7.05.060 Liability for emergency responses related to use of fireworks – Definitions.
(A) A person who uses, discharges, or ignites permissible consumer fireworks, fireworks, or anything that is designed or intended to rise into the air and explode or to detonate in the air or to fly above the ground, is liable for the expenses of any emergency response that is required by such use, discharge or ignition. The fact that a person is convicted or found responsible for a violation(s) of this chapter is prima facie evidence of liability under this section.
(B) The expenses of an emergency response are a charge against the person liable for those expenses pursuant to subsection (A) of this section. The charge constitutes a debt of that person and may be collected proportionately by the public agencies, for-profit entities, or not-for-profit entities that incurred the expenses. The person’s liability for the expense of an emergency response shall not exceed two hundred fifty thousand dollars ($250,000.00) for a single incident. The liability imposed under this section is in addition to and not in limitation of any other liability that may be imposed.
(C) For the purposes of this section:
Expenses of an emergency response: Reasonable costs directly incurred by public agencies, for-profit entities or not-for-profit entities that make an appropriate emergency response to an incident.
Reasonable costs: Includes the costs of providing police, firefighting, rescue and emergency medical services at the scene of an incident and the salaries of the persons who respond to the incident. (Ord. No. 2010-16, § 1, 9-21-10; Ord. No. 2014-06, §§ 1 – 3, 11-4-14; Ord. No. 2015-04, §§ 1 – 4, 6-2-15; Ord. No. 2020-06, § 1, 12-1-20. 1976 Code § 10-1-25(F))