Pomona Municipal Code § 14-205 Cost recovery

Footnotes:

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State Law reference— DUI emergency response cost recovery, Government Code § 53150 et seq.

For the purpose of this division, certain words and phrases used in this division are defined as set forth in this section. Unless apparent from the content of a word or phrase, certain words not specifically set forth by this division shall have the meaning ascribed by Government Code title 5, div. 2, pt. 1, ch. 1, art. 8 (Government Code § 53150 et seq.).

Driving under the influence (DUI) means when, as a result of drinking an alcoholic beverage or using a drug or both, one's physical or mental abilities are impaired to a degree that one no longer has the ability to operate a motor vehicle with the caution characteristic of a sober person under the same or similar circumstances. For purposes of potential cost recovery cases, the condition of being under the influence of an alcoholic beverage, drug, or both shall be evidenced by (i) the objective symptoms observed by the arresting police officer, and (ii) the chemical test results showing that driver has a blood alcohol content of 0.08 percent or above or is tested positive for drugs.

Emergency police response means any police action reasonably taken in responding to a traffic incident associated with the negligent or intentionally wrongful operation of a motor vehicle by a person driving under the influence, including but not limited to such police actions as the use of emergency equipment by police personnel.

Emergency response costs means the cost of police personnel, facilities or equipment reasonably attributed to police activities or services made in response to a traffic incident associated with the negligent or intentionally wrongful operation of a motor vehicle by a person driving under the influence.

Intentional wrongful operation of a motor vehicle shall be evidenced by:

(1) Conduct intended to injure another person or property as further described in Government Code § 53156(c);

(2) Evading arrest where the conduct is intended to injure another person or property; and/or

(3) Police pursuits involving the ramming or attempt to ram a police vehicle or other property.

Negligent operation of a motor vehicle shall be evidenced by (i) a traffic incident or collision involving a DUI driver, or (ii) a situation where the DUI driver commits a hazardous moving violation as defined by the Vehicle Code, including but not limited to speeding or failure to yield for a red light, and where the traffic incident, collision or hazardous moving violation is proximately caused by the action of the DUI driver.

(Ord. No. 3943, § 1(22-151), 2-4-2002)

Cross reference— Definitions generally, § 1-2.

The purpose of this division is to allow the police department to recover costs associated with emergency police responses to incidents involving the negligent or intentionally wrongful operation of a motor vehicle caused by any person who is under the influence of alcohol, drugs, or both, as authorized by Government Code title 5, div. 2, pt. 1, ch. 1, art. 8 (Government Code § 53150 et seq.). This division shall not limit the city's rights or remedies with regard to any other lawful means available for the recovery of costs or damages.

(Ord. No. 3943, § 1(22-150), 2-4-2002)

Any person who is found to be driving under the influence or whose negligent or intentionally wrongful operation of a motor vehicle results in emergency police response shall be liable for the reimbursement of the expenses or costs incurred by the police department or other city agency as a result of the emergency response. The amount of reimbursement shall not exceed the maximum amount authorized under Government Code § 53155.

(Ord. No. 3943, § 1(22-152), 2-4-2002; Ord. No. 4121, § 1, 6-20-2009)

For purposes of this division, the emergency response costs of the police department, which are subject to reimbursement, shall include the following:

(1) Police personnel cost at an hourly rate depending on the rank of the officer attending the incident.

(2) Actual costs for blood alcohol drawing at a minimum rate set by resolution of the city council for each blood draw.

(3) The fee associated with each individual booked into the county jail facility.

(4) The actual cost of any medical treatment required by a police officer for injuries sustained during a police response pursuant to this division.

(5) The actual cost of repairing or replacing any city equipment or property damaged or destroyed during an emergency police response, pursuant to this division.

(6) The actual cost of storing impounded evidence or personal property as determined by police department policies and approved by city council resolution.

(Ord. No. 3943, § 1(22-153), 2-4-2002)

The police chief shall provide the person driving a motor vehicle under the influence, pursuant to this division, with an itemized statement of the applicable reimbursable emergency response costs authorized under this division. The person responsible shall have 30 days from the mailing of the statement to reimburse the city for the emergency response costs, with installment payments deemed to be acceptable. Should the person responsible fail to make payment within the 30-day period, the account will be considered delinquent and will be forwarded to the city attorney's office to proceed with any and all remedies available for the collection of the amount due to the city.

(Ord. No. 3943, § 1(22-154), 2-4-2002)