§ 19-3-3. Definitions.

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Cost of an emergency response means the actual and necessary costs incurred by the city as the result of responding to an emergency event, including, without limitation:

(1)

All actual and necessary labor costs, including wages, fringe benefits, and reimbursable expenses, of all personnel responding to the emergency event and all personnel engaged in the investigation, supervision, and preparation of reports relating to the emergency;

(2)

All actual and necessary costs for materials, supplies, and equipment used or damaged in the course of the city's response to the emergency;

(3)

All actual and necessary costs for repair or replacement of publicly-owned property, including, but not limited to, buildings, facilities and infrastructure, such as utilities, roads, sidewalks, safety paths and other infrastructure or public improvements, that were damaged or destroyed in the course of the city's response to the emergency;

(4)

All actual and necessary costs for the investigation of an emergency, cleaning up, inspecting, testing, monitoring, mitigating, restoring, and crowd control at the site of the emergency; and

(5)

All actual and necessary costs for labor and services, which were contracted for by the city in connection with, or as a direct or indirect result of, an emergency.

Emergency means any unforseen or sudden circumstance or combination of circumstances, including but not limited to, fire, accident, utility emergency, hazardous material incident, arson, rescue, or any other emergency situation, which requires fire department personnel to respond to such an event for purposes of providing fire or related support services in order to prevent or minimize risk, hazard, injury, or loss of life that may result in a threat to public health and safety.

Emergency response means the dispatch, response, or use of services provided by the fire department, or any entity operating at the request of the city, or any other responder, to an emergency, including any investigation or mitigation of the emergency.

Proportionally liable means the portion of the cost of the emergency response, as defined in this section, that was caused by a party's percentage of fault in connection with the response as assessed by the fire department.

Responsible party means:

(1)

Any owner, lessor, lessee, or operator of real property, the use or condition of which is responsible for, or contributes to, an emergency;

(2)

Any registered owner, lessor, lessee, or operator of any motor vehicle, the operation of which results in an emergency, but does not mean any occupant of the motor vehicle;

(3)

Any entity, which owns, maintains, or operates a railroad, which by its operation results in an emergency;

(4)

Any public or private utility whose activities or facilities, including, but not limited to, electric lines, telephone lines, cable lines and pipelines, which were involved in an emergency; and

(5)

Any other person whose actions, in whole or in part, caused an emergency.

(Ord. No. 11-12, § 1, 5-29-12)