[Adopted 4-12-1989 by Ord. No. 89-1 (Part 193 of the 1995 Compilation
of Ordinances)]
The Township finds that a significant number of traffic arrests
and traffic accidents in the Township involve drivers who were operating
a motor vehicle while under the influence of alcoholic beverages and/or
a controlled substance. In addition, the Township finds that in traffic
accidents involving drivers who were operating a motor vehicle while
under the influence of alcoholic beverages 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 Township police, public service,
firefighting and rescue services by persons who are operating a motor
vehicle while under the influence of alcoholic beverages and/or a
controlled substance.
As used in this article, the following terms shall have the
meaning indicated:
EMERGENCY RESPONSE
A.
The providing, sending and/or utilizing public service, police,
firefighting, and rescue services by the Township to an accident involving
a motor vehicle where one or more of the drivers were operating the
motor vehicle while under the influence of an alcoholic beverage or
controlled substance or the combined influence of an alcoholic beverage
and controlled substance; or
B.
The making of traffic stop and arrest by a police officer when
the driver was operating the motor vehicle while under the influence
of an alcoholic beverage or controlled substance.
EXPENSE OF EMERGENCY RESPONSE
The direct costs associated with the occurrence of an emergency
response as set forth in Subsection A or B of the definition of "emergency
response," whichever is applicable, shall include the costs connected
with the administration and provision of a breathalyzer test and the
videotaping of the driver, if applicable. These costs shall be set
by Township Board resolution.
This article 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 under the Michigan
Vehicle Code on a driver for operating a motor vehicle while under
the influence of an alcoholic beverage and/or controlled substance.
[Adopted 6-8-1994 by Ord.
No. 94-5 (Part 196 of the 1995 Compilation of Ordinances)]
In order to protect the Township from incurring extraordinary
expenses resulting from the utilization of Township resources to respond
to an incident involving hazardous materials, the Township Board authorizes
the imposition of charges to recover reasonable and actual costs incurred
by the Township in responding to calls for assistance in connection
with a hazardous materials release.
As used in this article, the following terms shall have the
meanings indicated:
HAZARDOUS MATERIALS
Includes, but is not limited to, a chemical that is a combustible
liquid, a flammable gas, explosive, flammable, an organic peroxide,
and oxidizer, pyrophoric, unstable reactive or water reactive.
RELEASE
Any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, leaching, dumping or disposing into the environment.
RESPONSIBLE PARTY
Any individual, firm, corporation, association, partnership,
commercial entity, consortium, joint venture, government entity or
any other legal entity that is responsible for a release of hazardous
material, either actual or threatened, or is an owner, tenant, occupant
or party in control of property onto which or from which hazardous
materials are released.
Where the Township fire, police and/or DPW departments respond
to a call for assistance in connection with a hazardous materials
release, actual costs incurred by the Township responding to such
a call shall be imposed upon responsible parties, including, but not
limited, to:
A. Vehicles and equipment for all departments as established by the
Township Board and detailed in the Township's fee schedule.
B. All personnel-related costs incurred by the Township as a result
of responding to the hazardous materials incident. Such costs may
include, but are not limited to, wages, salaries and fringe benefits
and insurance for full-time and part-time employees; overtime pay,
and related fringe benefit costs for hourly employees, and fire run
fees, paid to on-call fire/rescue personnel. Such personnel-related
charges shall commence immediately upon any departments responding
to the hazardous materials incident, and shall continue until all
Township personnel have concluded hazardous materials incident-related
responsibilities.
C. Other expenses incurred by the Township in responding to the hazardous
materials incident, including but not limited to rental or purchase
of machinery, equipment, labor, consultants, legal and engineering
fees, and the replacement costs related to disposable personal protective
equipment, extinguishing agents, supplies, water purchased from municipal
water systems and meals and refreshments for personnel while responding
to the hazardous materials incident.
D. Charges to the Township imposed by any local, state or federal government
entities related to the hazardous materials incident.
E. Costs incurred in accounting for all hazardous material incident-related
expenditures, including billing and collection costs.
Following the conclusion of the hazardous materials incident,
the appropriate department head shall submit a detailed listing of
all known expenses to the Township administration, who shall prepare
and invoice the responsible party for payment. The Township's
invoice shall demand full payment within 30 days from receipt of the
bill. Any additional expenses that become known to the Township following
the transmittal of the bill to the responsible party shall be billed
accordingly. For any amounts due that remain unpaid after 30 days,
the Township shall impose a late charge of 1% per month, or fraction
thereof.
The Township may pursue any other remedy, or may institute any
appropriate action or proceeding, in a court of competent jurisdiction
to collect charges imposed under this article. The recovery of charges
imposed under this article does not limit liability of responsible
parties under local ordinance or state or federal law, rule or regulation.