[Adopted 6-10-1996 by Ord. No. 226]
The Township finds that a significant number
of traffic arrests and traffic accidents in the Township involve drivers
who were operating a motor vehicle or vessel while under the influence
of alcoholic beverages and/or controlled substances. In addition,
the Township finds that in traffic accidents involving drivers who
were operating a motor vehicle while under the influence of alcoholic
beverages and/or controlled substances there is greater likelihood
of personal injury and burden is placed upon the Township's police,
fire and rescue services by persons who are operating a motor vehicle
while under the influence of or while impaired by alcoholic beverages
and/or controlled substances.
As used in this article, the following terms
shall have the meanings indicated:
The providing, sending and/or utilizing of public
service, police, fire fighting or rescue services by the Township
to an accident involving a motor vehicle or vessel where one or more
of the drivers were operating the motor vehicle or vessel while under
the influence of or impaired by an alcoholic beverage or controlled
substance or the combined influence of an alcoholic beverage and controlled
substance; or
The making of a traffic stop and arrest by a
police officer when the driver was operating the motor vehicle or
vessel while under the influence of or while impaired by an alcoholic
beverage or controlled substance.
The direct and reasonable costs incurred by the Township
of Grosse Ile, or a private person or corporation operating at the
request or direction of the Township, when making an emergency response
to the incident, including the costs of providing police, fire fighting
and rescue services at the scene of the incident. These costs further
include all of the salaries and wages of the Township personnel responding
to the incident, all salaries and wages of the Township personnel
engaged in investigation, supervision and report preparation, all
costs connected with the administration and provision of all chemical
tests of his or her blood, breath or urine and all costs related to
any prosecution of the person causing the incident and all video taping
costs relating to the incident. Also included shall be the costs of
any mutual aid response, or those of any agency called in to assist
the Township of Grosse Ile.
If analysis of the driver's blood, urine or breath indicates
that the amount of alcohol in the driver' s blood, urine or breath
was in excess of 0.07% or if a person is convicted of operating a
motor vehicle or vessel under the influence of intoxicating liquor
or controlled substance or while visibly impaired, or if the driver's
ordinary judgment, common sense, mental state or physical coordination
are significantly or substantially affected and his or her ability
to operate the motor vehicle or vessel is significantly diminished
or decreased or weakened or reduced by the consumption of alcohol
or controlled substance. In case of an individual under the age of
21, it will be presumed that such an individual was operating a motor
vehicle or vessel under the influence of an alcoholic beverage if
the analysis of the driver's blood, urine or breath indicates that
the amount of alcohol in the driver's blood, urine or breath was not
less than 0.02%. Evidence of consumption of alcohol may be established
by introduction of the preliminary breath test results, breathalyzer
results, or blood or urine test results, or by the conduct or behavior
of the person on the date when the emergency response occurred.
Every description of watercraft (other than a seaplane),
on the water used or capable of being used as a means of transportation
on the water.
A.
Any person who, while under the influence of an alcoholic
beverage or any controlled substances, or the combined influence of
an alcoholic beverage and any controlled substances, operates a motor
vehicle or vessel, which operation results in an emergency response,
shall be responsible and/or liable for the expenses of the emergency
response. Any person convicted of OUIL, UBAL or driving while visibly
impaired, or a person less than the age of 21 who is convicted of
having alcohol in their system while driving a motor vehicle or vessel,
is presumed to be responsible for the costs set forth in this article.
B.
Charge against person. The expense of an emergency
response shall be a charge against the person liable for the expenses
under this article. The charge constitutes a debt of that person and
is collectible by the Township of Grosse Ile for incurring those costs
in the same manner as in the case of an obligation under a contract,
express or implied.
C.
Billing. The Township Treasurer's office or its designee
shall, within 30 days of an emergency response, submit a bill by first
class mail or personal service to the person liable for the amount
of the charge as enumerated in this article. Said bill shall require
full payment in 30 days from the date of service of the notice.
(1)
Billing form. Each Township department involved in
responding to an incident involving an individual under the influence
of an alcoholic beverage or any controlled substances, or the combined
influence of an alcoholic beverage and any controlled substances,
will compile, on a form devised for the purpose and provided by the
Police Department, a financial account of all appropriate charges
as herein described. Completed forms shall be forwarded to the Finance
Department for billing.
(2)
Failure to pay; procedure to recover costs. Any failure
to pay by the person responsible as described in this article as liable
for the expense of emergency response, within 30 days of service of
notice, shall be considered in default. In case of default, the Township
may commence a civil suit to recover the expenses and any costs allowed
by law or pursue other avenues of collection as are deemed appropriate.
The failure to pay may further be considered a violation of probation
if such payment was ordered by a court of law at the time of sentencing.
The article shall be construed to be a responsibility
and liability of a civil nature on the part of the driver and shall
not be construed to conflict, contravene or enlarge or reduce any
criminal liability or responsibility, including fines imposed by a
judge under the Uniform Traffic Code on a driver for operating a motor
vehicle while under the influence of an alcoholic beverage and/or
controlled substances.
