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HomeMy WebLinkAboutResolution 91-176 06/17/1991`~~ 91-176 Resolution No. N C.S. 1 of the City of Petaluma, California 2 3 4 5 A RESOLUTION OF THE CITY COUAICIL OF THE CITY OF PETALUMA 6 FORMALLY ADOPTING PROCEDURES FOR THE IMPLEMENTATION 7 OF THE EMERGENCY RESPONSE COST RECO\1ERY PROGRAM 8 9 10 WHEREAS, it is the policy of the City of Petaluma to prohibit the operation of 11 motor vehicles, boats, vessels, and civil aircraft while under the influence of alcohol and/or 12 drugs; and 13 WHEREAS, it is the policy of the City of Petaluma to encourage careful and 14 responsible conduct by persons operating motor vehicles, boats, vessels, and civil aircraft; 15 and 16 WHEREAS, negligence and intentional wrongful conduct by persons who operate 17 motor vehicles imposes a burden upon City services above and beyond the regular services 18 normally required for traffic law enforcement; and 19 WHEREAS, persons who willfully and negligently conduct themselves in a manner 20 which imposes an extraordinary burden on the public funds should bear a share of that 21 burden; and 22 WHEREAS, the City of Petaluma has in effect a driving under the influence cost 23 recovery program (hereinafter "Program") in accordance with California Government Code 24 Sections 53150-53158, which allows for the collection of emergency response costs against: 25 (1) Any person whose negligent operation of a motor vehicle, boat or vessel or 26 civil aircraft while under the influence of an alcoholic beverage or drugs proximately causes 27 an incident resulting in an emergency response by the City Police (or Fire) Department; 28 and (2) Any person whose intentionally wrongful conduct while in the operation of a motor 29 vehicle, boat, vessel, or civil aircraft approximately causes any incident resulting in an 30 emergency response by the City Police (or Fire) Department; and 31 WHEREAS, an individual who is liable to the public agencies for the cost of such 32 emergency response may be liable in a sum not to exceed $1,000 and said sum is not to be 33 paid by insurance; and 34 WHEREAS, it is deemed in the best interest of the City of Petaluma to establish 35 charges and set guidelines to process the recovery of emergency response expenses 36 incurred by the Police as authorized by Government Code Sections 53150-53158; and 37 WHEREAS, representatives of the Finance Department, Police Department and 38 City Attorney's office have had discussions to fully review the City's program and its 39 procedures; and 40 WHEREAS, after full consideration of all of the issues the City Attorney, Finance 41 Department and Police Department have decided to recommend to the Council that the 42 Council formally adopt the following procedures to implement the Program; and Hes. No.........91-176.... n~.cs. 1 WHEREAS, the Council finds that the Program is of the utmost importance to the 2 ~ promotion of the general welfare and safety of the people of Petaluma because it is 3 designed and intended to encourage safe driving by requiring such persons to pay part of 4 the cost to the City of responding to incidents caused by their negligent or intentionally 5 wrongful conduct. 6 NOW, THEREFORE; BE IT RESOLVED by the Council of the City of Petaluma: 7 The City Council formally adopts the following procedures to implement the 8 Driving Under the Influence Emergency Response Cost Recovery Program: 9 1. A motorist arrested for driving under the influence of alcohol and /or drugs 10 will be billed only if all of the following criteria are met: 11 A. Driving under the influence of alcohol and/or drugs is evidence by 12 objective symptoms observed by the arresting officer and a blood, breathe or urine test 13 above the legal limit 0.08 alcohol level; and 14 B. Negligent operation of a motor vehicle is evidenced by an accident 2 15 the commission of a hazardous moving violation under the Vehicle Code, Sections 21100, 16 et seq. which requires an emergency response; and 17 C. The incident evidenced by an accident or a moving violation. which 18 was proximately caused by driving under the influence of alcohol and/or drugs; and 19 D. The incident necessitated an emergency response, which entailed the 20 use of emergency light and siren by Police (or Fire) units responding to the incident. 