Arroyo Grande Municipal Code Ch. 3.32 Emergency Response Fees

A. The following guidelines and procedures are established for implementation and administration of Title 5, Division 2, Part 1, Chapter 1, Article 8 of the California Government Code, entitled "Costs of Emergency Response" (Paragraphs 53150 et seq.), as it may be amended from time to time.

1. All city line departments (police, fire, public works, etc.) participating in emergency responses to any incident involving a person under the influence of alcohol or drugs, or a person whose conduct is intentionally wrongful, while operating a motor vehicle, boat or civil aircraft, shall log all personnel time, equipment time and use, and all incidental costs involved in such emergency response.

2. The costs to the city for all such personnel time, equipment use and incidental items shall be reported by each department, within ten (10) days thereafter, to the city manager, including, without limitation,

a. All direct wage costs for all department personnel so involved, including the department head;

b. All equipment costs, including reasonable depreciation or standard industry hourly rental amount, plus the cost of all incidental materials and supplies involved in the emergency response;

c. The department head responsible for determining that the person causing the incident was under the influence of alcohol and/or drugs, or that the person's conduct was intentionally wrongful, shall be responsible for coordinating the preparation and furnishing of the departmental reports to the city manager.

B. The provisions hereof shall be applied uniformly against all such persons charged with a Penal Code, Vehicle Code, Health and Safety Code or other state law statutory violation; no city official other than a majority of the city council shall have authority to reduce or cancel the debt obligation after criminal charges arising from the incident have been approved by the district attorney.

C. The debt obligation in this section shall only be excused or cancelled upon an explicit verdict or finding by a court, or by the city council after a duly noticed public hearing, that the person did not cause the incident, or that the person was not under the influence of alcohol and/or drugs and the person's conduct was not intentionally wrongful at the time of the incident.

D. All judicial actions for judgment and collection of the debt obligation in this section shall be filed in the San Luis Obispo County municipal court, small clams division, Grover City, California.

E. All moneys collected shall be placed in the city's general fund and shall be included in city budget projections.

(Prior code § 3-7.01)