[HISTORY: Adopted by the City Council of the City of Rockwood 9-7-1994 by Ord. No. 336. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- EMERGENCY RESPONSE
- The use of police, fire-fighting, rescue and emergency medical services at the scene of an incident.
- EMERGENCY RESPONSE FEE
- A fee charged for an emergency response to an incident, which fee shall be set from time to time by resolution of Council.
- EXPENSE OF AN EMERGENCY RESPONSE
- The costs to the City directly arising out of a response to an incident.
- The occurrence of an event or situation which leads to a response from police, fire-fighting or rescue and emergency medical services.
- A person who does not have property, exempt or otherwise, and who is unable, because of physical or mental disability or age, to earn a livelihood, or a person who has some means but is eligible to receive relief or assistance granted under Act 280 of the Public Acts of 1939, as amended, being MCLA 400.1 to 400.121, or who is, in the determination of Council, financially unable to pay for the expense of an emergency response or emergency response fee and has no relative or lawful guardian who is liable for his or her care and who can pay for such expense or fees.
- INTENTIONALLY WRONGFUL CONDUCT
- Intentional conduct causing injury to another person or to property.
- OPERATING UNDER THE INFLUENCE
- The operation by any person of a motor vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles within the city, if either of the following applies:
A person shall be liable to the City for the emergency response fee:
Whose operation of a motor vehicle while under the influence creates an incident resulting in an appropriate emergency response;
Whose intentionally wrongful conduct proximately causes an incident resulting in an appropriate emergency response; or
Who experiences an incident which requires the use of rescue and emergency medical services of the city.
At the discretion of the City Attorney, Council or the City Administrator, such person may be held liable for the entire expense of an emergency response by the city.
The emergency response fee and/or the expense of an emergency response shall be a charge against the person liable for such expenses as provided for in this chapter. The charge shall constitute a debt of that person and shall be collectible by the City in the same manner as in the case of an obligation under a contract, whether express or implied.
The Fire Chief shall make diligent inquiry to identify those persons who have requested the dispatch of fire-fighting, rescue or emergency medical services from the City and, at least by the end of each calendar month, shall prepare and submit to the City Administrator the names and addresses of such persons requiring such emergency response from the Fire Department, together with the time and date when such service was rendered and a summary of such service provided.
The Chief of Police shall prepare and submit to the City Administrator, at least by the end of each calendar month, the names and addresses of those persons whose intentionally wrongful conduct, or whose operation of a vehicle under the influence, gave rise to an incident requiring emergency response by the Police Department. Said report shall include a summary of the incident which occurred.
The City Administrator, or his or her designated representative or contractual agent may, after receiving such reports from the Police and Fire Chiefs, including the itemized costs incurred for an emergency response, submit a bill for the fees and/or expenses, by first-class mail or personal service, to the person liable for such fees and expenses. Such bill shall require final payment within 30 days from the date of service of the bill. If such bill is not paid within the thirty-day period, the City Administrator may instruct the City Attorney, or his or her designated representative, to proceed to collect such fees or expenses as part of the prosecution of any violation of the city's ordinances arising out of the incident.
The City Administrator and/or Council may waive the emergency response fee or the expense of an emergency response if the person involved in the incident can show proof of indigency, as defined in § 69-1.
Any person described in this chapter as being liable for the expense of an emergency response, who fails to pay the bill submitted by the City Administrator or his or her designated agent within 30 days of service of the same, shall be deemed to be in default and shall be in violation of this chapter. Upon request from Council and/or the City Administrator, the City Attorney or his or her designated representative may commence civil suit on behalf of the City to recover the expenses, court costs and attorney fees or may take any other action necessary for the collection of such fees.
A violation of any provision of this chapter shall be a municipal civil infraction, punishable as provided in Chapter 1, General Provisions, Article II. The fines and sanctions indicated herein shall be in addition to any other remedy provided in this chapter.
Editor's Note: See Ch. A277, Fines and/or Penalties.