§ 84-2. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Assessable costs means those costs for services incurred by the city in connection with a response to a public safety or fire emergency incident, including, but not limited to, the actual labor and material costs of the city (including, without limitation, employee wages, fringe benefits, administrative overhead, costs of equipment, 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, by a third party on behalf of the city or by any other unit of government pursuant to a mutual aid agreement; 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 entity.

Bomb threat means the verbal or written threat of a bomb or other explosive device which if discharged as threatened would violate a federal, state or local law.

Emergency assistance means emergency medical, public safety, police, fire and civil defense services.

Excessive requests for emergency assistance means any request for emergency assistance made to a particular location or premises if such location or premises has requested emergency assistance more than five times in the preceding 30 days.

False alarm means any automated or manual device designed to request or summon emergency assistance which device is activated intentionally or otherwise, in the absence of an actual need for emergency assistance. The determination that there was no actual need for emergency assistance shall be made by the most senior person responding to a false alarm. Provided, however, a false alarm shall not be deemed to have occurred if:

(1)

Caused by an act of God, i.e., a lightning storm;

(2)

It originates from a motor vehicle alarm system;

(3)

It originates from a Michigan public or parochial school facility, including charter schools, operated under the authority of the Michigan Department of Education; or

(4)

Has not occurred more frequently than three times in a calendar month or four times in a calendar year.

Hazardous materials means those elements, substances, wastes or by-products, including, 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, asbestos, and caustic substances, 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 of 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.

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.

Ice-water incident or emergency means any occurrence, incident, activity, accident or emergency taking place on or abutting the Saginaw River.

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.

Public safety or fire emergency incident means (i) excessive requests for emergency assistance, (ii) a false alarm, (iii) a hazardous material incident or emergency, (iv) a fire incident or emergency, (v) an ice-water incident or emergency, (vi) bomb threat, (vii) threat of harm to oneself or others, or (viii) a structure demolition.

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 to, 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 responsible for a public safety or fire emergency incident or any owner, tenant, occupant or party in control of real and personal property from which, onto which or related to which there is a public safety or fire 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.

Threat of harm to oneself or others means the verbal or written threat of physical harm to oneself or another or another's property which if carried out would be a violation of federal, state or local law.

(Ord. No. 2009-1, § 3, 1-26-09; Ord. No. 2010-3, 3-1-10)