21 2. A motorist arrested for other criminal acts resulting from intentionally 22 wrongful conduct while operating a motor vehicle, boat, vessel, or civil aircraft will be 23 billed only if one or more of the following criteria is met: 24 A. A motor vehicle, boat, vessel, or civil aircraft is operated with the 25 apparent intent to injure another person or property, or 26 B. A motorist attempts to avoid arrest for acts involving operation of a 27 motor vehicle with conduct intended to injure another person or property, or 28 C. A motorist rammed or threatened to ram Police vehicles or property 29 in the course of attempting to avoid arrest. 30 3. "Emergency Response" shall mean a response to any incident involving any 31 intentional act or a negligent act proximately caused by the operation of a motor vehicle, 32 boat or aircraft while under the influence of alcohol and/or drugs and which incident is 33 either an accident or a commission of a moving violation as defined under Vehicle Code 34 Section 21100 et seq. 35 4. The City will bill motorist only for the direct and reasonable cost to the City 36 of the emergency response, i. e. all reasonable costs incurred in making approximate 37 emergency response, i. e. those costs directly arising from the response of that incident, 38 including laboratory fees, cost of repairing and replacing City property damaged or 39 destroyed due to the person's conduct; and the hourly salary and fringe benefits costs of the Reso. 91-176 N.C.S. 1 Police Officer or other personnel who directly respond to an incident prorated for the time 2 it takes to respond to the emergency response. 3 5. The City will treat the emergency response cost as a civil debt of that person 4 which is collectible by the City in the same manner as a contract obligation. Therefore, the 5 City need not wait until there is a criminal conviction before billing the motorist 6 6. If the emergency response cost bill is not paid within 30 days after the initial 7 bill has been mailed by the City or no arrangements are made for partial payment during 8 the 30-day period, then the bill will be considered delinquent and referred to a collection 9 agency hired by the City to perform further collection efforts. 10 7. If a motorist refuses to pay the City or the collection agency,. the City may 11 pursue recovery in Small Claims Court This action will not be initiated until after the 12 criminal charges have been adjudicated. 13 8. As an alternative, in all appropriate cases, the City will seek to have payment 14 of the bill imposed as a condition of probation. 15 9. If the motorist who has paid an emergency response cost recovery bill is 16 acquitted of criminal charges after trial, the City will allow for reimbursement i7 10. Any person receiving a bill has the right to appeal this bill to the Petaluma 18 Police Department The Petaluma Police Department will review the bill for accuracy. if 19 the bill is found to be in error, then the bill will be corrected, or if appropriate, rescinded. 20 Otherwise, the person will be notified that they have the right to a hearing before the 2i Police Chief to determine the appropriateness of the billing. 22 11. Any person receiving a bill has the further right to proceed to adjudication of 23 the bill before the Small Claims Division of the Sonoma County Municipal Court if 24 dissatisfied with the administrative process of the Petaluma Police Department 25 26 27 c: \word5 \reso. doc . 28 fmk\6/12/91 Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to eetin form Council of the City of Petaluma at a (Regular) (tXc~jtLiX~1~Xm g ,~- , ~ ; on the ..-.-.~..7xt1-.-.-..... day of .........-.cTllrie ......................................, 19....E-X by the ' following vote: •----•-- • --• .Y ---- ----•-•--........- ity tto ney AYES: Read, Davis, Woolsey, Sobel, Nelson, Vice Mayor Cavanagh NOES: ~ ABSENT: May igoss ___. ATTES'T': .--- -.-~~.,J ....... .......................... .......... ............. ......-~... .......................-.....~............--....--.. City Clerk ~?Q~ Mayo Vice Mayor Council Fil .. -- .......~~...-~. -- ~Q f CA 10-85 ~ Rcs. No. .......91'1 7.6..... N.C.S.