Corning Municipal Code Ch. 3.36 Emergency Response Cost Recovery

In accordance with the authority vested in the city of Corning by state statute, any person who is under the influence of any alcoholic beverage or any drug, or under the combined influence of any alcoholic beverage and any drug, whose negligent operation of a motor vehicle, boat, vessel, or aircraft caused by the influence proximately causes any incident resulting in an appropriate emergency response, and any person whose intentionally wrongful conduct proximately causes any incident resulting in an appropriate emergency response, is liable to the city for the expense of the emergency response to the incident.

(Ord. 486 (part), 1989).

For the purpose of this chapter, a person is under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any drug, when as a result of consuming an alcoholic beverage or drug, or both, his or her physical or mental abilities are impaired to a degree that he or she no longer has the ability to 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. For the purposes of this chapter, the presumptions prescribed in Sections 23152 and 23155 of the California Vehicle Code shall apply.

(Ord.486 (part), 1989).

The expense of an emergency response shall be charged against the person liable for the expense under this chapter. The charge constitutes a debt of that person and is collectible by the city of Corning in the same manner as in the case of an obligation under a contract, expressed or implied. In no event shall a person's liability under this chapter exceed the amount specified in Government Code Section 53155 or other applicable statutes.

(Ord. 486 (part), 1989).