Port Hueneme Municipal Code § 3999.12 Collection of enforcement costs

Footnotes:

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Editor's note— Ord. No. 745, § 2, adopted September 17, 2018, set out provisions intended for use as §§ 4000—4003. For purposes of classification, and at the editor's discretion, these provisions have been included as §§ 3999.10—3999.13.

City of Port Hueneme desires to encourage careful and responsible conduct by operators of motor vehicle and to discourage the operation of motor vehicles by operators under the influence of alcohol, drugs, or any combination thereof; discourage the filing of false police reports that result in appropriate emergency responses; and discourage intentional wrongful operation of a motor vehicle. Negligent operation of a motor vehicle and filing of false police reports are intentional, wrongful conduct, which imposes a unique burden on City services for which those responsible should incur a share of that burden.

(Ord. No. 745, § 2, 9-17-18)

Pursuant to the authority vested in the City by California Government Code Sections 53150—53159, any person:

(a) Who is under the influence of an alcoholic beverage or any drug, or the combined influence thereof, whose negligent operation of any motor vehicle, boat, vessel, or civil aircraft caused by that influence proximately causes any incident resulting in an appropriate emergency response, is liable for and shall pay to the City the expense of such an emergency response.

(b) Eighteen (18) years of age or older who is convicted of making a false police report, in violation of California Penal Code Section 148.3, and that false police report proximately causes an appropriate emergency response, is liable for and shall pay to the City the expense of such an emergency response.

(c) Who intentionally, knowingly, and willfully enters into any area, by any means of travel, that is closed or has been closed by competent authority for any reason, or an area that a reasonable person under the circumstances should have known was closed to the public, is liable and shall pay to the City for search and/or rescue of that person, any passengers, plus the expenses for the removal of any inoperable vehicle.

(d) Who drives a vehicle on a public street or highway that is temporarily covered by a rise in water level, including groundwater or overflow of water, and that is barricaded by means of posting a sign, placing a barricade, a restraining or retaining wall, roping off an area, or other device, is liable and shall pay to the City for search and/or rescue of that person, any passengers, plus the expenses for the removal of any inoperable vehicle.

(e) Who is liable under this Section shall not incur liability for costs and expenses exceeding the maximum allowable under State statute.

(Ord. No. 745, § 2, 9-17-18)

The expense or cost of an emergency response shall be charged against the person liable for the expense or cost under this Chapter. The charge for the emergency response shall constitute a debt of the liable person, which shall be established by resolution of the City Council and is collectible in the same manner as an obligation arising out of a contract, express or implied. The parent or parents of a minor liable under Section 4001 of this Chapter shall be responsible for the debt of the minor.

(Ord. No. 745, § 2, 9-17-18)

The procedures for the implementation of this Chapter shall be established by resolution of the City Council.

(Ord. No. 745, § 2, 9-17-18)