[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.
