A.
Driving
under the influence of alcohol and drugs leads to accidents and other
situations in which there arises a need for emergency responses by
the city's police department.
B.
The
legislature has provided statutory authority for the city to recover
costs incurred for emergency responses by police for incidents resulting
from the negligent operation of a motor vehicle when such negligent
operation is caused by the person being under the influence of an
alcoholic beverage or drug.
C.
The
intent and purpose of this chapter is to ensure the health, safety
and welfare of the citizens of Bell and to ensure that citizens of
the city do not incur costs for police emergency responses. To do
so, it is necessary to implement procedures to recover costs for police
emergency response services.
(Prior code § 3290)
The following words and phrases shall have the following meanings:
means the City of Bell.
means reasonable costs incurred by the city in making an
emergency response to the incident that directly arise because of
the incident and shall include, but not be limited to:
means the bill sent to the responsible party for costs incurred
by the city for the emergency response.
means when as a result of drinking an alcoholic beverage
or using a drug, or both, a person's 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.
For purposes of this chapter, the presumptions described in Sections
23152 and 23155 of the California Vehicle Code shall apply, as the
same may be amended from time to time.
means immediate action by a police officer of the city necessary
for the preservation of peace and safety.
means any vehicle which is self-propelled.
means the police department of the city.
means that person who is found to be driving under the influence.
(Prior code § 3291)
A.
The
city shall be reimbursed by the responsible party for all costs incurred
for emergency response police services rendered as a result of the
responsible party driving under the influence.
B.
A responsible
party's liability shall not exceed $1,000 for the costs of an emergency
response for a particular incident.
(Prior code § 3292)
A.
The
method by which the city shall be reimbursed will be through those
procedures set forth in this chapter.
B.
The
arresting officer shall fill out a DUI cost report form which shall
be forwarded to the records supervisor of the police department with
a copy of the booking, intoxylizer report or refusal.
C.
The
records supervisor shall forward the DUI cost report form to the director
of finance for the city.
D.
The
finance department shall be responsible for billing the responsible
party by mail. The cost recovery bill shall state that payment is
to be in the form of money order, certified check, or bank draft and
that no personal checks shall be accepted.
E.
All
funds collected shall be deposited in the city's general fund.
(Prior code § 3293)
A.
If the
cost recovery bill is not paid within 30 days after the date of mailing,
and no alternate arrangements have been made within that time period
for a payment schedule, the cost recovery bill shall be considered
delinquent.
B.
The
director of finance or his or her designee shall be responsible for
developing a payment tracking program to follow each case to its conclusion
and shall also handle all notification and paperwork required for
each case.
C.
The
finance department for the city shall notify the records supervisor
of the police department when an account is delinquent.
D.
The
records supervisor will initiate legal action on behalf of the city
by filing an action in small claims court or by any other method authorized
by law.
E.
Collection
of delinquent accounts shall be deposited in the city's general fund.
(Prior code § 3294)
Payment is not required in cases where a responsible party is
acquitted of all criminal charges associated with the emergency response.
A.
If a
responsible party has paid his or her cost recovery bill prior to
acquittal of all criminal charges associated with the emergency responses,
he or she shall be entitled to reimbursement upon written demand.
The written demand shall be filed with the records supervisor of the
police department and payment shall be made by the city within 60
days.
B.
If a
responsible party is acquitted prior to the time of paying his or
her cost recovery bill, the person shall file written documentation
from the court of the acquittal within the 30 day time period in which
to pay the bill.
(Prior code § 3295)
A.
Any
person who receives a cost recovery bill may appeal the bill by filing
a written notice of appeal with the police department within 15 days
of the date of the bill. The appeal shall set forth the specific grounds
of the appeal.
B.
The
administrative commander of the police department shall serve as the
hearing officer on any appeal filed regarding a cost recovery bill.
The administrative commander shall review the case for accuracy, fairness
and conformance to applicable law.
C.
A hearing
on the appeal shall be held within 30 days of receipt of the written
notice of appeal. The responsible party shall have the right to be
present at the hearing and present evidence regarding the disputed
bill.
D.
A filing of an appeal shall stay the provisions of Section 9.20.050 relating to delinquent accounts.
E.
The
hearing officer shall mail written notice of his or her decision to
the responsible party within 10 days of the date of the hearing. The
notice shall provide that pursuant to California Code of Civil Procedure
Section 1094.6, any action to review such decision must be commenced
in a court of competent jurisdiction not later than the ninetieth
day after the date of the written notice.
(Prior code § 3296)
