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.
INCIDENT
The occurrence of an event or situation which leads to a
response from police, fire-fighting or rescue and emergency medical
services.
INDIGENT
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.
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.
The person is under the influence of intoxicating liquor or
a controlled substance, or a combination of intoxicating liquor and
a controlled substance; or
B.
The person has a blood alcohol content of 0.10% or more by weight
of alcohol. (See Chapter
242, Section 5.15 of the Uniform Traffic
Code).
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 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.