[HISTORY: Adopted by the Township Board of the Charter Township
of Oakland as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-27-2004 by Ord. No. 101 (Ch. 2, Art. V, Div. 4,
of the 2007 Code of Ordinances)]
The Township finds that a significant number of traffic arrests
and traffic accidents in the Township involve drivers who operate
a motor vehicle while intoxicated or visibly impaired as such terms
are defined in the Michigan Vehicle Code, Public Act No. 300 of 1949
(MCLA § 257.1 et seq.); or, that involve drivers under 21
who operate a motor vehicle with a blood alcohol level of 0.02 through
0.07, who are arrested and/or involved in accidents. In addition,
the Township finds that when a traffic accident involves drivers who
are operating a motor vehicle as stated above, there is a greater
likelihood of personal injury and property damage. As a result of
these determinations, a greater operational and financial burden is
placed upon the Township's police, firefighting and rescue services.
Additionally, the Township has determined that the protection and
promotion of the public health, safety, and, welfare requires the
adoption of this article to provide a means for the Township to recover
costs and expenses of emergency response from persons who are arrested
for and/or are convicted of violating personal and foreign protection
orders; and, to provide a means for the Township to recover costs
of extradition of persons from other states.
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:
The dispatch, provision or utilization of the police, firefighting
and/or medical and rescue services by the Township to or at an accident
involving a motor vehicle where one or more of the drivers was operating
a motor vehicle while intoxicated or visibly impaired as such terms
are defined in the Michigan Vehicle Code (MCLA § 257.1 et
seq.); or is a person under 21 who was operating a motor vehicle with
a blood alcohol level of 0.02 through 0.07.
The making of a traffic stop and arrest by a police officer
when the driver was either operating a motor vehicle while intoxicated
or visibly impaired as such terms are defined in the Michigan Vehicle
Code (MCLA § 257.1 et seq.), or was a person under 21 operating
a motor vehicle with a blood alcohol level of 0.02 through 0.07.
The dispatch, provision or utilization of the police, firefighting
and/or medical and rescue services by the Township, resulting in the
arrest, and/or finding of guilt for criminal contempt for a violation
of a personal protection order issued under Section 2950 or 2950a
of the Revised Judicature Act of 1961, Public Act No. 236 of 1961
(MCLA §§ 600.2950, 600.2950a), or for the violation
of a foreign protection order that satisfies the conditions of validity
provided in Section 2950i of the Revised Judicature Act of 1961, Public
Act No. 236 of 1961 (MCLA § 600.2950i).
The direct and reasonable costs incurred by the Township
associated with the occurrence of an emergency response including,
but not limited to the following:
The salaries or wages, including overtime pay of law enforcement
personnel for time spent responding to the emergency, arresting and
processing the person after an arrest for a crime causing the emergency,
preparing reports on the emergency, investigating the emergency, and
collecting and analyzing evidence, including, but not limited to,
determining bodily alcohol level 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 emergency.
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 emergency.
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 creating the emergency.
The cost of extraditing a person from another state to this
state, including, but not limited to, all of the following:
For the purpose of this article, a person is presumed to be
operating while intoxicated or visibly impaired if he meets the standards
of intoxicated or visibly impaired as they are defined in the Michigan
Vehicle Code (MCLA § 257.1 et seq.); or, if that person
is under 21 and operating a motor vehicle with a blood alcohol level
of 0.02 through 0.07.
A.
Any person who is arrested for the following violations shall be
liable for the costs and expenses incurred by the Township for providing
emergency response services:
(1)
Operating a motor vehicle while intoxicated or visibly impaired pursuant
to Section 625 of the Michigan Vehicle Code (MCLA § 257.625).
(2)
Person under 21 operating a motor vehicle with a blood alcohol level
of 0.02 through 0.07, pursuant to Section 625(6) of the Michigan Vehicle
Code [MCLA § 257.625(6)].
(3)
Violating the terms and conditions of a personal protection order
issued under Section 2950 or 2950a of the Revised Judicature Act of
1961 (MCLA §§ 600.2950 and 600.2950a), or for the violation
of a foreign protection order that satisfies the conditions of validity
provided in Section 2950i of the Revised Judicature Act of 1961 (MCLA
§ 600.2950i).
B.
The expense of an emergency response shall be a charge against the
person liable for costs and expenses under this article. The cost
and expense of an emergency response constitutes a debt of that person
and is collectible by the Township for incurring those costs and expenses
in the same manner as in the case of an obligation under a contract,
express or implied, or as an assessment under the Charter of the Township.
