5-13-2: DEFINITIONS:

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

FALSE ALARM: Any automated or manual device designed to request or summon emergency assistance which, in the absence of an actual need for emergency assistance, the device is activated maliciously or due to a malfunctioning or improperly maintained or operated fire alarm or fire protection system. The determination that there was no actual need for emergency assistance shall be made by the most senior ranking fire personnel responding to a false alarm. A false alarm shall not be deemed to have occurred if caused by: a) an act of God, such as earthquakes, tornadoes, floods or other extraordinary circumstances determined by the Fire Chief, or his or her respective designee, to be clearly beyond the control of the alarm user; b) it originates from a motor vehicle alarm system; or c) has not occurred more frequently than once per address in a calendar year, whether it is a residence or a commercial building, unless the false alarm response is the result of a failure to notify the system monitoring company or Ada County Dispatch when working on or testing fire protection equipment system, or when work in any capacity in a building which shall constitute a false alarm in the first instance.

HAZARDOUS MATERIAL INCIDENT OR EMERGENCY: 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.

HAZARDOUS SUBSTANCE OR HAZARDOUS MATERIALS: Those elements, substances, wastes or byproducts, including, but not limited to, combustible liquid, flammable gas, explosives, flammables, poisons, organic peroxides, oxidizers, pyrophorics, unstable reactive matter, water reactive matter, petroleum products, antifreeze, polychlorinated biphenyls and asbestos, which 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. The term includes any "hazardous substance" defined in the Hazardous Substance Emergency Response Act as set forth in Idaho Code title 39, chapter 71.

ILLEGAL FIRE: A fire caused or set or determined to have been caused or 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 accidental and unintended fire or fire caused by an act of God, i.e., a lightning storm, but does include a fire resulting from grossly negligent or reckless conduct, as well as an intentionally set fire.

MITIGATION COSTS: 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 or by a third party on behalf of the City; service charges and interest; attorney fees, litigation costs, and any costs, charges, fines or penalties to the City imposed by any court or State or Federal governmental entities.

PUBLIC SAFETY OR FIRE EMERGENCY INCIDENT:

   A.   A false alarm;

   B.   A hazardous material incident or emergency;

   C.   An illegal fire;

   D.   Rescue emergency; or

   E.   A utility line failure.

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.

RESCUE EMERGENCY: A public safety or fire emergency incident resulting from a person or persons knowingly entering any area that has been closed to the public by competent authority for any reason, where such closure is posted by sign, barricade or other device, and an emergency response, such as a search for or rescue of such person, results from the entry. For example, a rescue emergency would arise when the Boise River is flowing at a cubic foot per second level such that an authorized State, County or City official declares the river closed to floating or rafting, the entry points are signed or otherwise posted as closed, and a person ignores the closure and a search and/or rescue results from the entry.

RESPONSIBLE: To cause, either through negligence, recklessness or intentional act, a public safety or fire emergency incident.

RESPONSIBLE PARTY: 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, unless not permitted by law, includes their heirs, estates, successors and assigns.

UTILITY LINE FAILURE: The interruption 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 sewage. (Ord. 9-17, 3-21-2017)