[Code 1992, § 29-600; 1-24-1994 by Ord. No. 1055]
The City finds that a significant number of traffic arrests
and traffic accidents in the City involve drivers who were operating
a motor vehicle, snowmobile, off-road vehicle, or vessel while under
the influence of alcoholic liquor and/or a controlled substance. In
addition, the City finds that in traffic accidents involving drivers
who were operating a motor vehicle, snowmobile, off-road vehicle,
or vessel while under the influence of alcoholic liquor and/or a controlled
substance there is a greater likelihood of personal injury and property
damage. As a result of these determinations, a greater operational
and/or financial burden is placed upon the City police, public service,
firefighting and rescue services by persons who are operating motor
vehicles, snowmobiles, off-road vehicles, or vessels while under the
influence of alcoholic liquor and/or a controlled substance.
[Code 1992, § 29-601; 1-24-1994 by Ord. No. 1055]
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The providing, sending and/or utilizing of public service, police,
firefighting and rescue services by the City to an accident whereby
one or more of the drivers was operating the motor vehicle, snowmobile,
off-road vehicle, or vessel while under the influence of alcoholic
liquor or a controlled substance or the combined influence of alcoholic
liquor and a controlled substance; or
The making of a traffic stop and arrest by a police officer
when the driver was operating the motor vehicle, snowmobile, off-road
vehicle, or vessel while under the influence of alcoholic liquor and/or
a controlled substance.
The costs associated with the occurrence of an emergency
response as set forth in Subsection (1) or (2) of the definition of
the term "emergency response," whichever is applicable. The expenses
include all of the salaries, wages and fringe benefit costs of the
City personnel responding to the incident; all supervision and report
preparation; and all costs connected with the administration and provision
of all chemical tests of his or her blood, breath or urine and the
videotaping of the driver/operator, as well as the costs related to
any prosecution of the person causing the incident.
[Code 1992, § 29-602; 1-24-1994 by Ord. No. 1055]
(a)
Person responsible. Any person who is convicted of being under the
influence of alcoholic liquor or any controlled substance or the combined
influence of alcoholic liquor and any controlled substance, while
operating a motor vehicle, snowmobile, off-road vehicle, or vessel,
or while operating a motor vehicle, snowmobile, off-road vehicle,
or vessel with the presence in his or her body any amount of a controlled
substance listed in Schedule 1 under Section 7212 of the Michigan
Public Health Code (MCL 333.7212), or a rule promulgated under that
section, or of a controlled substance described in Section 7214(a)(iv)
of the Michigan Public Health Code (MCL 333.7214), which operation
results in an emergency response, shall be responsible and/or liable
for the expenses of the emergency response.
(b)
Presumptions. For the purpose of this division, a person is under
the influence of alcoholic liquor or a controlled substance or the
combined influence of alcoholic liquor and a controlled substance,
when his or her physical or mental abilities are impaired to a degree
that he or she no longer has the ability to operate a motor vehicle,
snowmobile, off-road vehicle, or vessel with the caution characteristic
of a sober person of ordinary prudence. Further, it shall be presumed
that a person was operating a motor vehicle, snowmobile, off-road
vehicle, or vessel while under the influence of alcoholic liquor if
a chemical analysis of his or her blood, urine or breath indicates
that the amount of alcohol in his or her blood was in excess of 0.07%.
(c)
Charge against person. The expense of an emergency response shall
be charged against the person liable for the expenses under this division.
The charge constitutes a debt of that person and is collectible by
the City incurring those costs in the same manner as for an obligation
under a contract, expressed or implied.
(d)
Billing. The Director of Public Safety or his or her designee may,
within 10 days of receiving itemized costs or any part thereof incurred
for an emergency response, submit a bill for these costs by first-class
mail or personal service to the person liable for the expenses as
enumerated under this division. The bill shall require full payment
in 30 days from the date of service.
(e)
Failure to pay; procedure to recover costs. Any failure to pay the
bill within 30 days of service, by the person liable as described
in this division, shall be considered in default and shall have a
10% late charge added to any unpaid balance. In case of default, the
City may commence civil suit to recover the expenses and any costs
allowed by law.
(f)
Funding distribution. The funds recovered as a result of this division
shall be used by the City to offset the costs incurred by the City
in making emergency responses to motor vehicle, snowmobile, off-road
vehicle, or vessel accidents and/or arrests involving drivers operating
motor vehicles, snowmobiles, off-road vehicles, or vessels while under
the influence of alcoholic liquor and/or a controlled substance. Those
costs shall include but not be limited to enforcement, officer education,
community education, video cameras, and necessary equipment and supplies.
[Code 1992, § 29-603; 1-24-1994 by Ord. No. 1055]
This division shall be construed to be a responsibility and
liability of a civil nature on the part of the driver and shall not
be construed to conflict, contravene or enlarge or reduce any criminal
liability or responsibility, including fines imposed by a judge on
a driver/operator for operating a motor vehicle, snowmobile, off-road
vehicle, or vessel while under the influence of alcoholic liquor and/or
a controlled substance.
