[HISTORY: Adopted by the Council of the Borough of Punxsutawney as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-12-2003 by Ord. No. 1030]
Any person who intentionally, negligently, accidentally, or otherwise causes a motor vehicle accident, hazardous material or substance spill or any other act or omission necessitating the providing of emergency services by the Borough of Punxsutawney, or the Punxsutawney Fire Department (Fire Department), within the boundaries of the Borough or the service area of the Fire Department, shall be liable for all costs incurred by the Borough and/or the Fire Department as a result of such accident, spill or other act of omission. The remedy provided by this article shall be in addition to any other remedies provided by law.
For the purpose of this article, "hazardous materials" shall be defined as any substances or materials in a quantity or form which, in the determination of the Emergency Management Coordinator, or other authorized representative of the Borough, poses an unreasonable and imminent risk to the life, health, or safety of persons or property or to the ecological balance of the environment, and shall include, but not be limited to, such substances as explosives, radioactive materials, petroleum products or gasses, poisons, etiologic (biologic) agents, flammable, corrosive or materials listed in the hazardous substances list of the Pennsylvania Department of Labor and Industry.
[Amended 6-14-2004 by Ord. No. 1044]
The authority to recover costs under this article shall include the costs of all actual fire-suppression services which are normally or usually provided by the Punxsutawney Fire Department of the Borough of Punxsutawney.
For purposes of this article, the charges for use of the Borough and Fire Department emergency services equipment, materials and personnel shall be established by resolution of the Borough Council.