Chowchilla Municipal Code Ch. 9.28 Cost Recovery for Emergency Response to Alcohol and/or Drug Related…

It is the intent of this chapter for the city to recover the expenses of an emergency response to any incident involving persons who operate a motor vehicle, a boat or vessel, or a civil aircraft while under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any drug, as authorized under Government Code Sections 53150—53158.

(Ord. 391-95 § 3 (part), 1995)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them herein:

"Alcoholic beverage" includes alcohol, spirits, liquor, wine, beer any liquid or solid containing alcohol, spirits, wine or beer, and which contain one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.

"Drug" includes any controlled substance or immediate precursor which is listed in any schedule in California Health and Safety Code Section 11054, 11055, 11056, 11057 or 11058.

"Expense of a police response" means the costs incurred by the city in responding directly to an incident involving persons who operate a motor vehicle, a boat or vessel, or a civil aircraft while under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any drug. It includes the cost of providing police, fire-fighting, rescue and emergency medical services, together with the salaries of the responding police personnel, damages and clean up to city property injuries to city personnel.

"Vehicle" means a device by which any person or property which may be propelled or moved, including, but not limited to, a motor vehicle, a boat or vessel, or a civil aircraft.

(Ord. 391-95 § 3 (part), 1995)

A. A person who operates a vehicle, while under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any drug, whose negligent operation of the vehicle caused by that influence proximately causes any incident resulting in an appropriate emergency response, and any person whose intentional wrongful conduct proximately causes any incident resulting in an appropriate emergency response, is liable for the expense of the police response.

B. The expense of police response is a charge against the person liable for the expense. If the person liable is a minor, the parents or guardian of the minor are liable.

C. The charge is a debt and the city may collect the debt in the same manner as in the case of an obligation under an express or implied contract or in accordance with the procedures set forth for recovery of nuisance abatement actions in Chapter 1.20 of this code or as otherwise authorized by law. The debt bears interest at the rate of ten percent a year. Interest accrues from the due date stated on the billing.

(Ord. 391-95 § 3 (part), 1995)

(Ord. No. 483-17, § 15, 6-27-2017)

The liability under this chapter for the expense of police response may not exceed one thousand dollars.

(Ord. 391-95 § 3 (part), 1995)

The testimony, admission or statement made by a person in a proceeding to collect the expense of a police response is not admissible in a criminal proceeding arising out of the same incident.

(Ord. 391-95 § 3 (part), 1995)