Morro Bay Municipal Code Ch. 3.40 Negligent Act Fees—cost Recovery

Footnotes:

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Editor's note— Former Chapter 3.40, Response and Enforcement Fees, was renamed by Ordinance 461, § 3.

The provisions of this chapter are established for the implementation of cost recovery procedures for the emergency response of police, fire, harbor and/or other city departments, as needed, to incidents caused by the negligent acts of drivers under the influence of alcohol and/or drugs, or drivers whose conduct is intentionally wrongful in the operation of vehicles, boats or aircraft.

(Ord. 444 (part), 1995)

As used in this chapter:

"Costs" means all direct personnel costs of city personnel, all equipment costs including reasonable depreciation or standard industry hourly rental amount, plus the cost of all incidental material and supplies involved in the appropriate city response to an incident and any criminal justice administration fees established pursuant to Government Code Section 29550, imposed upon the city by San Luis Obispo County or is a result of the booking and processing of an arrestee.

"Emergency response" means the appropriate level of response to a pressing necessity or exigency caused by an event or combination of circumstances calling for immediate action or remedy to avert imminent danger to life, health, or property.

"Under the influence" means that a person is under the influence of alcohol, drugs or any combined influence of alcohol and drugs to the point that his/her physical and mental abilities are impaired to a degree that he/she no longer has the ability to operate any vehicle, boat or vessel with the caution characteristic of a sober person. For purposes of this chapter, the presumptions described in California Vehicle Code Sections 23140(a), 23152(b), and 23155(a)(3) shall apply.

"Vehicle" refers to any device described pursuant to California Vehicle Code Section 670 and being operated upon the highway or elsewhere throughout the city unless expressly provided otherwise.

"Vessel" refers to every description of watercraft used or capable of being used as a means of transportation on water and described pursuant to California Vehicle Code Section 9840.

(Ord. 444 (part), 1995)

The following guidelines and procedures are established for implementation and administration of Title 5, Division 2, Part 1, Chapter 1, Article 8 of the California Government Code entitled "Costs of Emergency Response" (Sections 53150 et seq.) as it may be amended from time to time:

A. All city departments, including police, fire, harbor and public works, that participate on any emergency response to any incident that is the result of the negligent act(s) of an individual operating a vehicle, boat or vessel, or aircraft while under the influence of alcohol, drugs, or any combination of alcohol and drugs, or is the result of the intentional wrongful conduct of an individual which proximately causes any incident resulting in an appropriate emergency response, shall document and log all personnel time, equipment time and use, and all incidental costs involved in such appropriate emergency response.

(Ord. 444 (part), 1995)

The costs to the city for all such personnel time, equipment use, and incidental items shall be reported by each department within ten days to the city administrator or his/her designee. The reporting department head responsible for determining that the person causing the incident was under the influence of alcohol and/or drugs, or that said person's conduct was intentionally wrongful and negligent, shall be responsible for coordinating the preparation and furnishing of the appropriate reports.

(Ord. 444 (part), 1995)

A. The provisions of this chapter shall be applied uniformly against all such persons charged with a Penal Code, Vehicle Code, Health and Safety Code or other state or municipal code statutory violation; no city official shall have authority to reduce or cancel the debt obligation after criminal charges have been approved by the district attorney or city attorney.

B. The debt obligation imposed in this chapter shall only be excused or canceled upon an explicit verdict or finding by a court, that the person did not cause the incident, was not the proximate cause or responsible party for the incident, or that the person was not under the influence of alcohol and/or drugs at the time of the incident.

(Ord. 444 (part), 1995)

All response costs which the city may recover related to incidents for driving, boating or flying under the influence shall not be in excess of twelve thousand dollars for each incident as specified in Government Code Section 53155. The City shall have the option to pursue any other legal remedies for recovery when such costs exceed twelve thousand dollars per response.

(Ord. 444 (part), 1995)

(Ord. No. 591, § 1, 1-13-15)

A. The amount of all costs established pursuant to this chapter shall be deemed a debt owed to the city by the person or persons responsible. Any person required to pay such costs shall be liable in an action brought in the name of the city for recovery of such costs, including reasonable attorney's fees.

B. All judicial actions for judgment and collection of the debt obligation in this chapter shall be filed in the San Luis Obispo County Municipal Court, small claims division, at San Luis Obispo, California.

(Ord. 444 (part), 1995)

All moneys collected under the provisions of this chapter shall be deposited in the city's General Fund, and shall be included in city budget projections.

(Ord. 444 (part), 1995)