Banning Municipal Code Ch. 10.44 Emergency Response Cost Recovery Program

For the purpose of the emergency response cost recovery program, the following definitions shall apply:

"Expense of an emergency response" means those costs incurred by the city in making an appropriate emergency response to the incident, and shall include all costs directly arising because of the response to the particular incident including, but not limited to the costs of providing police fire fighting, rescue and emergency medical services at the scene of the incident, as well as the salaries of the personnel responding to the incident.

"Intentionally wrongful conduct" means behavior intended to injure a person, including self-inflicted injury, or property.

"Under the influence" shall have each of the following meanings:

1. That as a result of drinking an alcoholic beverage or using any drug, or both, a person's physical or mental abilities are impaired to a degree that the person no longer can operate a motor vehicle, boat, vessel or aircraft with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances; or

2. That a person has 0.08 percent, or more, by weight, of alcohol in his or her blood.

For purposes of this section, percent, by weight, of alcohol in a person's blood shall be based upon grams of alcohol per one hundred milliliters of blood or grams of alcohol per two hundred ten liters of breath.

It is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the incident giving rise to the claim under this section if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the incident.

(Code 1965, § 13-104.)

A. Pursuant to the authority vested in the city by California Government Code Section 53150, et seq., as amended, each person who is under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage or any drug, whose negligent operation of a motor vehicle, boat, vessel or aircraft, caused by that influence, proximately causes any incident resulting in an appropriate emergency response, and each person whose intentionally wrongful conduct proximately causes any incident resulting in an appropriate emergency response, is liable and shall pay to the city the expense of such emergency response.

B. In no event shall a person's liability under this chapter exceed the maximum allowable under state statute, and all costs assessed pursuant to this chapter shall reasonably relate to the actual cost of the expense incurred by the city.

(Code 1965, § 13-105.)

The expense of an emergency response shall be charged against the person liable for the expenses under this chapter. The charge constitutes a debt of that person to the city and is collectible by the city in the same manner as in the case of an obligation under a contract, expressed or implied.

(Code 1965, § 13-106.)