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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 -1- 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. -2- 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. -3- 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 -4-