[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:
The use of police, fire-fighting, rescue and emergency medical
services at the scene of an incident.
A fee charged for an emergency response to an incident, which
fee shall be set from time to time by resolution of Council.
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.
Intentional conduct causing injury to another person or to
property.
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.
A person shall be liable to the City for the emergency response fee:
(1)
Whose operation of a motor vehicle while under the influence creates
an incident resulting in an appropriate emergency response;
(2)
Whose intentionally wrongful conduct proximately causes an incident
resulting in an appropriate emergency response; or
(3)
Who experiences an incident which requires the use of rescue and
emergency medical services of the city.
B.
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.
A.
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.
B.
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.
C.
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.
