San Joaquin County Municipal Code Ch. 3 Emergency Response Cost Recovery Program

The San Joaquin County Board of Supervisors finds and declares the following:

(1) It is the policy of San Joaquin County to discourage the operation of a boat or vessel while under the influence of alcohol and/or drugs.

(2) It is the policy of San Joaquin County to encourage careful and responsible conduct by persons operating a boat or vessel.

(3) Operating a vessel under the influence of alcohol and/or drugs is intentional wrongful conduct.

(4) Intentional wrongful conduct by persons who operate a boat or vessel imposes a burden upon County services above and beyond the regular services normally required for marine law enforcement.

(5) Persons who willfully conduct themselves in a manner which imposes an extraordinary burden on public resources should bear a share of that burden.

(6) The establishment of an Emergency Response Cost Recovery Program is of the utmost importance to the promotion of the general welfare and safety of the people of San Joaquin County because it is designed and intended to encourage the safe operation of a boat or vessel by requiring such persons to pay part of the cost to the County for responding to incidents caused by their intentional wrongful conduct.

(Ord. No. 4380A, § 1, 9-8-2009)

There is hereby established an Emergency Response Cost Recovery Program (hereinafter "Program") in accordance with California Government Code Sections 53150-53158, or as hereinafter amended, which allows for the collection of emergency response costs against:

(1) Any persons whose negligent operation of a boat or vessel while under the influence of an alcoholic beverage or drug proximately causes any incident resulting in any emergency response by the San Joaquin County Sheriff's Office; and

(2) Any person whose intentional wrongful conduct while in the operation of a boat or vessel proximately causes any incident resulting in an emergency response by the San Joaquin County Sheriff's Office.

(Ord. No. 4380A, § 1, 9-8-2009)

For the purpose of this part, unless the context clearly requires a different meaning, the words, terms and phrases hereinafter set forth shall have the meanings given them in this Section:

(a) "Operator" means any person who operates a boat or vessel, and when so operating, is subject to the law and any duty imposed by law in the operation of said boat or vessel.

(b) "Program Manager" means the Administrative Lieutenant of Patrol of the San Joaquin County Sheriff's Office or a designated representative.

(c) "Intentional Wrongful Conduct" means conduct intended to injure another person or property.

(d) "Incident" means a situation proximately caused by any operator 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 boat or vessel, caused by that influence results in an emergency response.

(e) "Emergency Response" means the incident necessitated the use of emergency lights and siren by police or fire units responding to the incident.

(Ord. No. 4380A, § 1, 9-8-2009)

(a) An operator arrested for driving under the influence of alcohol and/or drugs (BUI) will be billed only if all of the following criteria are met:

(1) Operating a boat or vessel under the influence of alcohol and/or drugs is evidenced by objective symptoms observed by the arresting officer and either a refusal by the operator to submit to a chemical test, or a blood, breath or urine test at or above the legal limit of 0.08 percent alcohol level as designated by the Harbors and Navigations Code section 655, or at or above the legal limit established for being under the influence of a controlled substance; and

(2) Negligent operation of a boat or vessel, is evidenced by either a collision or the commission of a moving violation as defined under Harbor and Navigations Code Sections 650, et seq.; and

(3) The incident evidenced by an accident or a moving violation was proximately caused by driving under the influence of alcohol and/or drugs; and

(4) The incident necessitated an emergency response by boating safety personnel.

(b) An operator arrested for other criminal acts resulting from intentional wrongful conduct while operating a boat or vessel will be billed only if one (1) or more of the following criteria is met:

(1) A boat or vessel was operated with the apparent intent to injure another person or property; or

(2) An operator attempts to evade arrest for acts involving operation of a boat or vessel, with conduct intended to injure another person or property; or

(3) An operator rammed or threatened to ram a law enforcement patrol vessel(s) or property in the course of attempting to evade arrest.

(c) The County will bill operators only for the direct costs to the County of emergency response and, if applicable, follow up investigation including but not limited to laboratory fees, costs of repairing or replacing County property damaged or destroyed due to the person's conduct, and the hourly salary, fringe benefits and overhead costs of the Deputy Sheriff(s) and other personnel who directly respond to an incident, prorated for the time it takes to complete the emergency response and participate in the follow up investigation at such rate as shall be fixed or established from time to time by resolution of the Board of Supervisors.

(d) The County will treat the emergency response costs as a civil debt of that person which is collectible by the County in the same manner as a contract obligation. Therefore, the County need not wait until there is a conviction before billing the operator.

(e) If the emergency response cost bill is not paid within thirty (30) days after the initial bill is mailed by the County or if arrangements are not made for partial payment during the thirty (30) day period, then the bill will be considered delinquent and may be referred to a collection agency.

(f) If an operator refuses to pay the County or collection agency, the County may pursue recovery as provided by law. This action will not be initiated until after the criminal charges have been adjudicated.

(1) As an alternative, in all appropriate cases, the County will seek to have payment of the bill imposed as a condition of probation.

(2) As an alternative, in all appropriate cases, where the operator has not made restitution, the County will request the Department of Motor Vehicles to place a hold on the operator's vessel registration.

(g) If the operator who has paid an emergency response cost recovery bill is acquitted of criminal charges after trial, the County will allow for reimbursement.

(Ord. No. 4380A, § 1, 9-8-2009)

Any

person receiving a bill may appeal the bill to the Program Manager within thirty (30) days of the billing date by filing with the Program Manager a written notice of appeal. The Program Manager will review the bill for accuracy. If the bill is found to be in error, then the bill will be corrected, or if appropriate, cancelled. The decision of the Program Manager shall be rendered within seventy-two (72) hours of the receipt of the written notice of appeal. Any bill still in dispute after being appealed to the Program Manager may then be appealed to the Department Head or his designee.

(Ord. No. 4380A, § 1, 9-8-2009)

Any person aggrieved by the decision of the Program Manager shall have the right to appeal the bill to the Patrol Division Captain by filing within five (5) days after the decision of the Program Manager a written notice of appeal setting forth the grounds thereof. The Patrol Division Captain, or a designated representative, shall fix the time and place of the hearing within fifteen (15) days following the filing of an appeal with the Program Manager. The appellant shall be given notice of said hearing at least ten (10) days prior to the hearing date. Said notice may be by personal service or by certified mail, return receipt requested.

At the time and place fixed in said notice, or at any time to which the matter may be continued by the mutual consent of the parties, the Patrol Division Captain, or a designee, shall hear the applicant and all witnesses together with any proper documentary evidence offered in support of the appeal. The Patrol Division Captain, or a designee, shall, at the conclusion of the hearing, make findings of fact based upon the evidence submitted and determine whether grounds exist for amending or canceling the bill. If from the evidence the Patrol Division Captain, or a designee, finds grounds exist for the amendment or cancellation of the bill, the amendment or cancellation thereof shall be ordered. If, following the hearing the Patrol Division Captain, or a designee, determines that no proper grounds exist for the amendment or cancellation of the bill, the appellant shall be ordered to pay the bill in full within thirty (30) days from that date.

Action taken by the Patrol Division Captain, or a designee, shall be final and conclusive.

(Ord. No. 4380A, § 1, 9-8-2009)