[Adopted 11-24-1997 by Ord. No. 97-016]
As used in this article, the following terms
shall have the meaning indicated:
The providing, sending, and/or utilizing of
public service, police, fire-fighting, rescue service, emergency medical
service, or any other agent of the City at or to an accident involving
a motor vehicle where one, or more, of the drivers was operating a
motor vehicle while under the influence of intoxicating liquor, controlled
substances, or with an unlawful bodily alcohol content, or while his/her
ability was visibly impaired due to the consumption of intoxicating
liquor or controlled substances.
The providing, sending, and/or utilizing of
public service, police, fire-fighting, rescue service, emergency medical
service, or any other agent of the City at or to any scene where a
driver becomes helpless, endangered, or otherwise in need of assistance
by reason, in whole or in part, of being under the influence of intoxicating
liquor, controlled substances, or with an unlawful bodily alcohol
content, or while his/her ability was visibly impaired due to the
consumption of intoxicating liquor or controlled substances.
The making of a traffic stop and arrest by a
police officer when the driver was operating a motor vehicle while
under the influence of intoxicating liquor, controlled substances,
or with an unlawful bodily alcohol content, or while visibly impaired
due to the consumption of intoxicating liquor or controlled substances.
The reasonable costs incurred by the City, or by a private
person, corporation or other entity operating at the request of, or
under the direction of, the City, when making an emergency response,
including the cost of providing police, fire-fighting, rescue or emergency
medical service, or any other agent of the City at the scene of such
emergency response.
Any person, while under the influence of intoxicating liquor, controlled substances, or with an unlawful bodily alcohol content, or while visibly impaired, whose operation of a motor vehicle causes an emergency response, as set forth in § 311-14 in the definition of "emergency response," and who is convicted of an alcohol-related criminal offense, shall be liable to the City for the expenses of the emergency response.
The expenses for which reimbursement may be
sought under this article include, but are not limited to, the following:
A.
The salaries, wages, including overtime pay, of City
personnel, including fire-fighting, rescue services, emergency medical
services, or any other agent of the City, when making an emergency
response. The salaries, wages, including overtime pay, of law enforcement
personnel when making an emergency response, including necessary investigation,
arresting the person convicted, processing the person after the arrest,
preparing reports, supervision, and collecting and analyzing evidence.
B.
The costs of conducting and analyzing preliminary
chemical breath tests, and chemical tests of breath, blood or urine
to determine the presence and amount of bodily alcohol content and/or
controlled substances; and the costs of processing or analyzing other
physical evidence.
C.
The cost of equipment operation; the cost of medical
supplies lost or expended; the cost of materials obtained directly
by the City; and the cost of any contract labor or materials.
this article shall be construed to impose a responsibility and liability of a civil nature on the part of the driver or operator of a motor vehicle, and shall not be construed to conflict with, contravene, enlarge or reduce any criminal responsibility or liability, including fines, imposed on the driver or operator of a motor vehicle by a judge or magistrate under Chapter 680, Art. IV of the Code of the City of Monroe or MCLA § 257.625 for operating a motor vehicle while under the influence of intoxicating liquor, controlled substances, or with an unlawful bodily alcohol content, or while the driver's or operator's ability was visibly impaired due to the consumption of intoxicating liquor or controlled substances.
The expense of an emergency response shall be a charge against the person liable for said expense as stated in § 311-15 hereof. The charge constitutes a debt of such person and is collectible by the City for incurring those expenses, as stated in § 311-16 hereof, in the same manner as in the case of an obligation under a contract, whether express or implied.
The total amount ordered to be paid under this
article shall not exceed $1,000, unless the incident from which the
conviction arose resulted in injury to three or more persons or death
to one or more persons, in which event the actual expense will be
the maximum amount that can be charged.
The Director of Finance, upon receiving an itemized list of the expenses incurred for an emergency response, shall serve upon the person liable for such expenses as set forth in § 311-15 a bill for the same by first class mail or personal service. Said bill shall require full payment within 30 days from the date of service.
Any person described in this article as being
liable for the expenses of an emergency response who fails to pay
the bill submitted by the Director of Finance within 30 days of service
of the same shall be considered in default. If the person who is liable
for the debt refuses to pay said bill, and owns real estate within
the City, the costs shall be assessed against the real estate in the
manner provided in the City Charter for delinquent bills and assessments.
If the person does not own real estate in the City, collection shall
be pursued by the City Attorney. The City shall also have the right
to bring an action in a court of competent jurisdiction to collect
such costs if it deems such action to be necessary.
