§ 22-162. Definitions.

Unless the context specifically indicates otherwise, the meaning of the terms used in this ordinance shall be as follows:

Assessable fees mean those fees for services incurred by the city in connection with providing emergency services at an emergency incident, including, but not limited to, the actual labor and material costs of the city (including, without limitation, employee wages, operation, costs of materials, costs of transportation, costs of equipment, costs of backup of emergency services., costs of equipment operation, costs of materials, costs of transportation, costs of material disposal and costs of contracted labor) whether or not the services are provided by the city or by a third party on behalf of the city; service charges and interest; attorneys' fees litigation costs and any costs, charges, fines or penalties to the city imposed by any court or state or federal governmental entities.

Dangerous materials mean those elements, substances, wastes or by-products, that may include, but not limited to, combustible liquid, flammable gas, explosives, flammables, poisons, organic peroxides, oxidizers, pyrophorics, unstable reactive matter, water reactive matter, petroleum products, anti-freeze, polychlorinated biphenyls and asbestos, which are or are potentially harmful to the environment or human or animal life, or which pose an unreasonable or imminent risk to life, health or safety or persons or property, or to the ecological balance of the environment as determined by the fire chief or the senior fire official of the city in charge at the scene.

Dangerous material incident or emergency means any occurrence, incident, activity, accident or emergency where a release of dangerous materials occurs or is reasonably imminent and where the fire chief or his or her designee has so declared such activity, accident or emergency a dangerous material incident or emergency.

Emergency incident means (i) motor vehicle accident, or any other event where a motor vehicle or pedestrian, requires emergency services, (ii) a dangerous material incident or emergency, (iii) an illegal fire, (iv) a structure demolition, (v) a utility line failure, or (vi) a railway crossing or line failure.

Emergency service means emergency police, fire, ambulance or inhalator services.

Hazardous materials means those elements, substances, wastes or by-products regulated by NREPA, MCL 324.20101, et seq, as amended.

Hazardous material incident or emergency means any occurrence, incident, activity, accident or emergency where a release of hazardous materials occurs or is reasonably imminent and where the fire chief or his or her designee has so declared such activity, accident or emergency a hazardous material incident or emergency.

Illegal fire means 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 an unintentional fire or fire caused by an act or God, i.e., a lightning storm.

Motor vehicle means any self-propelled or towed vehicle designed or used on the public streets, roads and highways to transport passengers or property which is required to be registered for use upon such public streets, roads and highways and for the purposes hereof all trailers or appurtenances attached to any motor vehicle. Motor vehicle also includes motorized farm or construction equipment being operated on a public right of way.

NREPA means the Natural Resources and Environmental Protection Act, MCL 324.20101 et seq., as amended.

Railway crossing or line failure means the disabling of any railway crossing or railway line so as to pose a danger to the public unless police or fire personnel remain on site to eliminate such danger if the owner or party(s) responsible for the maintenance of such railway crossing or line does not respond within one hour to a request to repair or correct such failure.

Release means any actual or threatened spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, leaching, dumping or disposing into the environment, including, but not limited, the air, soil, groundwater and surface water.

Responsible party means any individual, firm, corporation, association, partnership, commercial entity, consortium, joint venture, government entity or any other legal entity that receives emergency services for an emergency incident or any owner, tenant, occupant or party in control of real and personal property from which, onto which or related to an emergency incident and their heirs, estates, successors and assigns.

Structure demolition means the tearing down of a structure damaged by fire which must in the opinion of the fire chief or his or her designee be promptly demolished following the fire to protect public safety.

Utility line failure means 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 (including, but not limited to, telephone, computer, cable television and stereo signals or electronic impulses), water or sanitary or storm sewage if the owner or party responsible for the maintenance of such utility line does not respond within one hour to a request to repair or correct such failure.

(Ord. 155, § 2, 9-12-2006)