Pismo Beach Municipal Code Ch. 3.36 Emergency Response and Enforcement Fees

The provisions of this chapter are established for the 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. (Ord. 88-02 § 1 (part), 1988: prior code § 3.36.010)

All city line departments, including police, fire, public services et cetera, participating in emergency responses to any incident involving a person under the influence of alcohol or drugs, or a person whose conduct is intentionally wrongful, while operating a motor vehicle, boat or civil aircraft, shall log all personnel time, equipment time and use, and all incidental costs involved in such emergency response. (Ord. 88-02 § 1 (part), 1988: prior code § 3.36.020)

A. The costs to the city for all such personnel time, equipment use, and incidental items shall be reported by each department within ten days thereafter to the city manager, including, without limitation:

1. All direct wage costs for all department personnel so involved including the department head;

2. All equipment costs, including reasonable depreciation or standard industry hourly rental amounts, plus the cost of all incidental materials and supplies, involved in the emergency response;

3. All costs associated with the recovery and attempted recovery of the fees to include, but not limited to, administrative processing costs, costs of contracting a recovery agency who will attempt recovery of the fees, and court costs.

B. The department head responsible for determining that the person causing the incident was under the influence of alcohol and/or drugs, or that the person's conduct was intentionally wrongful, shall be responsible for coordinating the preparation and furnishing of the departmental reports to the city manager. (Ord. 92-12 § 1, 1992; Ord. 88-02 § 1 (part), 1988: prior code § 3.36.030)

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 law statutory violation; no city official other than a majority of the city council shall have authority to reduce or cancel the debt obligation after criminal charges arising from the incident have been approved by the district attorney.

B. The debt obligation imposed in this chapter shall only be excused or canceled upon an explicit verdict or finding by a court, or by the city council after a duly noticed public hearing, that the person did not cause the incident or that the person was not under the influence of alcohol and/or drugs and the person's conduct was not intentionally wrongful at the time of the incident. (Ord. 88-02 § 1 (part), 1988: prior code § 3.36.040)

A. 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 Grover City, California.

B. All moneys collected shall be placed in the city's general fund, and shall be included in city budget projections.

C. After an attempt to collect the debt by the city to no avail, the debt may be turned over to a collection agency. Collection fees charged by the collection agency will be added to the debt. (Ord. 92-12 § 2, 1992; Ord. 88-02 § 1 (part), 1988: prior code § 3.36.050)

As used in this chapter the following words shall have the following respective meanings:

"Boat" means 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.

"Civil aircraft" means every description of aircraft used or capable of being used as a means of transportation in the air and described pursuant to Revenue and Taxation Code Section 5303.

"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 as 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 events calling for immediate action or remedy to avert imminent danger to life, health or property.

"Motor vehicle" means 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.

"Under the influence of alcohol or drugs" 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 purpose of this chapter, the presumptions described in California Vehicle Code Sections 23140, 23152 and 23155 shall apply. (Ord. 95-13 § 1, 1995)