[HISTORY: Adopted by the Borough Council of the Borough of Clearfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-17-1997 by Ord. No. 1217 (Ch. 18B of the 1966 Code)]
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 Clearfield or the Clearfield Borough Volunteer 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 or 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 corrosives or materials listed in the hazardous substances list of the Pennsylvania Department of Labor and Industry.
The authority to recover costs under this article shall not include actual fire suppression services which are normally or usually provided by the Fire Department.
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.
In the event that any provision, section, sentence, clause or part of this article shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of this article, it being the intent of the Borough that such remainder shall be and remain in full force and effect.
Except as specifically provided herein, all other prior ordinances or parts of ordinances that conflict with or are inconsistent with the provisions of this article are hereby repealed.