Chapter 16
Emergency Services*
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* Cross References: Emergency management, ch. 14; authorized emergency vehicles, § 34-4.
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Article II. Rescue Squad and Emergency Medical Services Department
- Sec. 16-26. Penalty.
- Sec. 16-27. Organization.
- Sec. 16-28. Duties of captain.
- Sec. 16-29. Equipment.
- Sec. 16-30. Right-of-way of vehicles.
- Sec. 16-31. Insignia attached to vehicles.
- Sec. 16-32. Interference with members.
- Sec. 16-33. Liability of members.
- Sec. 16-34. False alarms.
- Secs. 16-35--16-55. Reserved.
Article III. Hazardous Material
Division 2. Emergency Response
- Sec. 16-66. Definitions.
- Sec. 16-67. Purpose and authority.
- Sec. 16-68. Responsibility, financial liability for emergency response.
- Sec. 16-69. Fees and charges.
- Sec. 16-70. Payment of costs.
ARTICLE I.
IN GENERAL
Secs. 16-1--16-25. Reserved.
ARTICLE II.
RESCUE SQUAD AND EMERGENCY MEDICAL SERVICES DEPARTMENT
Sec. 16-26. Penalty.
Any person violating any of the provisions and restrictions of this article shall be guilty of committing a misdemeanor and upon conviction shall be punished in accordance with section 1-6.
(Ord. of 6-4-90, § 1)
Sec. 16-27. Organization.
(a) The rescue squad and emergency medical services department shall consist of the captain of the department and a sufficient number of volunteers to maintain and operate the department. The council shall appoint the captain and approve the appointment to the department of all members. The department may, from time to time, adopt its own rules and regulations governing the department subject to the approval of the council.
(b) The captain shall be held accountable to the mayor and council and shall make written and verbal reports thereto as the mayor and the council may require. All other department members and officers shall be accountable to the captain only.
(Ord. of 6-4-90, § 1)
Sec. 16-28. Duties of captain.
(a) The captain shall formulate a set of rules and regulations to govern the rescue squad and emergency medical services department, and shall be responsible to the mayor and council for the personnel, morale and general efficiency of the department.
(b) The captain shall determine the number and kind of companies of which the department is to be composed and shall determine the response of such companies to alarms.
(c) The captain shall conduct such suitable drills or instructions in the operation and handling of equipment, first aid and rescue work, in the town and all other matters generally considered essential to good rescuemanship and safety of life.
(d) The captain shall see that complete records are kept of all rescue calls performed, apparatus and minor equipment, personnel and other information about the work of the department.
(e) The captain shall report upon the request of the mayor and council the conditions of the apparatus and equipment; the number of rescue calls during the month, their location and cause, and the date of same; the number and purpose of all other runs made; and the number of members responding to each rescue call; and any changes in membership.
(f) The captain shall make a complete annual report to the council within one month after the close of the fiscal year.
(Ord. of 6-4-90, § 1)
Sec. 16-29. Equipment.
(a) The rescue squad and emergency medical services department shall be equipped with such apparatus and other equipment as may be required from time to time to maintain its efficiency to protect life and the safety of the sick and victims of accidents.
(b) Recommendations of apparatus and equipment needed shall be made to the mayor and council by the captain and on approval by the council shall be purchased by the captain.
(c) All equipment and apparatus of the department shall be safely and conveniently housed in such places as may be designated by the council.
(d) No person shall use any rescue equipment or apparatus for any private purpose, nor shall any person willfully and without proper authority take away or conceal any article used in any way by the department.
(Ord. of 6-4-90, § 1)
Sec. 16-30. Right-of-way of vehicles.
All motor equipment and all personal cars of the rescue squad and emergency medical services department members shall have the right-of-way over all other traffic when responding to an alarm. The captain and assistant are hereby authorized to attach to their personal vehicles such warning devices and lights as allowed by law and to be used by them personally only when on official business. Other members of the department are hereby authorized to attach to vehicles such warning devices as allowed by law, used by them in responding to rescue calls.
(Ord. of 6-4-90, § 1)
Cross References: Traffic and vehicles, ch. 34.
State Law References: Approach of police, fire or rescue vehicles, G.S. 20-157.
Sec. 16-31. Insignia attached to vehicles.
Each member of the rescue squad and emergency medical services department shall be issued a suitable insignia to be attached to their vehicles used in responding to rescue calls. On severance from the department, the insignia shall be returned to the captain.
(Ord. of 6-4-90, § 1)
Sec. 16-32. Interference with members.
No person shall in any way hinder or delay members of the rescue squad and emergency medical services department in responding to a rescue call or hinder the department or any of its members while discharging their duties as rescue persons.
