The City of Lawndale finds and declares the following:
A.
The
city seeks to discourage drivers from operating motor vehicles while
under the influence of alcohol and/or drugs.
B.
The
city seeks to encourage careful and responsible conduct by persons
using public streets.
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 law enforcement.
E.
Persons
who willfully conduct themselves in a manner which imposes an extraordinary
burden on the public resources by requiring an emergency response
by the sheriff's department, fire department, paramedics and other
emergency public services should bear a share of the costs of the
emergency services.
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 the city because it is designed and intended
to encourage safe and responsible conduct by requiring such persons
to pay part of the cost to the city for responding to emergency incidents
caused by their intentional wrongful conduct.
(Ord. 1040-10 § 1)
There is hereby established an emergency response cost recovery
program (hereinafter the "program") in accordance with California
Government Code Sections 53150 through 53159, as may be amended from
time to time, as described herein, to allow for the collection of
emergency response costs from:
A.
Any
person whose negligent operation of a motor vehicle, while under the
influence of an alcoholic beverage and/or any drug, proximately causes
any incident resulting in any emergency response; and
B.
Any
person whose intentional wrongful conduct in connection with the operation
of a motor vehicle proximately causes any incident resulting in an
emergency response; and
C.
Any
person convicted of making a false police report; and
D.
Any
unauthorized person who enters into an area that is closed to the
public or any person who drives onto a road that is covered by water
which results in an emergency response to search for or rescue the
person.
(Ord. 1040-10 § 1)
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 operation of a motor vehicle while under the influence
of more than the legal limit for alcohol and/or any drug.
means any person who operates a motor vehicle and, when so
operating, is subject to the law and any duty imposed by law in the
operation of said motor vehicle and who does so over the legal limit
and under the influence of an alcoholic beverage or any drug, or the
combined influence of an alcoholic beverage and any drug.
means the lieutenant or captain assigned to the Program by
the Lawndale sheriff's department.
means a situation proximately caused by a person that results in an emergency response including those incidents listed in Section 9.32.040 below or any incident wherein costs can be recovered as authorized by law. This definition is not limited to traffic accidents by DUI suspects and includes such acts as the abandonment of a vehicle over active railroad tracks by a DUI suspect. On the other hand, an incident is more than a simple DUI arrest that does not require an emergency response, such as where a DUI suspect's car is involved in an accident with only minor damage and no injuries. (California Highway Patrol v. Superior Court (2006) 135 Cal.App.4th 488, 500, 504.)
(Ord. 1040-10 § 1)
A.
A motorist
arrested for DUI will be billed only if all of the following criteria
are met:
1.
A
person is driving under the influence. A person is under the influence
of an alcoholic beverage or any drug, or the combined influence of
an alcoholic beverage and any drug, when as a result of drinking an
alcoholic beverage or using a drug, or both, 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 under the same or similar circumstances;
and
2.
Negligent
operation of a motor vehicle is evidenced by either a collision or
the commission of a moving violation as defined under the Vehicle
Code, Sections 21100, 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 person
who makes a false police report will be billed only if the following
criteria are met:
1.
The
person is eighteen years of age or older; and
2.
The
person is convicted of making a false police report, in violation
of Section 148.3 of the Penal Code; and
3.
The
false police report proximately causes an appropriate emergency response.
C.
A person
will be billed for the following conduct:
1.
Subject
to paragraphs (3) and (4) below, a person who enters into an area
that is closed to the public will be billed only if the following
criteria are met:
a.
The person intentionally, knowingly and willfully enters into an
area that is closed or has been closed to the public by competent
authority for any reason, or an area that a reasonable person under
the circumstances should have known was closed to the public. Posting
a sign, placing a barricade, a restraining or retaining wall, roping
off an area, or any other device is sufficient indication that an
area is closed to the public due to danger of injury, for the public's
safety, or for any other reason; and
b.
An emergency response is required to search for or rescue the person,
or if the person was operating a vehicle, any of his or her passengers,
plus the expense for the removal of any inoperable vehicle.
2.
Subject
to paragraphs (3) and (4) below, a person who drives onto a road that
is covered by water will be billed only if the following criteria
are met:
a.
The person drives a vehicle on a public street or highway that is
temporarily covered by a rise in water level, including groundwater
or overflow of water, and that is barricaded by any of the means described
in subdivision (C)(1) above, because of flooding; and
b.
An emergency response is required to remove from the public street
or highway, the driver, or any passenger in the vehicle that has become
inoperable.
3.
Unless otherwise provided by law, this subsection (C) shall apply to all persons, regardless of whether the person is on foot, or is operating a motor vehicle, bicycle, all-terrain vehicle, or any other vehicle of any description.
4.
