[Added 11-28-2012 by Ord. No. 1596]
The Holland City Council has determined that it is in the best interests of the City of Holland to provide for the recovery of municipal expense incurred with the arrest and prosecution of certain criminal offenses leading to a conviction as permitted by Act 372 of the Public Acts of 2000, as amended, MCLA § 769.1f et seq. and the general powers of the City pursuant to Section 2.1 of the City Charter.
[Added 11-28-2012 by Ord. No. 1596]
As used in this article, the following terms shall have the
meanings indicated:
The salaries, wages, or other compensation, including, but
not limited to, overtime pay of prosecution personnel for time spent
investigating and prosecuting the crime or crimes resulting in conviction.
Shall mean:
The salaries or wages, including overtime pay, of law enforcement
personnel for time spent responding to the incident from which the
conviction arose, arresting the person convicted, processing the person
after the arrest, preparing reports on the incident, investigating
the incident, and collecting and analyzing evidence, including, but
not limited to, determining bodily alcohol content and determining
the presence of and identifying controlled substances in the blood,
breath, or urine.
The salaries, wages, or other compensation, including overtime
pay, of Fire Department and emergency medical service personnel, including
volunteer firefighters or volunteer emergency medical service personnel,
for time spent in responding to and providing firefighting, rescue,
and emergency medical services in relation to the incident from which
the conviction arose.
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, in providing services
in relation to the incident from which the conviction arose.
[Added 11-28-2012 by Ord. No. 1596; amended 1-17-2018 by Ord. No. 1704]
(a)
Upon conviction of any of the following offenses, the person convicted
shall reimburse the City of Holland for law enforcement personnel
expense as well as the expense of prosecution:
(1)
A violation or attempted violation of § 601d, 625(1),
(3), (4), (5), (6), or (7), § 625m, or § 626(3)
or (4) of the Michigan Vehicle Code, 1949 PA 300, MCLA §§ 257.601d,
257.625, 257.625m, and 257.626, or of a local ordinance substantially
corresponding to §§ 601d(1), 625(1), (3), or (6) or
§§ 625m or 626 of the Michigan Vehicle Code, 1949 PA
300, MCLA §§ 257.601d, 257.625, 257.625m, and 257.626.
(2)
Felonious driving, negligent homicide, manslaughter, or murder,
or attempted felonious driving, negligent homicide, manslaughter,
or murder, resulting from the operation of a motor vehicle, snowmobile,
ORV, aircraft, vessel, or locomotive engine while the person was impaired
by or under the influence of intoxicating liquor or a controlled substance,
as defined in § 7104 of the Public Health Code, 1978 PA
368, MCLA § 333.7104, or a combination of intoxicating liquor
and a controlled substance, or had an unlawful blood alcohol content.
(3)
A violation or attempted violation of § 82127 of the
Natural Resources and Environmental Protection Act, 1994 PA 451, MCLA
§ 324.82127.
(4)
A violation or attempted violation of § 81134 of the
Natural Resources and Environmental Protection Act, 1994 PA 451, MCLA
§ 324.81134.
(5)
A violation or attempted violation of § 185 of the
Aeronautics Code of the State of Michigan, 1945 PA 327, MCLA § 259.185.
(6)
A violation or attempted violation of § 80176(1),
(3), (4), or (5) of the Natural Resources and Environmental Protection
Act, 1994 PA 451, MCLA § 324.80176, or a local ordinance
substantially corresponding to § 80176(1) or (3) of the
Natural Resources and Environmental Protection Act, 1994 PA 451, MCLA
§ 324.80176.
(7)
A violation or attempted violation of § 353 of the
Railroad Code of 1993, 1993 PA 354, MCLA § 462.353.
(8)
A violation or attempted violation of § 411a(2) of
the Michigan Penal Code, 1931 PA 328, MCLA § 750.411a (false
report of a crime).
(9)
A violation or attempted violation of Section 4(1) of the Public
Threat Alert Act, MCLA § 28.674.
[Added 11-28-2012 by Ord. No. 1596]
Nothing contained in this article shall prohibit the applicable court of jurisdiction from imposing law enforcement personnel expenses and the expenses of prosecution as part of a sentence following conviction of any of the offenses listed in Section 2-123, as authorized by MCLA § 769.1f; provided, however, that the City of Holland shall not be reimbursed more than once for the expenses incurred in the arrest, processing and prosecution of any individual.
The law enforcement personnel expenses and expenses of prosecution for the offenses listed in Section 2-123 shall be determined and recovered as follows:
(1)
Charge against person. Any expenses incurred by the City, including law enforcement personnel expenses and the expenses of prosecution, resulting from an offense listed in Section 2-123, shall be charged against the individual convicted of that offense. The charge constitutes a debt of that person and is collectible by the City in the same manner as a contractual obligation.
(2)
Expense recovery schedule. The Holland City Council may, by resolution, adopt a schedule of expenses specifying the law enforcement personnel expenses and the expense of prosecution for the offenses listed in Section 2-123. Any adopted schedule of expenses shall be available to the public from the Holland City Clerk's Office. The schedule adopted by the City Council may be a flat fee based upon a study of average expense sustained in arresting, investigating, and prosecuting to conviction any of the listed offenses in Section 2-123. In the absence of an adopted schedule for an offense specified under Section 2-123(a), the City may seek its actual expense incurred as a result of the conviction.
(3)
Billing. The City of Holland Finance Department shall, within 10 days of receiving itemized expenses, or any part thereof, incurred for the arrest, investigation, and prosecution to conviction of an individual for an offense listed under Section 2-123, submit a bill to that individual for such expenses by first class mail or personal service. The bill shall require full payment in 30 days from the date of mailing or personal service. An administrative late charge as established by resolution adopted by City Council shall be charged for any payment made after the due date.
(4)
Failure to pay; procedure to recover expenses. Any individual responsible
for expenses under this article who fails to pay those expenses within
the time required by this article shall be in default. In case of
default, the City of Holland may file a civil suit to recover the
total amount of expenses or may contract with a collection agency
to recover such expenses on behalf of the City. Fees and costs incurred
to collect such charges shall be included in the amount to be paid.
[Added 11-28-2012 by Ord. No. 1596]
Nothing within this ordinance shall be construed to conflict,
contravene, enlarge or reduce any criminal liability or responsibility,
including fines imposed by a judge for any criminal offense under
Michigan law. If recovery of law enforcement personnel expenses and
the expense of prosecution are required as part of a criminal sentence,
the City of Holland Finance Department shall work with the applicable
court of jurisdiction to coordinate recovery of such expenses.
[Added 11-28-2012 by Ord. No. 1596]
The phrases, sentences, sections, and provisions of this article
are severable; if any portion of this article is found to be unconstitutional
or otherwise unenforceable, the remaining sections of the article
shall remain in full force and effect.
[Added 11-28-2012 by Ord. No. 1596]
All other ordinances, parts of ordinances or amendments to such
ordinances which conflict with this article are repealed to the extent
of such conflict.
