In accordance with the authority provided pursuant to California Government Code Sections 53150 through 53158, any individual who is under the influence of alcohol or drugs or the combined influence of alcohol and drugs, and whose negligent operation of a motor vehicle, boat or vessel caused by that influence proximately causes any incident resulting in an appropriate emergency response, and any individual whose intentionally wrongful conduct proximately causes any incident resulting in an appropriate emergency response, shall be liable for and shall pay to the city of Rio Vista the costs of such appropriate emergency response. An incident, for purposes of this chapter, shall only constitute those circumstances where the conduct or behavior of the individual who is under the influence of alcohol or drugs or the combined influence of alcohol and drugs necessitates a response beyond solely the stopping and/or arrest of the individual. In no event shall an individual's liability under this section exceed the maximum allowable under state law.
(Ord. 627 § 1 Exh. A, 2007)
A. 
For purposes of this chapter, "appropriate emergency response" is defined to mean those actions taken by a city of Rio Vista police officer, firefighter, firefighter paramedic, or other employee of the city of Rio Vista who responds to an incident, or provides law enforcement, firefighting, rescue or emergency medical services at the scene of an incident, if that incident is caused by the negligent operation of a motor vehicle, boat or vessel by an individual under the influence of alcohol or drugs, or the combined influence of alcohol and drugs, or by an individual's intentionally wrongful conduct. Those actions include, but are not limited to, the following:
1. 
Stopping a motorist or operator of a boat or vessel upon the reasonable suspicion that he or she is under the influence of alcohol or drugs, or the combined influence of alcohol and drugs; determining whether a motorist or operator of a boat or vessel is under the influence of alcohol or drugs, or the combined influence of alcohol and drugs; preventing a motorist or operator of a boat or vessel who is under the influence of alcohol or drugs, from operating or continuing to operate a motor vehicle, boat or vessel; placing under arrest a motorist or operator of a boat or vessel who is under the influence of alcohol or drugs, or the combined influence of alcohol and drugs; arranging for the transport of a motorist or operator of a boat or vessel under the influence of alcohol or drugs, or the combined influence of alcohol and drugs; or arranging for the transport of his or her vehicle, boat or vessel to an appropriate location; or
2. 
Responding to the scene of a vehicular or maritime accident involving injury to persons or property; responding to the scene of any other incident involving injury to persons or property; assisting persons injured, whether by the intentionally wrongful conduct of others, or by the negligent operation of a motor vehicle, boat or vessel while under the influence of alcohol or drugs or the combined influence of alcohol and drugs; transporting injured persons to an appropriate location; or performing any other acts at the scene of the incident or accident that are designed to prevent or alleviate harm or injury to persons or property.
(Ord. 627 § 1 Exh. A, 2007)
A. 
The hourly charges assessed to compensate the city for the personnel and equipment costs of an emergency response to an incident caused by an individual's intentionally wrongful conduct, or by an individual's negligent operation of a motor vehicle, boat or vessel while under the influence of alcohol or drugs, or the combined influence of alcohol and drugs, shall be determined by the fire department, police department, and public works department as to their respective personnel and equipment, in consultation with the city finance department, and shall by approved by the city council by resolution.
B. 
The city shall prepare all invoices and shall take all other actions necessary to collect the costs of an appropriate emergency response as defined in Section 9.16.020. The fire department, police department and public works department shall cooperate with designated city officials to collect such costs, and within 30 days of any appropriate emergency response by their personnel, shall provide to the designated officials the information necessary to prepare and deliver an invoice for the collection of the costs of such response.
C. 
The city will treat the emergency response costs as a civil debt of that person which is collectible by the city in the same manner as a contract obligation. Therefore, the city need not wait until there is a conviction before billing the motorist.
D. 
If the emergency response cost bill is not paid within 30 days after the initial bill is mailed by the city or if arrangements are not made for partial payment during the 30 day period, then the bill will be considered delinquent and may be referred to a collection agency.
E. 
If a motorist refuses to pay the city or collection agency, the city may pursue recover as provided by law. This action will not be initiated until after the criminal charges have been adjudicated.
1. 
As an alternative, in all appropriate cases, the city will seek to have payment of the bill imposed as a condition of probation.
2. 
As an alternative, in all appropriate cases, where the motorist has not made restitution, the city will request the department of motor vehicles to place a hold on the motorist's registration.
F. 
If an individual reimburses the city for the cost of an emergency response in connection with negligent operation of a motor vehicle, boat or vessel under the influence of alcohol or drugs, or the combined influence of alcohol and drugs, the individual is charged criminally with operation of a motor vehicle, boat or vessel while under the influence of alcohol or drugs, or the combined influence of alcohol and drugs, and the judge or jury acquits the individual of the charge, or the district attorney dismisses the criminal charge and that dismissal is not entered in exchange for a plea of guilty or no contest to a lesser-included offense, the city shall reimburse the individual for the costs of the emergency response.
(Ord. 627 § 1 Exh. A, 2007)
Any person receiving a bill may appeal the bill to the chief of police within 30 days of the billing date by filing with the chief of police a written notice of appeal. The chief of police will review the bill for accuracy. If the bill is found to be in error, then the bill will be corrected, or if appropriate, cancelled. The decision of the chief of police shall be rendered within 72 hours of the receipt of the written notice of appeal. Any bill still in dispute after being appealed to the chief of police may then be appealed to the city manager.
(Ord. 627 § 1 Exh. A, 2007)
Any person aggrieved by the decision of the chief of police shall have the right to appeal the bill to the city manager by filing with the city clerk within five days after the decision of the chief of police, a written notice of appeal setting forth the grounds thereof. The city manager, or a designated representative, shall fix the time and place of the hearing within 15 days following the filing of an appeal with the city clerk. The appellant shall be given notice of the hearing at least 10 days prior to the hearing date. The notice may be provided by personal service or by certified mail, return receipt requested.
At the time and place fixed in the notice, or at any time to which the matter may be continued by the mutual consent of the parties, the city manager, or a designee, shall hear the applicant and all witnesses together with any property documentary evidence offered in support of the appeal. The city manager, or a designee, shall at the conclusion of the hearing, make findings of fact based upon the evidence submitted and determine whether grounds exist for amending or cancelling the bill. If from the evidence the city manager, or a designee, finds grounds exist for the amendment or cancellation of the bill, the amendment or cancellation thereof shall be ordered. If following the hearing, the city manager, or a designee, determines that no proper grounds exist for the amendment or cancellation of the bill, the appellant shall be ordered to pay the bill in full within 30 days from that date. Action taken by the city manager or a designee shall be final and conclusive.
(Ord. 627 § 1 Exh. A, 2007)