[HISTORY: Adopted by the Township Board of the Charter Township of Huron as indicated in article histories. Amendments noted where applicable.]
[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.
A. 
Any person who, while under the influence of an alcoholic beverage or any controlled substance or the combined influence of an alcoholic beverage and any controlled substance, operates a motor vehicle which results in an emergency response as defined in § 250-2 of this article shall be responsible and/or liable for the expenses of the emergency response.
B. 
For purposes of this article, it shall be presumed that a person was operating a motor vehicle under the influence of an alcoholic beverage if chemical analysis of the driver's blood, urine or breath indicates that the amount of alcohol in the driver's blood was in excess of 0.07%.
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.