CC Resolution No. 8368
RESOIlJI'ION NO. 8368
A RESOIlJI'ION OF THE Cl'I'Y CXXJNCIL OF THE Cl'I'Y OF CXJPERl']NO
REX;ARDING THE AOOPI'ION OF PRX:EIXJRES 'IO IMPUMENT THE NEGLIGENT
œIVING UNDER THE INFIIJENCE AND INl'ENTIONAL WRONGFUL CX>NIXJ'cr
EMERGENCY RES:roNSE CX>ST RECX)VERY PROGRAM
AND RESCINDING RESOIlJI'ION NO. 7778
WHEREAS ,
operation of
drugs; and
it is the policy of the City of CUpertino to discourage the
motor vehicles while un:ier the influence of alcohol and/or
WHEREAS, it is the policy of the City of CUpertino to encourage
careful and responsible coniuct by persons operating motor vehicles; am
WHEREAS, negligent driving un:ier the influence of alcohol and/or drugs
is intentional W1:01.,¡ful coniuct; and
WHEREAS, intentional ~ coniuct by persons who operate motor
vehicles and cause an accident ~ a burden upon City savices above
and beyond the regular savices normally required for traffic law
enforcement; am
WHEREAS, persons who willfully con:iuct themselves in a manner which
~ an extraordinary burden on the public fisc should bear a share of
that burden; am
WHEREAS, Califomia Government Code sections 53150 through 53158
authorizes nn.micipalities to bill arr;¡ person who is un:ier the influence of
an alcoholic beverage or arr;¡ drug or the canbined influence of an
alcoholic beverage am arr;¡ drug, am whose negligent operation of a motor
vehicle, boat or vessel or civil aircraft caused by that influence
proxiJrately causes arr;¡ incident resulting in an appropriate emergency
response for the costs of that emergency response; and
WHEREAS, said statutes also authorize nn.micipalities to bill any
person whose intentionally wrongful coniuct proxiJrately causes any
incident resulting in an appropriate emergency response for the costs of
that emergency response; am
WHEREAS, that person is liable for the expense of an emergency
response by a public agency to the incident; and
WHEREAS, the expense of an emergency response shall be a charge
against the person liable for expenses un:ier section 53154 of the
California Government Code; and
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RESOIlJI'ION NO. 8368
WHEREAS, the City of CUpertino has in effect a Negligent Driving Under
the Influence and Intentionally W:lua~.ful Corx:luct Emergency Response Cost
Recovery ProgLCUl\ (hereinafter "Prog:talll") in accoJ:àance with California
Government Code 53150-53158, which allows for the collection of emergency
response codes against; (1) arr;¡ person whose negligent operation of a
motor vehicle, boat or vessel, or civil aircraft while urr::1er the influence
of an alcoholic beverage or drug proximately caused arr;¡ accident resulting
in an emergency response by the County Sheriff Deparbœnt; am (2) arr;¡
person whose intentionally W1:Ol":jful conduct while in the operation of a
motor vehicle, boat or vessel, or civil aircraft proxiJDately causes any
accident resulting in an emergency response by the County Sheriff
Deparbœnt; am
WHEREAS, the Council finds that the Program is of the u'boost
inportanoe to the p:lu"..,tion of the general welfare am safety of the
People of CUpertino because it is designed and interñed to encourage safe
driving by requiring such persons to pay part of the cost to the City of
responding to incidents caused by the intentionally w:t0l19.ful conduct.
New, ~Ul(t;, BE IT RESOLVED, BY THE CXXJNCIL OF '!HE Cl'I'Y OF
aJPERI'INO:
The City Council of the City of CUpertino fOmally adopts the
fOllowing procedures to implE!ll'el'1t the Negligent Driving Under the
Influence and Intentionally Wrongful Corx:luct Emergency Response Cost
Recovery PJ:ogLCud:
1. Effective immediately, arr;¡ motorist arrested for driving umer
the influence of alcohol anJ¡or drugs (IXJI) will be billed only if all of
the following criteria are met:
a) Driving urr::1er the influence of alcohol anJ¡= drugs is evidenced
by objective synptans observed by the arresting officer am, with
respect to alcohol-related incidents, a blood, breath, or urine
test above the legal limit 0.08 alcohol 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 motor vehicle is evidenced by an
accident; and
c) The incident evidenced by an accident was proxiJDately caused by
driving urr::1er the influence of alcohol anJ¡or drugs; and
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RESOIlJI'ION NO. 8368
d) The incident necessitated an emergency response, which entailed
the use of emergency lights by police or fire units resporxiing to
the incident.
2. A Irotorist arrested for ather crllnblal acts resulting from
intentionally wrongful corxiuct while operating a Irotor vehicle will be
billed only if one or more of the following criteria is met:
2) A Irotor vehicle was operated with the apparent intent to injure
another person or property, or
b) A Irotorist atten'pts to evade arrest for acts involving operation
of a Irotor vehicle with corxiuct interrled to injure another person
or property, or
c) A Irotorist rammed or threatened to ram police vehicles or
property in the course of attenpting to evade arrest.
3. The City will bill Irotorists only for the actual costs to the
City of the emergency response to the maximum allowed by law; am the
hourly salary am frin;Je benefit cost of the police officer or other
personnel who directly resporrl to an incident p=rated for the time it
takes to cc:nrplete the emergency response.
The City Manager is hereby authorized and empowered to establish a fee
schedule for the pm:pose of recovering the cost of the City's emergency
response to an incident which was proxlinately caused by a person's
intentionally w:r:o:ngful corxiuct or a person negligently operating a Irotor
vehicle, boat or vessel or civil ai=aft 1.I1'ñer the influence of alcohol
and/or drug or both. The City Manager is hereby authorized to review and
adjust said fee schedule armually.
4. The City will treat the emergency response costs as a civil debt
of that person which is collectible by the city in the same manner as a
contractual obligation. Therefore, the City need not wait until there is
a conviction before billing the Irotorist.
5. If the emergency response cost bill is not paid within thirty
days after the initial bill is mailed by the City or arrargements are not
made for partial payment during the thirty day period, then the bill will
be considered delinquent and referred to the City's normal collection
procedure.
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RESOIlJI'ION NO. 8368
6. If a matorist refuses to pay the City or collection agency, the
City may pursue recx:Nery in small Claims Court. 'Ihis action will not be
initiated until after the criminal charges have been adjudicated.
7. As an alternative, in all appropriate cases, the City will seek
to have payment of the bill :iJ¡posed as a condition of probation.
8. If the matorist who has paid an emergency response cost recx:Nery
bill is acquitted of criminal charges after trial, the City may allow for
reimbursement 1JPOI1 application of the matorist.
9. Arr:l person receiving a bill has the right to appeal the bill to
the city Manager or his designee. '!he City Manager or his designee will
review the bill for accuracy. If the bill is fourrl to be in error, then
the bill will be corrected, or, if appropriate, rescimed.
PASSED AND AOOPI'ED at a regular meeting of the City Council of the
city of CUpertino this l5th day of April, 1991, by the following vote:
vote
Members of the Citv Council
AYES:
Goldman, Rogers, Szabo, Koppel
NOES:
None
ABSENT:
Sorensen
ABSTAIN:
None
APPROVED:
/s/ Barb Koppel
Mayor, City of CUpertino
A'ITEST:
/s/ Dorothy Cornelius
City Clerk
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