and appearance of any witnesses. Additional costs may include, but are not limited to, the rental or leasing of equipment for a specific response, replacement of equipment which is destroyed or contaminated in the response, laboratory costs and equipment, medical expenses incurred as a result of response activities, and any legal expenses that may be incurred as a result of an emergency response including efforts to recover expenses pursuant to this chapter.

EMERGENCY ASSISTANCE. Any response by medical, public safety, police, fire, or civil defense services to respond to an emergency incident.

EMERGENCY INCIDENTS. Include the following:

(1) Excessive requests for emergency assistance;

(2) A false alarm;

(3) A hazardous material incident or emergency;

(4) An illegal fire;

(5) Threats of harm;

(6) A structure demolition or utility line failure;

(7) Water rescue attempts; or

(8) Any other incident where emergency medical, public safety, police, fire, or civil defense services are necessary.

EMERGENCY REQUEST. Any request for emergency assistance made for a particular location or premises if emergency assistance has been provided to that location or premises more than five times in the preceding 30 days.

FALSE ALARM. The intentional or non-intentional activation of an automated or manual device which was designed to request or summon emergency assistance when there was no need for emergency assistance, and any request for emergency assistance when the requesting person or entity knew or should have known that there was no actual need for the assistance. The determination that there was no actual need for emergency assistance shall be made by the Chief of the Fire District or by the most senior official of the Fire District responding to the false alarm. A false alarm shall not include any response to a request for emergency assistance which was caused by an act of God.

HAZARDOUS MATERIAL INCIDENT OR EMERGENCY. Any occurrence, incident, activity, accident, or emergency where a release of hazardous materials occurs or is reasonably imminent, as determined by the Chief of the Fire District or the most senior official of the Fire District responding to the incident.

HAZARDOUS MATERIALS. Any explosive pyrotechnic, compressed gas, flammable liquid, flammable solid, combustible liquid, oxidizing material, poisonous gas, poisonous liquid, poisonous solid etiological material, radioactive material, corrosive material, or liquefied petroleum gas and also includes, but is not limited to, any of the following:

(1) Any material listed in the list of toxic pollutants found in 40 C.F.R. §§ 401.15 et seq., as amended, or under any other federal law or regulations;

(2) Any material regulated as a class A or class B explosive by the United States Department of Transportation, pursuant to 49 C.F.R. § 173.5;

(3) Any flammable liquid or solid regulated by the United States Department of Transportation, pursuant to 49 C.F.R. §§ 171.1 et seq.;

(4) Any material designated as a hazardous material by the Secretary of the United States Department of Transportation through regulations found at 49 C.F.R. §§ 171.1 et seq.;

(5) Any material deemed a hazardous substance as defined by Public Act 451 of 1994, Part 207, Subsection 20101(n), being M.C.L.A. § 324.20101(t);

(6) Any material designated a hazardous material by state or federal law or regulation;

(7) Any hazardous chemical substance or mixture with respect to which the Administrator of the Environmental Protection Agency has taken action pursuant to § 7 of the Toxic Substance Control Act; and

(8) Any otherwise non-hazardous material which becomes a potential hazard to vehicular or pedestrian traffic.

ILLEGAL FIRE. 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 a fire caused by an act of God.

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, groundwater, and surface water.

RESPONSIBLE PARTY. Any individual, firm, corporation, association, partnership, government entity, or other entity responsible for an emergency incident or assistance or any owner, tenant, occupant, or party in control of real and personal property from which, onto which or related to which there is an emergency incident or assistance and their heirs, estates, successors, and assigns.

STRUCTURE DEMOLITION. The tearing down of a structure damaged by fire which must in the opinion of the Chief of the Fire District or the most senior official of the Fire District responding to the incident by promptly demolished following the fire to protect public safety.

THE CITY. The City of the Village of Douglas, County of Allegan, State of Michigan, only.

THREAT OF HARM. The verbal or written threat of physical harm to oneself, another, or another’s property which if carried out would be a violation of federal, state, or local law.

UTILITY LINE FAILURE. The disabling of any transmission or service line, cable, conduit, pipeline, wire, or the like used to provide, collect, or transport electricity, natural gas, communication or electronic signals, or water, sanitary, or storm sewage if the owner or party responsible for the maintenance of the utility line does not respond within one hour to a request to repair or correct the failure.

VEHICLE. Any motorized or self-propelled means of transportation including, but not limited to, automobiles, ATV’s, railroad engines and other cars, boats, helicopters, planes, and/or other aircraft, and all trailers, vehicles, or other appurtenances attached to any vehicle.

WATER RESCUE. Any emergency incident on a body of water where emergency medical, public safety, police, fire, or civil defense services are necessary. Bodies of water include rivers, lakes, streams, impoundments, estuaries, springs, wells, or other collectors/collections of water.

(Ord. 08-2006, passed 9-18-2006)