[Ord. No. 101,
§ 2, 2-19-1996]
A significant number of traffic arrests and accidents in the
township involve drivers operating a motor vehicle while under the
influence of intoxicating liquor or a controlled substance, or a combination
of both. Furthermore, the township finds that there is a greater likelihood
of personal injury or property damage in accidents involving a driver
operating under the influence of intoxicating liquor or controlled
substance, or a combination of both. As a result, the township finds
that a greater operational and financial burden has been placed on
the township's police department, firefighting, and rescue services
by persons who are operating a motor vehicle while under the influence
of alcoholic beverages or a controlled substance, or a combination
of both, and that it is necessary to recover these increased emergency
response costs.
[Ord. No. 101,
§ 3, 2-19-1996]
(a)
Interpretation. The terms and provisions of this article shall be
interpreted and applied as minimum standards and requirements for
the promotion of the public health, safety and welfare, for persons
and property within the township.
(b)
Interference with other ordinances. This article shall not interfere
with, abrogate, annul or repeal any other valid law, ordinance, rule
or regulation previously in effect, including any other valid cost
recovery ordinance. Moreover, in instances where this article specifically
imposes a greater restriction or higher standard than other ordinances,
the provisions of this article shall govern.
(c)
Conflict with state law. This article is not intended to conflict
with and/or preempt application of the statutes of the state and the
laws of the United States against operating a motor vehicle under
the influence of intoxicating liquor or controlled substance, or a
combination of both.
(d)
Prosecution of other ordinances. This article is not intended to
govern prosecution of township ordinances against operating under
the influence of intoxicating liquor or a controlled substance, or
a combination of both.
[Ord. No. 101,
§ 4, 2-19-1996]
This article is adopted pursuant to and in accordance with the
provisions of Act No. 246 of the Public Acts of Michigan of 1945 (MCL
41.181 et seq.), as amended, and Act No. 359 of the Public Acts of
Michigan of 1947 (MCL 42.1 et seq.), as amended.
[Ord. No. 101,
§ 5, 2-19-1996]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
All direct and reasonable costs related to an emergency response
incurred by the township or by private individuals or a corporation
operating at the request of the direction of the township. These costs
shall include but are not limited to the costs of the police, firefighting,
emergency medical and rescue services; the salaries, wages, fringe
benefits of any personnel responding to the incident; the salaries,
wages and fringe benefits of any personnel engaged in investigating
the incident and all costs of any related reports; all costs connected
with the supervision of personnel responding to or investigating any
incident; all costs linked with the administration of processing the
chemical tests of blood, breath or urine of a driver; and all costs
related to any prosecution of the person causing the incident.
Providing, sending or utilizing police, firefighting, or
emergency medical service by the township, or by a private individual
or corporation operating at the request or direction of the township,
in connection with any incident involving a driver of a motor vehicle
operating under the influence of intoxicating liquor or a controlled
substance, or a combination of intoxicating liquor and a controlled
substance. These incidents shall include but not be limited to any
accident involving a motor vehicle where one or more of the drivers
was operating a motor vehicle while under the influence of intoxicating
liquor or controlled substance, or combination of intoxicating liquor
and controlled substance; any traffic stop and arrest by a police
officer where the driver was operating a motor vehicle while under
the influence of intoxicating liquor or controlled substance, or a
combination of both.
Every device in, upon, or by which any person or property
is or may be transported or drawn on a highway, except devices which
are moved exclusively by human power or which are used exclusively
on stationary rails or tracks and except for a mobile home as defined
in section 2 of Act No. 419 of the Public Acts of Michigan of 1976
(MCL 125.1102), as amended, including but not limited to any snowmobile,
off-road vehicle, or vessel.
[Ord. No. 101,
§ 6, 2-19-1996]
(a)
Liability. Any person is liable for the costs of an emergency response
if that person, while under the influence of intoxicating liquor or
a controlled substance, or a combination of intoxicating liquor and
a controlled substance, proximately causes any incident resulting
in an emergency response.
(b)
Presumptions. For the purpose of this article, a person is under
the influence of an intoxicating liquor or a controlled substance,
or the combination of an intoxicating liquor and a controlled substance,
when his physical or mental abilities are impaired to a degree that
he no longer has the ability to operate a motor vehicle with the characteristics
of a sober person of ordinary prudence. Further, it shall be presumed
that a person was operating a motor vehicle while under the influence
of an intoxicating liquor if a chemical analysis of his blood, urine
or breath indicates that the amount of alcohol in his blood was in
excess of 0.07%.
(c)
Charges against a person. The costs of an emergency response shall
be a charge against the person liable for the costs of an emergency
response. The charge constitutes a debt of that person and is collectible
by the township for incurring those costs in the same manner as in
the case of an obligation under a contract, expressed or implied.
(d)
Certification of expenses. Township personnel and departments involved
in an emergency response shall keep an itemized record of recoverable
expenses resulting from an emergency response. Promptly after completion
of an emergency response, the township departments shall certify those
expenses to the chief of police, or the chief's agent.
(e)
Billing. The chief of police or the chief's agent may, within 30
days of receiving a complete list of itemized costs of an emergency
response, submit a bill for these costs by first class mail, certified
mail or personal service to the person liable for the costs. This
bill shall require full payment in 30 days from the date of service.
(f)
Failure to pay; procedure to recover costs. Any failure by the person
described in this article as liable for the costs of an emergency
response, to pay the bill within 30 days of service shall be considered
in default. In case of default, the township may commence a civil
suit to recover the costs plus any additional costs or expenses allowed
by law.