C.
Alternatively, as part of the sentence for a conviction of violations set forth in Subsection A of this section, in addition to any other penalty authorized by law, the court may order the person convicted to reimburse the Township for expenses incurred in relation to that incident, including but not limited to expenses for emergency response, and expenses for prosecuting the person as provided in this article.
The Township Board of Trustees shall by resolution adopt a schedule
of the costs included within the expense of an emergency response.
This schedule may be available to the public from either the Township
Clerk or the sheriff's substation.
A.
The Township Clerk or the designee thereof, within 15 days of an
emergency response, shall prepare a list of itemized costs incurred
for an emergency response, and submit a bill for the same by first-class
mail or personal service to a person liable for the expenses as enumerated
under this article. The bill shall require full payment within 30
days from the date of service.
B.
Alternatively, the amount ordered to be paid pursuant to § 190-4B shall be paid to the clerk of the court, who shall transmit the appropriate amount to the Township to receive reimbursement. If not otherwise provided by the court under this section, the reimbursement ordered pursuant to § 190-4C shall be made immediately. However, the court may require that the person make the reimbursement ordered under this section within a specified period or in specified installments. Additionally, the court may be authorized by resolution of the Township Board to collect the subject debt for the Township and may charge a reasonable service fee for such collection in an amount mutually agreed upon by the court and the Township.
A.
Any failure by the responsible person to pay the itemized costs within 30 days of service in accordance with § 190-4B shall be considered a default. In case of default, the Township may commence a civil suit to recover the unpaid costs and expenses of an emergency response allowed by law.
B.
Alternatively, as part of the sentence for a conviction of the violations enumerated in § 190-4A, if the person convicted is placed on probation or paroled, any reimbursement ordered under § 190-4C shall be a condition of that probation or parole. The court may revoke probation and the parole board may revoke parole if the person fails to comply with the order and if the person has not made a good faith effort to comply with the order. In determining whether to revoke probation or parole, the court or parole board shall consider the person's employment status, earning ability, number of dependents, and financial resources, the willfulness of the person's failure to pay, and any other special circumstances that may have a bearing on the person's ability to pay. Notwithstanding any other provision of this section, a person shall not be imprisoned, jailed, or incarcerated for a violation of parole or probation, or otherwise, for failure to make a reimbursement as ordered under this section unless the court determines that the person has the resources to pay the ordered reimbursement and has not made a good faith effort to do so.
This article shall not be construed to conflict, contravene or enlarge any criminal liability or responsibility on the part of the responsible person. In the event that the responsible person is convicted and ordered by the court to pay the costs and expenses of the emergency response in accordance with § 190-4C, no additional payment to the Township pursuant to § 190-4B shall be made. This section does not allow the Township to be fully reimbursed more than once for any expense incurred by the Township.
[Adopted 7-28-2009 by Ord. No. 63-2009A (Ch. 8, Art. V, of
the 2007 Code of Ordinances)]
The following words and terms shall, for purposes of this article,
have the meanings set forth below:
The actual costs incurred by the Township, and by any other
governmental or intergovernmental entity providing services at the
request or direction of the Township's Fire Department, as the
result of an emergency response, except as may be limited by a policy
adopted by the governing body. Such costs shall include, without limitation,
all labor costs (including wages, salaries, fringe benefits, and reimbursable
expenses) of all personnel responding to the incident and all personnel
engaged in the investigation, supervision and report preparation relating
to the incident; all costs for materials, supplies, and equipment
utilized or damaged in connection with an emergency incident and emergency
response; all costs for the repair or replacement of publicly owned
property (real and personal property), buildings, facilities and infrastructure
(such as utilities, roads, sidewalks, safety paths and other infrastructure
and public improvements) damaged or destroyed in connection with or
as a direct or indirect result of an emergency incident and emergency
response; investigation of an emergency incident and firefighting,
emergency services, cleaning up, inspecting, testing, abating, mitigating,
restoring and crowd control at the site of an emergency response;
all costs for labor and services for which the Township had to contract
in connection with or as a direct or indirect result of an emergency
incident and emergency response; and any other expenses incurred by
the Township, and by any other governmental or intergovernmental entity
providing services at the request or direction of the Township's
Fire Department, in connection with or as a direct or indirect result
of an emergency incident and emergency response.
A fire, accident, utility emergency, hazardous material incident,
arson, technical rescue, or other emergency situation.
