Newark Municipal Code Ch. 10.58 Emergency Response Cost Recovery Program

This title shall be known and may be cited as the "emergency response cost recovery ordinance of the city of Newark."

(Ord. 324 § 1 (part), 1996)

For purposes of this chapter, "emergency response" is defined to mean a set of circumstances that call for immediate action evidenced either by:

A. The intervention of a Newark police officer to prevent a motorist from continuing to drive while under the influence of alcohol or drugs by stopping the motorist during the course of his/her operation of the motor vehicle while under the influence of an alcoholic beverage or drug, or the combined influence thereof; or

B. The intervention of a Newark police officer firefighter, or paramedic in any incident resulting in property damage or personal injury to a motorist or caused by a motorist who is under the influence of any alcohol beverage or any drug or the combined influence thereof.

(Ord. 334 § 1 (part), 1997)

Pursuant to the authority vested in the city of Newark by California Government Code Section 53150-53158, each motorist 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, vessel, or aircraft caused by that influence proximately causes any incident resulting in an appropriate emergency response, or whose intentionally wrongful conduct proximately causes any incident resulting in an appropriate emergency response, shall become liable for and shall pay to said city the expense of such an emergency response. In no event shall a person's liability under this section exceed the maximum allowable under state statute.

(Ord. 324 § 1 (part), 1996)

The expense of an emergency response shall be charged against the motorist liable for the expenses under this section. The charge for the emergency response shall be established by resolution of the city council. The charge constitutes a debt of that motorist to the city of Newark, and is collectible by said city in the same manner as in the case of an obligation under a contract, expressed or implied.

Any motorist acquitted of, or receiving a dismissal of, all criminal charges arising out of the incident which resulted in the emergency response shall be reimbursed for the costs of said emergency response, unless there is a plea-bargained agreement with the District Attorney's Office which dismisses the charge in exchange for a plea of guilty or no contest to a lesser included offense.

(Ord. 324 § 1 (part), 1996)

The procedures for the implementation of an emergency response cost recovery program shall be established by the city council by resolution pursuant to this chapter.

(Ord. 324 § 1 (part), 1996)

Should any part, term, or provision of the ordinance codified in this chapter be decided by any court of competent jurisdiction to be illegal, unconstitutional, or in conflict with any law of the United States of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby.

(Ord. 334 § 1 (part), 1997)