[Adopted 10-11-1988 as Ord. No. 980; amended 3-23-1993 by Ord. No.
1032 (Art. XI of Ch. 340 of the 1984 Code)]
[Amended 7-13-2004 by Ord. No. 1189]
A.
Person liable. Any person who, while under the influence
of intoxicating liquor or a controlled substance, or combination thereof,
or while visibly impaired, due to the consumption of intoxicating
liquor or controlled substance, or combination thereof, operates a
motor vehicle and causes any incident resulting in an emergency response
or a prosecution pursuant to the City of Roseville Code of Ordinances
is liable to the City for the expenses of such emergency response
and prosecution.
B.
Emergency response expenses. Emergency response expenses
shall include all of the following:
(1)
Salaries or wages, including overtime pay, of law
enforcement personnel for time spent responding to the incident from
which charges arose, including arresting a person, processing the
person, preparing reports on the incident, investigating the incident,
collecting and analyzing evidence, determining bodily alcohol content
and determining the presence of and identifying controlled substances
in the blood, breath or urine.
(2)
Salary, wages or other compensation, including overtime
pay of the Fire Department and Emergency Medical Service personnel,
including volunteer firefighters or volunteer emergency medical service
personnel for time spent in responding to and providing fire-fighting,
rescue and emergency medical services in relation to the incident.
(3)
The cost of medical supplies lost or expended by Fire
Department and Emergency Medical Service personnel, including volunteer
firefighters or volunteer emergency medical service personnel.
C.
Expenses of prosecution. Expenses of prosecution shall
include all the following:
(1)
Costs billed or to be billed to the City for legal
services associated with the issuance of a complaint and warrant,
investigation, response to discovery, subpoenaing of witnesses, preparation
for trial, preparation of pleadings, response to motions and pleadings,
court appearances and court time, telephone calls and conferences
relating to prosecutions and any other services performed in connection
with prosecuting the person.
(2)
The salary and wages, including overtime pay of law
enforcement personnel, Fire Department and Emergency Medical Services
personnel, including volunteers, for preparation for and attendance
at court proceedings relating to the prosecution of the person.
D.
Presumption. For purposes of this section, any presumption
set forth and contained within the Code of Ordinances for the City
of Roseville relating to the prosecution of persons for operating
while intoxicated or operating while visibly impaired, including any
amendments or revisions to the Code of Ordinances, shall be applicable
for determining liability pursuant to this section.
E.
Nature of liability. Liability pursuant to this division
shall be of a civil nature. Such liability shall not be construed
to limit or restrict the liability the Court may otherwise impose
upon such a person pursuant to any and all applicable law, including
MCL § 769.1f. Such liability shall not reduce any criminal
liability or responsibility, including fines and/or costs, imposed
by a Judge or Magistrate on any person who may be convicted for the
offense of operating while intoxicated or operating while visibly
impaired or any similar offense.
F.
Schedule of cost. The City Council shall, by resolution,
adopt a schedule of costs, which schedule of costs shall be set forth
and the nature and amount of costs included within the expense of
an emergency response or prosecution. The schedule of cost shall be
available to the public from the City Clerk and from the Police Department
upon request. The schedule of cost shall be subject to periodic review
and revision.
G.
Billing for expense. The Police Department shall issue
a statement to any person arrested and charged with operating while
intoxicated or operating while visibly impaired as existing pursuant
to ordinances at the time of adoption of this section or any substantially
similar offense pursuant to any revised amendment or subsequently
adopted ordinance. The bill shall be sent by first class mail or by
personal service upon the person arrested, sent to the last known
address as furnished at the time of arrest. Expense set forth in the
bill is payable within 30 days from the date of emergency response
or expense of prosecution.
H.
Failure to pay. The City may commence a civil law
suit in a court of competent jurisdiction to recover the unpaid expense
of emergency response as well as any and all costs of such litigation,
including actual attorney fees. Such remedy shall be a cumulative
remedy to any and all other available legal remedies.
The following terms as used in this article
are defined as follows:
The furnishing, development or utilization of
public service, police, fire-fighting and rescue services or other
services from the City to an accident involving a motor vehicle where
one or more of the drivers involved was operating the motor vehicle
while vision impaired from alcohol and/or a controlled substance.
The development, furnishing or utilization of
police, public service, fire-fighting and rescue services involved
in or incidental to a traffic stop and arrest when the driver involved
was operating a motor vehicle while under the influence of an alcoholic
beverage and/or controlled substance or operating a motor vehicle
while vision impaired from use of an alcoholic beverage and/or a controlled
substance.
The costs associated with the occurrence of an emergency
response, which shall include costs associated with the deployment
and utilization of City employees, transportation, processing and
lodging of arrested subjects, a completion of arrest procedures and
bookings, the writing, filing and review of police reports, the administration
of field sobriety tests, the administration of breathalyzer tests
and the identification, recording and preservation of evidence. These
costs shall be periodically reviewed and shall be established on a
per-occurrence basis by Council resolution. Costs set forth in such
resolution shall become effective following publication in a newspaper
of general circulation.
The costs associated with the review, preparation and assembling
of evidence by City employees in preparation for a scheduled trial
date and the costs of any appearance in court for a scheduled trial
date. Such expenses shall be imposed notwithstanding that the matter
is disposed of other than by trial or adjourned on the scheduled trial
date. Such costs shall be set by Council resolution and shall become
effective upon publication of such resolution in a newspaper of general
circulation.
A.
Any person who operates a motor vehicle while under
the influence of an alcoholic beverage and/or controlled substance
or who operates a motor vehicle with vision impaired from an alcoholic
beverage and/or a controlled substance which results in an emergency
response shall be responsible and/or liable for the expenses of the
emergency response and the expenses of court preparation and court
appearance expense.
B.
For purposes of this article, it shall be presumed
that a person was operating a motor vehicle under the influence of
an alcoholic beverage and driving with vision impaired from an alcoholic
beverage if chemical analysis of the driver's blood, urine or breath
indicates that the amount in the driver's blood exceeded .07% by weight
of alcohol.
Provisions of this article are construed as
a civil liability only. This article shall not be construed to conflict,
contravene, enlarge or reduce criminal liability or responsibility,
including but not limited to any costs or fines which may be imposed
upon the operator of a motor vehicle while under the influence of
alcoholic beverages or a controlled substance or while operating a
motor vehicle with vision impaired from alcoholic beverages and/or
controlled substances.
