Chapter 3.60 — EMERGENCY RESPONSE COST RECOVERY FEE

California Government Code, Sections 53150 through 53158 inclusive, provides authority for the city to recover emergency response costs against any person who is 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 a motor vehicle, boat or vessel, or civil aircraft caused by that 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 for the expense of an emergency response by a public agency to the incident.

For purposes 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 drinking an alcoholic beverage or using a 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 or vessel, or aircraft with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances. For purposes of this article, the presumptions described in Sections 23152 and 23155 of the Vehicle Code shall apply.

(Ord. 595 §1, 2002: Ord. 446 § 1 (part), 2001: prior code § 8-81)

The chief of police or his or her designee will review all driving-under-the-influence (DUI) arrest reports and shall initiate appropriate billing documentation to be forwarded to the director of finance. Potential cost recovery cases shall be identified using the following guidelines:

A.

Driving under the influence of alcohol and/or drugs is evidenced by objective symptoms observed by the arresting officer and a blood, breath or urine test above the legal limit (eight one hundredths of a percent) alcohol level; and

B.

Negligent operation of a motor vehicle is evidenced by either an accident or the commission of a moving violation as defined under the vehicle code, Division 11; and

C.

The incident evidenced by an accident or a moving violation was proximately caused by driving under the influence of alcohol and/or drugs; and

D.

The incident necessitated an appropriate emergency response.

E.

A motorist arrested for other criminal acts resulting from intentionally wrongful conduct while operating a motor vehicle will be billed only if one or more the following criteria is met:

A motor vehicle was operated with apparent intent to injure another person or property; or

A motorist attempts to evade arrest for acts involving operation of a motor vehicle with conduct intended to injure another person or property; or

A motorist rammed or threatened to ram police vehicles or property in the course of attempting to evade arrest.

(Ord. 595 § 2, 2002: Ord. 446 § 1 (part), 2001: prior code 8-82)

A.

The city will bill motorists only for the direct costs to the city for the emergency response. In determining the proper charges consideration shall be given to the fact that all of the resources of the police department are involved in servicing these calls including personnel costs, court costs, vehicles, materials, supplies, utilities, etc. The police department operates twenty-four hours a day, three hundred and sixty-five days a year, therefore a per-minute operations cost figured on the department's total budget for the current fiscal year shall be used in calculating the cost of each emergency response.

B.

The police department will recover the costs based on the total number of minutes the agency spends in reasonably making an appropriate emergency response to the incident, but shall only include those costs directly arising because of the response to the particular incident.

C.

The costs to be recovered for an emergency response on behalf of the police department shall be established by and set forth in resolutions of the city council which shall be reviewed and amended from time to time.

(Ord. 595 § 3, 2002: Ord. 446 § 1 (part), 1990: prior code § 8-83)

A.

All emergency response costs shall be considered a civil debt of that person responsible and shall be collectible by the city in the same manner as a contract obligation.

B.

Collection is not conditioned upon a conviction of the responsible motorist. In the event of a dismissal of all charges or an acquittal after trial the city will reimburse the motorist.

(Ord. 446 § 1 (part), 1990: prior code § 8-84)

A.

All emergency response costs billed shall be paid within thirty days after the initial billing is mailed.

B.

The bill shall be considered delinquent if not paid within thirty days or no other arrangements have been made for partial payment during the thirty-day period. All delinquent bills may be referred to a collection agency hired by the city, or be recovered pursuant to an action in small claims court.

C.

No judicial action shall be initiated however until after criminal charges have been completely adjudicated.

(Ord. 459 § 6, 1991: Ord. 446 § 1 (part), 1990: prior code § 8-85)

All persons subject to billing pursuant to this chapter shall have a right to appeal to the chief of police within fifteen days of the date of receipt of the billing. The chief of police will review the bill for accuracy

and, if the bill is found to be in error, there will be a correction or appropriate recision. The final bill shall then be transmitted to the director of financing for final processing and collection.

(Ord. 446 § 1 (part), 1990: prior code § 8-86)