Woodlake Municipal Code Ch. 3.28 Recovery of Emergency Response Costs

Any person 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 caused by that influence proximately causes an incident resulting in an appropriate emergency response, and any person whose intentionally wrongful conduct proximately causes any incident resulting in appropriate emergency response, is liable for the expense of an emergency response by the city police department to the incident.

(Ord. 426 § 1, 1988)

For purposes of this chapter, a person is under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any drug, when as the result of drinking an alcoholic beverage or using a drug, or both, his or her physical or mental abilities are impaired to a degree that he or she no longer has the ability to operate a motor vehicle with a caution characteristic of a sober person or ordinary prudence under the same or similar circumstances. For purposes of this chapter the presumption as described in Sections 23152 and 23515 of the California Vehicle Code shall apply.

(Ord. 426 § 2, 1988)

"Intentionally wrongful conduct" is defined as that conduct intended to injure another person or property, whether or not in the operation of a motor vehicle.

(Ord. 426 § 5, 1988)

The expense of an emergency response shall be a charge against the person liable for expenses under this chapter. The charge constitutes a debt of that person and is collectible by the city in the same manner as in the case of an obligation under a contract, express or implied. Any action brought on behalf of the city under this chapter may be brought in small claims court by the city's finance director, or his designee, if appropriate. Those actions not appropriate for small claims court may be brought by the city attorney on behalf of the city.

(Ord. 426 § 3, 1988)

Upon adoption of this chapter the city council shall, by resolution, determine a schedule of costs which reflect reasonable costs incurred by the police department in making an appropriate emergency response to an incident to which this chapter shall apply. This schedule of costs shall take into consideration those costs directly arising because of the response to the particular incident and shall include primary costs of providing police and other emergency personnel at the scene of the incident, including the salaries of the personnel responding to the incident, and those secondary costs relating to generation of reports of the particular incident, as well as fingerprinting and photographing the person liable, including the salaries of the personnel involved in the secondary activities. The council may, from time to time, revise the schedule of costs by resolution.

(Ord. 426 § 4, 1988)