[HISTORY: Adopted by the Village Council of the Village of Vicksburg as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-1-1992 by Ord. No. 191 (Ch. 70, Art. III, of the 1995 Village Code)]
The Village finds that a significant number of traffic arrests, accidents and prosecutions in the Village involve drivers who were operating motor vehicles while under the influence of, or impaired by, alcoholic beverages and/or controlled substances. In addition, the Village finds that in traffic accidents involving drivers who were operating motor vehicles while under the influence of alcoholic beverages and/or controlled substances there is a greater likelihood of personal injury and property damage. As a result of these arrests, accidents and prosecutions, a greater operational and financial burden is placed upon the Village in providing police, firefighting and rescue services, and in prosecuting persons who were operating motor vehicles while under the influence of, or impaired by, alcoholic beverages and/or controlled substances.
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:
EMERGENCY RESPONSE
A. 
The providing, sending and/or utilizing of public service, police, firefighting, and rescue services by the Village to an incident resulting in an accident involving a motor vehicle in which one or more of the drivers was operating the motor vehicle while under the influence of or impaired by an alcoholic beverage or controlled substances, or both; or
B. 
An incident resulting in a traffic stop and arrest by a police officer when the driver was operating the motor vehicle while under the influence of or impaired by an alcoholic beverage or a controlled substance, or both.
EXPENSE OF AN EMERGENCY RESPONSE
The direct and reasonable costs incurred by the Village in making an appropriate emergency response to the incident, including the costs of providing police, firefighting and rescue services at the scene of the incident. These costs further include the salaries or wages of the personnel responding to the incident and the costs connected with the administration and provision of the Breathalyzer or Intoximeter test.
EXPENSE OF PROSECUTION
The direct and reasonable costs incurred in prosecuting a driver who is convicted under the Uniform Traffic Code Section 5.15 or 5.15b, codified in § 445-12. These costs shall include the cost to the Village of employing an attorney to investigate the alleged violation, prepare for court appearances, appear at court hearings and at trial, in addition to all out-of-pocket expenses reasonably associated with the prosecution, including, but not limited to, witness, expert witness, publishing, transcription, service, mileage, and court costs.
Any person who is under the influence of, or impaired by, an alcoholic beverage or controlled substance, or both, whose negligent operation of a motor vehicle proximately causes any incident resulting in an emergency response is liable for the expense of the emergency response by the Village to the incident.
For purposes of this article, a person is either impaired by, or under the influence of, an alcoholic beverage or controlled substance, or both, 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 with the caution characteristic 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, or impaired by, an alcoholic beverage 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%, or if that person was convicted of violating the Uniform Traffic Code Section 5.15 or 5.15b, codified in § 445-12.
Any person who is convicted under the Uniform Traffic Code Section 5.15 or 5.15b, codified in § 445-12, is liable to the Village for the costs of prosecution incurred by the Village in obtaining the conviction.
The expense of an emergency response and of prosecution shall be a charge against the person liable for such expenses and costs under this article. The charge constitutes a debt of that person and is collectible by the Village in the same manner as in the case of an obligation under a contract, expressed or implied.
The Village Council shall, by resolution, adopt a schedule of the costs included within the expense of an emergency response. This schedule shall be available to the public from either the Village Manager or Police Department.
The Chief of Police or his or her designate shall, within 10 days of receiving itemized costs incurred for an emergency response and for prosecution of the offense, submit a bill for those costs by first class mail or personal service to the person liable for these expenses, as enumerated under this article. Such bill shall require full payment in 30 days from the date of service.
Any failure by a person described in this article as liable for the expense of an emergency response to pay the bill within 30 days of service of such bill shall render such matter in default. The Village may commence civil suit to recover the expenses and any costs allowed by law.