(Ord. of 6-4-90, § 1)
Sec. 16-33. Liability of members.
The individual members and officers of the rescue squad and emergency medical services department shall not be liable for any damage resulting from use and operating of apparatus and equipment.
(Ord. of 6-4-90, § 1)
Sec. 16-34. False alarms.
No person shall turn in a false alarm unless there is a reasonable basis to suspect mandatory rescue services.
(Ord. of 6-4-90, § 1)
State Law References: False ambulance requests, G.S. 14-286.1.
Secs. 16-35--16-55. Reserved.
ARTICLE III.
HAZARDOUS MATERIAL*
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* Cross References: Restrictions on possession, transportation and transfer of dangerous weapons and substances, § 14-31.
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DIVISION 1.
GENERALLY
Secs. 16-56--16-65. Reserved.
DIVISION 2.
EMERGENCY RESPONSE
Sec. 16-66. Definitions.
The following words, phrases and terms when used in this division shall have the meanings ascribed to them in this section and applicable regulations of the U.S. Environmental Protection Agency and the North Carolina Department of Environment, Health and Natural Resources except where the context clearly indicates a different meaning:
Having control over means but is not limited to any person using, transporting a hazardous material immediately prior to release of the hazardous material onto the land or into the air or the waters of the county.
Hazardous material means any substance which, when discharged in any quantity, may present an eminent and substantial danger to the public health or welfare or to the environment.
Hazardous material response means the sending of fire department or its agents, personnel or equipment to abate, control or remedy the spread of hazardous materials which endanger the health or safety of persons or the environment.
Person means individuals, firms, partnerships, associations, institutions, corporations, local governments and governmental agencies.
(Ord. of 5-6-91, § 1(A))
Cross References: Definitions generally, § 1-2.
Sec. 16-67. Purpose and authority.
(a) The fire chief or his designee shall have the authority to summarily abate, remedy or control the spread of hazardous materials which are emitted into the environment in such a manner as to endanger the health or safety of the general public or the environment.
(b) The fire chief shall have the authority to enter public or private property, with or without owner's consent, to respond to such hazardous materials emergencies.
(c) The fire chief or his designee shall determine the type, amount and quantity or equipment and personnel required to adequately abate, remedy or control the spread of all hazardous materials which are emitted into the environment.
(Ord. of 5-6-91, § 1(B))
Sec. 16-68. Responsibility, financial liability for emergency response.
The property owner and/or the person exercising control over the hazardous materials that create the hazardous materials emergency shall be held financially liable for the response, abatement, control and remedial costs incurred by the town or its agents during the emergency. The property owner shall comply with the requirements of the town or its agents in abatement, removal, control and remedial measures associated with the hazardous material emergency. Assistance shall consist of any or all of the following:
- Comply with the direction of the town fire chief.
- Supply emergency response plan information for the site.
- Supply emergency response equipment, personnel and materials available on the site.
(Ord. of 5-6-91, § 1(C))
Sec. 16-69. Fees and charges.
(a) The fees and charges for hazardous materials emergency response on behalf of the town or its agents shall be established by the town council from time to time and set forth in the schedule of fees and charges, a copy of which shall be maintained in the office of the fire department and the town hall, and shall contain a schedule of types and amounts of charges authorized.
(b) The charges for hazardous materials emergency response on behalf of the town council or its agents shall be based upon the following schedules:
- Engine company response shall be the amount established by the council for each hour or any part thereof.
- Additional engine company response shall be the amount established by the council for each hour or any part thereof.
- Hazardous materials units response shall be the amount established by the council for each hour or any part thereof.
- Truck company response shall be the amount established by the council for each hour or any part thereof.
- Fire/medic squad response shall be the amount established by the council for each hour or any part thereof.
- Fire chief response shall be the amount established by the council for each hour or any part thereof.
- Any other actual costs of abatement, control, removal or remediation of the hazardous materials other than set out above, including but not limited to the costs or services rendered by the town, other departments or outside contractors or agents acting on behalf of the town.
(Ord. of 5-6-91, § 1(D); Ord. of 5-6-91(2))
Sec. 16-70. Payment of costs.
(a) Upon completion of response to a hazardous materials emergency by the town or its agents under the provisions of this division, the town shall thereupon mail or deliver to the owner of and/or the person having control over the hazardous materials that created the emergency a billing covering the costs of response, including but not limited to abatement, remediation, control and removal.
(b) As provided for in G.S. 160A-193, the amount of the bill shall become a lien upon the property, land or premises where the hazardous materials emergency arose, and if not paid within 30 days shall be collected in the same manner as provided for the collection of delinquent or unpaid taxes.
(Ord. of 5-6-91, § 1(E))