Amending Chapter 9 Entitled Limited Fee Exemptions for Emergencies Involving Local Units of Government Gvoerned by Mutual Aid Agreement

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South Bend Fire Department Hazmat & Tactical Team User Fee Ordinance Page 2 Sec. 9 -30 Limited Fee Exemptions for Emergencies Involving.Local Units of Government Governed by Mutual Aid Agreement. Section I. Chapter 9, Article 5 of the South Bend Municipal Code is amended to read in its entirety as follows: (a) Definitions: As used in this Article, the following definitions apply: (1) Emergency shall mean any occurrence, or threat thereof, whether natural or caused by man, in war or in peace, which results or may result in substantial injury or harm to the population, substantial damage to or loss of property, or substantial harm to the environment and is beyond the capacity of an individual jurisdiction to effectively control. (2) Mutual Aid shall mean a prearranged written agreement and plan whereby assistance is requested and provided between two or more jurisdictions during a designated emergency under terms of the District 2 Mutual Aid Inter -Local Government Agreement. (b) The user fees for the South Bend Fire Department's Hazardous Materials Team set forth in Section 9 -26 and the user fees for the South Bend Fire Department's Tactical Rescue Team (TRT) set forth in Section 9 -27 of this Article shall not be charged for mutual aid services provided by such teams to a local unit of government who is governed by the District 2 Mutual Aid Inter -Local Government Agreement during an emergency. Sec. 9 -31 Through Sec. 9 -33 Reserved for Future Use. Section II. If any section, subsection, sentence clause or phrase of this Article is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, legal publication. )IJeLiak& Council Member Derek D. Dieter Health & Public Safety Committee Chairperson Council Member at Large of the Common Council