The purpose of this chapter is to assist the City in defraying the cost of police personnel and equipment responding when a person, under the influence of an alcoholic beverage, drug, or the combined influence of an alcoholic beverage and any drug, proximately causes an incident by the negligent operation of a motor vehicle resulting in an appropriate emergency response.
(Ord. 02-11, 1/25/2011)
a. 
For purposes of this chapter, a "person under the influence" of an alcoholic beverage or any drug, or 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. For the purposes of this chapter, the provisions in Sections 23152 and 23153 of the California Vehicle Code shall apply.
b. 
For the purposes of this chapter, an "emergency response" is one for which police personnel and equipment respond to an incident beyond the police response required for a mere traffic stop leading to an arrest.
c. 
For the purposes of this chapter, an "incident" is an event involving any person 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 due to the influence proximately causes an event requiring an emergency response as defined in subsection (b) of this section. Although a collision is not necessary to create an "incident," an ordinary arrest, even for driving under the influence of alcohol or drugs, is insufficient.
(Ord. 02-11, 1/25/2011)
Emergency response costs, as outlined in Section 4.34.108, shall be recoverable whenever police personnel and equipment respond to an incident up to the maximum dollar amount set by Government Code Section 53155.
(Ord. 02-11, 1/25/2011)
Calculation of the amount due for an emergency response shall include all actual costs incurred by the City in responding to the incident, including salary, benefits and overhead as established by resolution of the City Council, for each member of the police responding to the incident, the cost of equipment on scene, and the cost of repairing or replacing equipment damaged at the scene. This also includes the cost of obtaining medical assistance, removing vehicles, investigating the cause of the incident, conducting field sobriety tests, arrest and detention of the suspect, time spent traveling to and from the scene, transporting the suspect, booking the suspect, performing chemical tests, writing customary reports and follow up investigation needed to complete reports.
(Ord. 02-11, 1/25/2011)
a. 
The Chief of Police or his/her designee shall calculate the charges payable under this section and shall forward the information that is required to invoice the person under the influence to the Finance Department.
b. 
If the person under the influence is a minor, then the parents or guardian of such minor shall be liable for the cost of the emergency response as defined in this chapter.
c. 
The Finance Department shall invoice the person under the influence at the address as it appears on the DMV records or, if that person is a minor, to the parent(s) or guardian(s) of said minor at the address provided by the parent(s) or guardian(s) to the Oakley Police Department. If after invoicing the person under the influence and allowing thirty (30) days for payment, the amount remains unpaid, the City may pursue any and all legal and equitable remedies for the collection of unpaid amounts, including further outreach by additional collection letters, referral to a collection agency, and, if appropriate, by civil action.
d. 
Proceeds of this chapter net of collection costs shall be allocated to the Police Department for purposes of enforcement of DUI laws.
(Ord. 02-11, 1/25/2011)