The City Council finds and declares the following:
A.
It is
the policy of the City to discourage the operation of motor vehicles
while under the influence of alcohol and/or drugs.
B.
It is
the policy of the City to encourage careful and responsible conduct
by persons operating motor vehicles.
C.
Driving
under the influence of alcohol and/or drugs is intentional wrongful
conduct.
D.
Intentional
wrongful conduct by persons who operate motor vehicles imposes a burden
upon City services above and beyond the regular services normally
required for traffic law enforcement.
E.
Persons
who willfully conduct themselves in a manner which imposes an extraordinary
burden on the public resources should bear a share of that burden.
F.
The
establishment of an emergency response cost recovery program is of
the utmost importance to the promotion of the general welfare and
safety of the people of Stockton because it is designed and intended
to encourage safe driving by requiring such persons to pay part of
the cost to the City for responding to incidents caused by their intentional
wrongful conduct.
(Prior code § 10-350)
There is hereby established an emergency response cost recovery
program (hereinafter "program") in accordance with California Government
Code Sections 53150 through 053158, or as hereinafter amended, which
allows for the collection of emergency response costs against:
A.
Any
persons whose negligent operation of a motor vehicle, boat or vessel,
or civil aircraft while under the influence of an alcoholic beverage
or drug proximately causes any incident resulting in any emergency
response by the City Police or Fire Department; and
B.
any
person whose intentional wrongful conduct while in the operation of
a motor vehicle, boat or vessel, or civil aircraft proximately causes
any incident resulting in an emergency response by the City Police
or Fire Department.
(Prior code § 10-351)
For the purpose of this chapter, unless the context clearly
requires a different meaning, the words, terms and phrases hereinafter
set forth shall have the meanings given them in this section:
means the incident necessitated the use of emergency lights
and siren by police or fire units responding to the incident.
means a situation proximately caused by any motorist who
is under the influence of an alcoholic beverage or any drug, or the
combined influence of an alcoholic beverage and any drug, whose negligent
operation of a motor vehicle, boat or vessel, or civil aircraft caused
by that influence results in an emergency response.
means conduct intended to injure another person or property.
means any person who operates a motor vehicle, boat or vessel,
or civil aircraft and, when so operating is subject to the law and
any duty imposed by law in the operation of said motor vehicle, boat
or vessel, or civil aircraft.
means the Commander of the Traffic Section of the Stockton
Police Department or a designated representative.
(Prior code § 10-352)
A.
A motorist
arrested for driving under the influence of alcohol and/or drugs (DUI)
will be billed only if all of the following criteria are met:
1.
Driving
under the influence of alcohol and/or drugs is evidenced by objective
symptoms observed by the arresting officer and either a refusal by
the motorist to submit to a chemical test, or a blood, breath or urine
test at or above the legal limit 0.08 alcohol level, as designated
by the California Vehicle Code, or at or above the legal limit established
for being under the influence of a controlled substance; and
2.
Negligent
operation of a motor vehicle, boat or vessel, or civil aircraft is
evidenced by either a collision or the commission of a moving violation
as defined under the Vehicle Code, Sections 21100, et seq., or Harbor
and Navigations Code Sections 650, et seq.; and
3.
The
incident evidenced by an accident or a moving violation was proximately
caused by driving under the influence of alcohol and/or drugs; and
4.
The
incident necessitated an emergency response, which entailed the use
of emergency lights and siren by police or fire units responding to
the incident.
B.
A motorist
arrested for other criminal acts resulting from intentional wrongful
conduct while operating a motor vehicle will be billed only if one
or more of the following criteria is met:
1.
A
motor vehicle, boat, vessel, or civil aircraft was operated with the
apparent intent to injure another person or property; or
2.
A
motorist attempts to evade arrest for acts involving operation of
a motor vehicle, boat, vessel, or civil aircraft with conduct intended
to injure another person or property; or
3.
A
motorist rammed or threatened to ram a police vehicle(s) or property
in the course of attempting to evade arrest.
C.
The
City will bill motorists only for the direct costs to the City of
emergency response including, but not limited to laboratory fees,
costs of repairing or replacing City property damaged or destroyed
due to the person's conduct, and the hourly salary, fringe benefits
and overhead costs of the Police Officer(s) and other personnel who
directly respond to an incident, prorated for the time it takes to
complete the emergency response at such rate as shall be fixed or
established from time to time by resolution of the City Council.
D.
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.
E.
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.
F.
If a
motorist refuses to pay the City or collection agency, the City may
pursue recovery 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 vehicle registration.
G.
If the
motorist who has paid an emergency response cost recovery bill is
acquitted of criminal charges after trial, the City will allow for
reimbursement.