This subsection (C) shall not apply to any person who is authorized by the landowner, lessor, or manager of the closed area, to be in the closed area, and further shall have no application to any federal, state, or local government official who is in the closed area as part of his or her official duty, nor to any public utility performing services consistent with its public purpose, nor to any person acting in concert with a government authorized search or rescue. A person who was attempting to rescue another person or an animal shall not be liable for expenses of an emergency response under this subsection (C).
(Ord. 1040-10 § 1)
The city may bill persons violating Section 9.32.040 an amount not to exceed twelve thousand dollars, or any additional amount subsequently authorized by Government Code Section 53155, but only for the direct costs to the city of the particular emergency response incident including, but not limited to:
A.
Costs
of materials used by officers during the response to the emergency
response incident, including laboratory fees, costs of repairing or
replacing city property used, damaged or destroyed due to the person's
actions.
B.
The
salary costs for the time spent by officers, at a rate established
by the city, for time spent on activities such as: traveling to and
from the incident scene, obtaining medical assistance, investigating
the cause of the incident, removing vehicles, conducting sobriety
tests, transporting the person from the scene and booking him or her
and performing chemical tests on the person, time spent during the
arrest and detention of the person, time spent writing customarily
required reports (including all accident and reports that are a consequence
of the incident) and the follow-up investigation necessary to complete
those reports.
C.
No amount
will be charged for an incident that does not require an emergency
response such as where a DUI suspect's car is involved in an accident
with only minor damage and no injuries.
(Ord. 1040-10 § 1)
A.
Before
any sum for an emergency response incident is sought by the city from
a person, the city shall provide, through its finance department director
(or his or her designee), written notice via personal delivery, overnight
express or certified U.S. mail, return receipt requested, to the person
at his or her last known address explaining the basis behind the city's
determination that the enforcement procedures herein apply to the
incident allegedly caused by the person. That notice shall further
provide, in substantially the following form, the following:
"If you desire to contest these charges for any reason, please
contact me immediately in writing within 30 calendar days of the date
of this letter for a hearing concerning your responsibility for these
charges. Through this hearing, you can appeal this determination,
but YOU MUST RESPOND WITHIN Thirty CALENDAR DAYS FROM THE DATE OF
THIS LETTER OR YOU WILL WAIVE YOUR RIGHT TO CONTEST THIS DETERMINATION
and the city will proceed to collect this sum from you as authorized
by law, including Government Code Sections 53154 and 53159. You may
also contact this office within 30 calendar days of this letter to
arrange a suitable payment plan to be secured by a promissory note."
B.
If no response to the above notice is received from the person within the period provided above, 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 person, unless otherwise provided for in this code or by law. However, if the person responds to the above notice within the time provided and contests the costs assessed against him or her in any way, then the city shall utilize the appeal procedure set forth under Section 9.32.070 for any determination by the city that is not agreed upon by the city and the person, including the appropriate payment plan, if any, or time for payment requested by the person.
C.
If the
emergency response cost bill is not paid within sixty days after the
initial bill is mailed by the city or if arrangements are not made
for partial payment during the sixty-day period, the bill will be
considered delinquent and may be referred to a collection agency.
D.
If the
person refuses to pay the city or its collection agency, the city
may pursue recovery as provided by law. This action should generally
not be initiated until after any pending 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 as permitted
by law.
2.
As
an alternative, in all appropriate cases, where the person has not
made restitution, the city will request the Department of Motor Vehicles
to place a hold on the person's vehicle registration as permitted
by law.
E.
When
applicable, if a person whom the city believes is subject to emergency
response cost recovery is acquitted of the subject criminal charges
after a trial or if those charges against the person are dismissed
for lack of evidence, the city will, upon receipt of written proof
of the foregoing acquittal or dismissal, immediately cease any and
all collection efforts for any unpaid sums and refund any amount collected
from that person.
(Ord. 1040-10 § 1)
A.
Any
person receiving a bill under this policy may appeal the bill to the
program manager within thirty calendar days of the billing date by
filing with the finance department director (or his or her designee)
a written notice of appeal. After an appeal is made, the program manager
will review the bill to determine if the person meets each of the
criteria set forth in this program and applicable law to support being
charged for the incident and, if so, the program manager will also
review the bill for accuracy. If the bill is found to be in error
in any respect, then the bill will be corrected, or if appropriate,
cancelled. The decision of the program manager shall be rendered within
seven business days 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.
B.
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 business 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 schedule the
time and place for a hearing on the contested bill within ten business
days following the filing of an appeal with the city clerk. The appellant
shall be given notice of said hearing at least ten business days prior
to the hearing date. Said notice may be by personal service, overnight
express or by certified mail, return receipt requested.
C.
At the
time and place set forth 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 who has no prior involvement in the matter,
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 totality of
the evidence presented, 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 from the totality of the
evidence presented 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 thirty days from that date.
D.
The
foregoing action taken by the city manager, or a designee, shall be
final and conclusive.
(Ord. 1040-10 § 1)
