CC Resolution No. 8546
RESOl1JTION W. 8546
A RESOl1JTION OF THE CITY CXJUNCIL OF '!HE CITY OF C!JPERTIW
REX;ARD~ THE AOOPl'IŒ OF PROCEDURES 'IO IMPŒMENT THE NErn.IGENT
DR.Iv.£K; UNDER '!HE INFllJENCE AND IN'lENTIONAL WR(H;FUL <:xEXJCl'
EMERGENCY RESF(BSE COST RE<DI1ERY PROGRAM
AND RESCIND~ RESOliJTION W. 8368
WHEREAS ,
operation of
drugs; and
WHEREAS, it is the policy of the City of CUpertino to encourage
careful and responsible conduct by persons operating JIDtor vehicles; and
it is the policy of the City of CUpertino to discourage the
JIDtor vehicles while under the influence of alcohol and/or
WHEREAS, negligent driving under the influence of alcohol and/or drugs
is intentional wrongful conduct; and
WHEREAS, intentional wrongful conduct by persons who operate JIDtor
vehicles and cause an a=ident .ÎIJIX>ses a burden upon City services above
and beyond the regular services nonœlly required for traffic law
enforcement; and
WHEREAS, persons who willfully conduct themselves in a manner which
iI1p:>ses an extraordinary burden on the public fisc should bear a share of
that burden; and
WHEREAS, California GovernIœnt Code sections 53150 through 53158
authorizes municipalities to bill any person who is under the influence of
an alcoholic beverage or any drug or the cx:IIDined influence of an
alcoholic beverage and any drug, and whose negligent operation of a JIDtor
vehicle, boat or vessel or civil air=aft caused by that influence
proximately causes any incident resulting in an appropriate aœrgency
response for the costs of that aœrgency response; and
WHEREAS, said statutes also authorize municipalities to bill any
person whose intentionally wrongful conduct proximately causes any
incident resulting in an appropriate aœrgency response for the costs of
that aœrgency response; and
WHEREAS, that person is liable for the expense of an aœrgency
response by a public agency to the incident; and
WHEREAS, the expense of an aœrgency response shall be a charge
against the person liable for expenses under section 53154 of the
California GovernIœnt Code; and
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RESOliJ'I'ION NO. 8546
WHEREAS, the City of CUpertino has in effect a Negligent Driving under
the Influence and Intentionally Wrongful Conduct Emergency Response Cost
Rerovery Program (hereinafter "Program" ) in aCCDroance with California
Government Code 53l50-53l58, which allows for the o:>llection of erœrgency
response CXJdes against; (1) any person whose negligent operation of a
ItDtor vehicle, boat or vessel, or civil aircraft while under the influence
of an alo:>oolic beverage or drug proximately caused any accident resulting
in an erœrgency response by the County Sheriff Department; and (2) any
person whose intentionally wrongful o:>nduct while in the operation of a
m:>tor vehicle, boat or vessel, or civil aircraft proxinately causes any
accident resulting in an aærgency response by the County Sheriff
Department; and
WHEREAS, the Council finds that the Program is of the utnDst
inportance to the pramtion of the general welfare and safety of the
People of CUpertino because it is designed and intended to eno:>urage safe
driving by requiring such persons to pay part of the CX>St to the city
responding to incidents caused by the intentionally wrongful o:>nduct.
NrM, THEREFORE, BE IT RESOLVED, BY THE CXXJNCIL OF THE CITY OF
CUPERTINO:
The City Council of the City of Cupertino formally adopts the
following procedures to lliplanent the Negligent Driving under the
Influence and Intentionally Wrongful Conduct Emergency Response Cost
Reo:>very Program:
1. Effective .inrœdiately, any ItDtorist arrested for driving under
the influence of alo:>ool and/or drugs (OOI) will be billed only if all of
the following criteria are met:
a) Driving under the influence of alo:>ool and/or drugs is evidenced
by objective synpt.c.ms observed by the arresting officer and, with
respect to alo:>ool-related incidents, a blood, breath, or urine
test al:xwe the legal limit 0.08 alo:>ool level, or, with respect
to drug-related incidents, a blood or urine test the results of
which show the presence of an appreciable quantity of drugs; and
b) Negligent operation of a ItDtor vehicle is evidenced by an
accident; and
c) The incident evidenced by an accident was proximately caused by
driving under the influence of alo:>ool and/or drugs; and
d) The incident necessitated an erœrgency response, which entailed
the use of police or fire units responding to the incident.
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RESOllJ'l'ION NO. 8546
2. A !IDtorist arrested for other criminal acts resulting fran
intentionally wrongful cx>nduct while operating a!lDtor vehicle will be
billed only if one or m:>re of the following criteria is met:
a) A!IDtor vehicle was operated with the apparent intent to injure
another person or property, or
b) A m:>torist attaIpts to evade arrest for acts involving operation
of a!lDtor vehicle with conduct intended to injure another person
or property, or
c) A !IDtorist rarnœd or threatened to ram police vehicles or
property in the cx>urse of attaIpting to evade arrest.
3. 'lhe City will bill !IDtorists only for the actual costs to the
City of the aœrgency response to the maxim.nn allowed by law; and the
hourly salary and fringe benefit CX>St of the police officer or other
personnel who directly respond to an incident prorated for the tine it
takes to CXIIplete the aœrgency response.
The City Manager is hereby authorized and arpowered to establish a fee
schedule for the purpose of reCX>Vering the cx>st of the City's aœrgency
response to an incident which was proxjmately caused by a person's
intentionally wrongful cx>nduct or a person negligently operating a !IDtor
vehicle, boat or vessel or civil aircraft under the influence of alex>hol
and/or cb:ug or both. 'lhe City Manager is hereby authorized to review and
adjust said fee schedule annually.
4. 'lhe City will treat the aœrgency response cx>sts as a civil debt
of that person which is cx>llectible by the City in the same manner as a
cx>ntractual obligation. Therefore, the City need not wait until there is
a cx>nviction before billing the !IDtorist.
5. If the aœrgency response a:>st bill is not paid within thirty
days after the initial bill is mailed by the City or arrangements are not
made for partial paynent during the thirty day period, then the bill will
be cx>nsidered delinquent and referred to the City's no:rmal cx>llection
procedure .
6. If a !IDtorist refuses to pay the City or cx>llection agency, the
City may pursue recx>very in Small Claims Court. 'lbis action will not be
initiated until after the criminal charges have been adjudicated.
7. As an alternative, in all awroPriate cases, the City will seek
to have pay¡ænt of the bill inçosed as a cx>ndition of probation.
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RESOliJTICN 00. 8546
8. If the JIDtorist who has paid an aœrgency response oost reaNery
bill is aa:¡uitted of criminal charges after trial, the City may allow for
reiIlbursaænt upon application of the JIDtorist.
9. Any person receiving a bill has the right to ~ the bill to
the City Manager or his designee. 'l11e City Manager or his designee will
review the bill for accuracy. If the bill is found to be in error, then
the bill will be oorrected, or, if appropriate, rescinded.
PASSED AND ADOPI'ED at a regular meeting of the City Council of the
City of CUpertino this --1J!.tl¡ day of November ,199l, by the following
vote:
vote
Members of the Citv Council
AYES:
Dean, Goldman, Koppel, Szabo, Sorensen
KJES:
None
ABSENT:
None
ABSTAIN:
None
APPRO\IED:
/s/ Lauralee Sorensen
Mayor, City of CUpertino
ATl'EST:
/s/ Dorothy Cornelius
City Clerk
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