(Prior code § 10-353)
Any person receiving a bill may appeal the bill to the Program
Manager within 30 days of the billing date by filing with the Program
Manager a written notice of appeal. The Program Manager 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 Program Manager 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 Program Manager may then be appealed to the City Manager.
(Prior code § 10-354)
A.
Any
person aggrieved by the decision of the Program Manager 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 Program Manager,
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 said hearing
at least 10 days prior to the hearing date. Said notice may be by
personal service or by certified mail, return receipt requested.
B.
At the
time and place fixed in said 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 proper 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 canceling 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.
C.
Action
taken by the City Manager, or a designee, shall be final and conclusive.
(Prior code § 10-355)
A.
Findings.
The City Council of the City of Stockton hereby finds that:
1.
The
City of Stockton is authorized to provide any service relating to
the protection of lives and property including, but not limited to,
fire protection services, rescue services, emergency medical services,
hazardous material emergency response services; and
2.
The
City Council of the City of Stockton finds that the quantity and scope
of services provided by the Stockton Fire Department and the costs
associated with providing those services has and continues to grow
at a rate exceeding that of the growth of revenues to provide such
services; and
3.
The
City Council of the City of Stockton finds that the costs of providing
some of the services of the City of Stockton Fire Department are an
increasing burden on the City of Stockton; and
4.
The
City of Stockton may charge a fee to recover the reasonable costs
borne by the City for costs of services necessary to protect the public
health and safety associated with motor vehicle accidents, motor vehicle
fires, motor vehicle extrications, hazardous materials spills or discharge
and fire cause and origin investigations.
B.
Fees
for Services and Costs—Fee Schedule.
1.
Purpose
and Intent. It is the purpose and the intent of this section to establish
fees to cover the cost of services which the City of Stockton Fire
Department provides related to motor vehicle accidents, collisions,
motor vehicle fires, motor vehicle extrications, and hazardous materials
spills or discharge.
2.
Fee
Schedule Adoption. The City Council shall adopt and amend, from time
to time, a schedule of fees as described in this section by resolution.
3.
Fee
Schedule. Fees to cover the costs of services provided by this section
are as follows:
a.
The following fees shall be charged for recovery of costs associated
with motor vehicle accidents, motor vehicle fires, and extrication:
i.
Motor Vehicle Accidents, Fires, and Extrications. The fee for services
provided by the City of Stockton Fire Department in connection with
response to motor vehicle accidents, collisions, motor vehicle fires,
extrications and cause and origin investigations shall be determined
on a case-by-case basis by the Fire Chief, designee or third-party
billing service, in an amount not to exceed the amount reasonably
borne by the City to provide such services, including, but not limited
to, reasonable costs of collecting said fees, including reasonable
attorneys' fees. Said fees shall be charged according to the usual,
customary and reasonable fees as set by a schedule of fees adopted
by resolution of the City Council of the City of Stockton which may,
from time to time, be amended by resolution of the City Council of
the City of Stockton. The fee shall not be charged to any person who
is resident of the City of Stockton, nor shall fees be charged to
any San Joaquin County Fire Protection District located within the
sphere of influence boundary of the City of Stockton.
b.
Hazardous Materials. The following fees shall be charged by the City
of Stockton Fire Department for the following services:
i.
Hazardous materials mitigation and/or cleanup and investigation costs
shall be determined on a case-by-case basis by the Fire Chief, designee
or third-party billing service in an amount not to exceed the amount
reasonably borne by the City to provide such services outside the
City limits of the City of Stockton, including, but not limited to,
reasonable costs of collecting said fees, including reasonable attorneys'
fees. The term "hazardous materials" shall have the same meaning as
the term "hazardous waste" as defined by the California Department
of Health pursuant to Health and Safety Code Section 25141. Said fees
shall be charged at the usual, customary and reasonable rate as set
by a schedule of fees adopted by resolution of the City Council of
the City of Stockton which may be amended, from time to time, by resolution
of the City Council.
c.
Persons Subject to Charges. The foregoing fees shall be charged,
as determined by the Fire Chief or designee or third-party billing
service to any person or persons whose negligent or willful act is
the cause of any motor vehicle fire, motor vehicle accident or collision
or technical rescue and to any person or persons who is the owner
of, or has custody and control over any vehicle involved in a motor
vehicle fire, motor vehicle accident or collision and to any person,
regardless of fault, responsible for the release or discharge of any
hazardous materials. Fees shall also be charged for any cause or origin
investigations.
d.
Nonexclusive Remedies. Nothing in this section precludes the City
of Stockton from using any other available method to recover fees
or costs as described in this section by any other means available
at law.
(Ord. 003-10 C.S. § 1,
eff. 2-25-10)