The dispatch, provision, response and/or utilization of police,
fire, emergency medical, rescue services and/or other emergency services
by the Township, or by any other governmental or intergovernmental
entity providing any such services at the request or direction of
the Township's Fire Department, to an emergency incident or any
call for assistance from any person, property owner, government agency,
emergency service provider, or other entity.
An incident involving any chemical, substance, compound, mixture, or other material defined as, designated as, listed as, or having the same characteristics as any substance, compound, mixture or material listed as hazardous under the Fire Code adopted under Chapter 203, Fire Prevention, Article I, Adoption of Standards, any other code adopted or enforced by the Township, or any federal or state law or regulation.
Any individual, partnership, corporation, limited liability
company, association, consortium, governmental entity, public utility
company, or any other legal entity.
Downed power lines, gas pipeline breaks, or other mishaps
occurring in connection with the activities of public utilities or
their suppliers which necessitates an emergency response or monitoring
by the Township's police, firefighting and/or emergency medical/rescue
services, or causes damage to public property.
A.
The owner, lessor and operator of any property to which there is
an emergency response shall be presumed liable for the cost of the
emergency response.
B.
Any person or vehicle owner/lessee who owns, leases and/or operates
a motor vehicle, other transporter or equipment of any kind, the operation
of which results in an emergency response, shall be presumed liable
for the costs of the emergency response.
C.
Any person owning, maintaining or operating a railroad shall be presumed
liable for the cost of the emergency response in the event of an emergency
incident involving the railroad.
D.
Any person who is responsible for or whose actions are a cause of
an emergency incident giving rise to a need for an emergency response
shall be liable for the costs of the emergency response.
E.
In the event of a utility emergency, the public utility whose activities
or facilities (including but not limited to, electric lines, telephone
lines, cable lines and pipelines) necessitated the emergency response
shall be liable for the costs of the emergency response.
F.
If more than one person is liable for the expense of an emergency
response under the foregoing provisions, all such persons shall be
jointly and severally liable for the cost of the emergency response.
G.
In the event of an emergency incident that involves a hazardous materials
incident, to the extent the Michigan Natural Resources and Environmental
Protection Act (being MCLA § 323.101 et seq.) or any other
law preempts the cost recovery provisions of this article, the liability
for and recovery of costs of the emergency response shall be governed
by the Michigan Natural Resources and Environmental Protection Act
or such other law, and the Township may pursue collection of such
costs of the emergency response in a civil action, pursuant to said
laws.
A.
The cost of an emergency response shall be a charge against the person
or persons deemed liable for the expenses of an emergency response.
Such charge constitutes a debt of that person or persons and is collectible
by the Township in the same manner as in the case of an obligation
under an express or implied contract. The Township may, within 30
days of receiving all or part of the itemized costs incurred by the
Township and any other jurisdiction providing mutual aid to the Township
for an emergency response, submit a bill for such costs by first-class
mail or personal service to the person or persons liable for the expenses
as enumerated under this article.
B.
Any person receiving such a bill shall have the opportunity to appeal
all or any portion of the amount shown on such statement by filing
a written request for same with the Fire Chief within 30 days of receipt
of an invoice from the Township. The request must be accompanied by
a written explanation as to why the amount appealed should not be
charged to the appellant. The Fire Chief or his designee shall hear
such appeals. If the Fire Chief or his designee determines that the
appellant is not properly liable for any of the entire amount charged,
the Fire Chief, or his designee may waive such charge against the
appellant. The findings and decisions of the Fire Chief shall be in
writing and filed with the Township Clerk and Treasurer. If no written
request for appeal is received within the specified time, the Township
may proceed in accordance with applicable laws and ordinances to collect
any monies remaining unpaid at the expiration of 30 days from billing.
C.
Any failure by any person or entity to either pay the bill within 30 days of service, or file an appeal as set forth in Subsection B shall be considered to be a civil default, and the Township may commence a civil suit against such person or entity to recover the billed expenses of an emergency response, plus the Township's attorney fees, court costs, litigation expenses and all other costs allowed by law or equity. The recovery of costs of an emergency response under this article is a separate civil liability of any person liable for the emergency response, and is separate from and in addition to any criminal proceedings that may be brought against the person or persons.
D.
In addition, the Township shall have any other remedy available to
the Township by law or equity, including but not limited to requesting
the Township Attorney to file a civil action for the recovery of costs
as provided in this article or otherwise.
