(a)
Driving Boating or Flying Under the Influence. The following guidelines and procedures are established for implementation and administration of Title 5, Division 2, Part 1, Chapter 1, Article 8 of the California Government Code entitled "Costs of Emergency Response" (Government Code Section 53150 et seq.), as it may be amended from time to time.
(1)
All City line departments (Police, Fire, Public Works, etc.) participating
in emergency responses to any incident involving a person under the
influence of alcohol and/or drugs, or a person whose conduct is intentionally
wrongful, while operating a motor vehicle, boat or civil aircraft,
shall log all personnel time, equipment time and use, and all incidental
costs involved in such emergency response.
(2)
The costs to the City for all such personnel time, equipment use
and incidental items shall be reported by each department within 10
days thereafter to the City Finance Department, including, without
limitation:
(i)
All direct wage costs for all department personnel so involved, including
the department head;
(ii)
All equipment costs, including reasonable depreciation or standard
industry hourly rental amount, plus the cost of all incidental materials
and supplies, involved in the emergency response;
(iii)
The department head responsible for determining that the person
causing the incident was under the influence of alcohol and/or drugs,
or that said person's conduct was intentionally wrongful, shall be
responsible for coordinating the preparation and furnishing of the
departmental reports to the City Finance Department.
(b)
The
provisions hereof shall be applied uniformly against all such persons
charged with a Penal Code, Vehicle Code, Health and Safety Code, or
other statutory violation; no City official other than a majority
of the City Council shall have authority to reduce or cancel the debt
obligation after criminal charges arising from the incident have been
approved by the District Attorney.
(c)
The
debt obligation herein shall only be excused or cancelled by the City
Council after a duly noticed public hearing.
(d)
All
judicial actions for judgment and collection of the debt obligation
herein shall be filed in the San Luis Obispo County Municipal Court,
Small Claims Division.
(e)
All
moneys collected shall be placed in the City's general fund, and shall
be included in the City budget projections.
(f)
The
City shall adopt a policy by resolution for financial recovery of
costs of emergency response pursuant to Government Code Section 53150
et seq.
(Ord. 259 § 1, 1992)
