CC Resolution No. 7778
RESOIIJTION NO. 7778
A RESOIIJTION OF THE CITY CXJUNCIL OF THE CITY OF aJPERI'INO
REX2ARDING THE AOOPI'ION OF PROCEJ:XJRES TO IMPLEMENT THE NEGLIGENT
DRIVING UNDER THE rnFIDENCE AND INI'ENTIONAL WRONGFUL CONIXJcr
EMER:2ENCY RESroNSE <X>ST REroVERY PROGRAM
WHEREAS ,
operation of
drugs; ani
WHEREAS, it is the policy of the city of D.Ipertino to encourage
careful ani responsible conduct by persons operating motor vehicles; ani
it is the policy of the City of D.Ipertino to discourage the
motor vehicles while under the influence of alcohol and/or
WHEREAS, negligent driving I.U'I3er the influence of alcohol and/or drugs
is iIltentional wrongful conduct; ani
WHEREAS, iIltentional wrongful conduct by persons who operate motor
vehicles ani cause an accident imposes a burden upon city services above
ani beyond the regular services nonnally required for traffic law
enforcement; ani
WHEREAS, persons who willfully conduct themselves in a manner which
imposes an extraordinaJ:y burden on the public fisc should bear a share of
that burden; ani
WHEREAS, California Government 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 combined influence of an
alcoholic beverage ani any drug, ani whose negligent operation of a motor
vehicle, boat or vessel or civil ai=aft caused by that influence
proxi111ately causes any incident resulting in an appropriate emergency
response for the costs of that emergency response; ani
WHEREAS, said statutes also authorize municipalities to bill any
person whose intentionally wrongful conduct proxi111ately causes any
incident resulting in an appropriate emergency response for the costs of
that emergency response; ani
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 under section 53154 of the
California Government Code; ani
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RESOIIJI'ION NO. 7778
WHEREAS, the City of D.Ipertino has in effect a Negligent Driving Urrler
the Influence ani Intentionally Wrongful Conduct Emergency Response Cost
Recovery Program (hereinafter "Program") in a=rdance with California
Government Code 53150-53158, which allOolS for the collection of emergency
response codes against; (1) any person whose negligent operation of a
motor vehicle, boat or vessel, or civil ai=aft while I.U'I3er the influence
of an alcoholic beverage or drug proxiJnately caused any accident resulting
in an emergency response by the County Sheriff Department; ani (2) any
person whose intentionally wrongful conduct while in the operation of a
motor vehicle, boat or vessel, or civil ai=aft proxiJnately causes any
accident resultin; in an emergency response by the County Sheriff
Department; ani
WHEREAS, the Council fll1ds that the Program is of the utmost
~rtance to the promotion of the general welfare ani safety of the
People of D.Ipertino because it is designed and intended to encourage safe
driving by requirin; such persons to pay part of the cost to the City of
responding to incidents caused by the intentionally wrongful conduct.
NCM, THEREFORE, BE rr RESOLVED, BY THE COUNCIL OF THE CITY OF
ctJt'~'.LÑO:
The city Council of the City of D.Ipertino fo:rmally adopts the
followin; procedures to iItplement the Negligent Drivin; Under the
Influence and Intentionally Wrongful Conduct Emergency Response Cost
Recovery Program:
1. Effective immediately, any motorist arrested for drivin; I.U'I3er
the influence of alcohol and/or drugs (IXJI) will be billed only if all of
the following criteria are met:
a) Drivin; I.U'I3er the influence of alcohol and/or drugs is evidenced
by objective synptams observed by the arrestin; officer ani, with
respect to alcohol-related incidents, a blood, breath, or urine
test above the legal limit 0.10 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; ani
b) Negligent operation of a motor vehicle is evidenced by an
accident; ani
c) The incident evidenced by an accident was proxiJnately caused by
drivin; under the influence of alcohol and/or drugs; ani
d) The incident necessitated an emergency response, which entailed
the use of emergency lights by police or fire units responding to
the incident.
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2. A IOOtorist arrested for other criminal acts resultin; from
intentionally wrongful con:luct while operating a IOOtor vehicle will be
billed only if one or more of the followin; criteria is met:
2) A IOOtor vehicle was operated with the apparent intent to injure
another person or property, or
b) A IOOtorist attempts to evade arrest for acts involving operation
of a IOOtor vehicle with con:luct interxied to injure another person
or property, or
c) A IOOtorist ranuned or threatened to ram police vehicles or
property in the course of attenptin; to evade arrest.
3. The City will bill IOOtorists only for the actual costs to the
City of the emergency response to the maximum allowed by law; ani the
hourly salary ani frin;e benefit cost of the police officer or other
personnel who directly respom to an incident prorated for the time it
takes to ~lete the emergency response.
The city Manager is hereby authorized ani empowered to establish a fee
schedule for the purpose of recoverin; the cost of the City's emergency
response to an incident which was proxbnately caused by a person's
intentionally wrongful con:luct or a person negligently operating a IOOtor
vehicle, boat or vessel or civil aircraft tu'1der the influence of alcohol
and/or drug or both. The City Manager is hereby authorized to review and
adjust said fee schedule annually.
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 1.mtil there is
a conviction before billing the IOOtorist.
5. If the emergency response cost bill is not paid within thirty
days after the initial bill is mailed by the City or arrangements are not
made for partial payment durin; the thirty day period, then the bill will
be considered delillquent ani referred to the City's no:rmal collection
procedure.
6. If a IOOtorist refuses to pay the City or collection agency, the
city may pursue recovery in Small Clailns Court. '!his action will not be
initiated 1.mtil 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 imposed as a corxlition of probation.
8. If the IOOtorist who has paid an emergency response cost recovery
bill is acquitted of criminal charges after trial, the City may allow for
reimbursement upon application of the IOOtorist.
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RESOIIJI'ION NO. 7778
9. ArrI person receivin; 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 found to be in error, then
the bill will be corrected, or, if appropriate, reseWed.
PASSED AND AOOPl'ED at a regular meetin; of the City Council of the
City of D.Ipertino this 20th day of March, 1989, by the followin; vote:
Vote MeJnbers of the City Council
AYES: Gatto, Johnson, Koppel, Plun:¡y
NOES: None
ABSENT: Rogers
ABSTAIN: None
APPROVED:
/s/ John J. Plungy, Jr.
Mayor, City of D.Ipertino
ATI'EST:
/s/ Dorothy Cornelius
City Clerk
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