Camarillo Municipal Code Ch. 11.72 Cost Recovery of Police Services for Emergency Responses from Driving…

A. Driving under the influence of alcohol and drugs leads to accidents and other situations in which there arises a need for emergency responses by the city's police department.

B. The legislature has provided statutory authority for the city to recover costs incurred for emergency responses by police for incidents resulting from the negligent operation of a motor vehicle when said negligent operation is caused by the person being under the influence of an alcoholic beverage or drug.

C. The municipal court judges of Ventura County have formally adopted a procedure for ordering defendants to pay for emergency responses resulting from driving under the influence accidents.

D. The Ventura County sheriff's department, which provides police services to the city on a contract basis, has established a procedure to track the costs of police emergency responses.

E. The intent and purpose of this chapter is to ensure the health, safety and welfare of the citizens of Camarillo and to ensure that citizens of the city do not incur costs for police emergency responses to driving under the influence accidents. In order to do so, it is necessary to implement procedures to recover costs for police emergency response services.

(Ord. 700 § 1 (part), 1989.)

The following words and phrases shall have the following meanings:

A. "Costs" means reasonable costs incurred by the city in making an emergency response to the incident that directly arise because of the incident and shall include, but not be limited to:

1. The costs of providing police services at the scene of the incident;

2. The salaries of the personnel responding to the incident;

3. Materials used in responding to the incident; and

4. Any damage to property of the city, the county, or the police officer as a result of responding to the incident.

B. "Driving under the influence" means when as a result of drinking an alcoholic beverage or using a drug, or both, a person's physical or mental abilities are impaired to a degree that he or she no longer has the ability to operate a motor vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances. For purposes of the chapter, the presumptions described in Sections 23152 and 23155 of the California Vehicle Code shall apply, as the same may be amended from time to time.

C. "Emergency response" means immediate action by a police officer of the city necessary for the preservation of peace and safety.

D. "Motor vehicle" means any vehicle which is self-propelled.

E. "Responsible party" means that person who is found to be driving under the influence.

(Ord. 700 § 1 (part), 1989.)

A. The city shall be reimbursed by the responsible party for all costs incurred for emergency response police services rendered as a result of the responsible party driving under the influence.

B. A responsible party's liability shall not exceed the maximum cost threshold, set forth by the California Government Code Section 53155, for the costs of an emergency response for a particular incident.

C. The method by which the city shall be reimbursed will be through those procedures set forth in this chapter as well as through the procedures adopted by the judges of the Ventura County municipal court, and the Ventura County sheriff's department, as the same may be amended from time to time.

(Ord. 700 § 1 (part), 1989.)

(Ord. No. 2003, § 3, 1-11-2023)

A. The contact person for the city shall be the director of finance.

B. Payments shall be made to the department of finance of the city of Camarillo.

C. The director of finance or his designee shall be responsible for developing a payment tracking program to follow each case to its conclusion and shall also handle all notification and paperwork required for each case.

D. Whenever a defendant is forty-five days late with his payment, the director of finance, or his designee, shall notify the corrections service agency in writing. The notice shall be addressed to the probation officer and sent in care of Mr. Tom Forgea, or his successor. This notice shall include the balance owing.

(Ord. 700 § 1 (part), 1989.)

A. The contact person for the Ventura County sheriff's department shall be the commander or authorized designated agent.

B. The Ventura County sheriff's department, which provides police services to the city on a contract basis, shall use its established procedures to track costs of police emergency responses, as the same may be amended from time to time.

(Ord. 700 § 1 (part), 1989.)