[HISTORY: Adopted by the Board of Supervisors of the County of Page
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-21-2007]
A.
Pursuant to § 15.2-1716, Code of Virginia (1950),
as amended, any person convicted of violating any of the following provisions
shall be liable for restitution at the time of sentencing or in a separate
civil action to the locality or to any responding volunteer fire or rescue
squad, or both, for reasonable expenses incurred by the locality for responding
law enforcement, fire-fighting, rescue and emergency services, including by
the sheriff's office of such locality, or by any volunteer fire or rescue
squad, or by any combination of the foregoing, when providing an appropriate
emergency response to any accident or incident related to such violation:
(1)
The provisions of § 18.2-51.4, 18.2-266, 18.2-266.1,
29.1-738, 29.1-738.02, Code of Virginia (1950), or a similar ordinance, when
such operation of a motor vehicle, engine, train or watercraft while so impaired
is the proximate cause of the accident or incident;
(2)
The provisions of Article 7 (§ 46.2-852 et
seq.) of Chapter 8 of Title 46.2 of the Code of Virginia (1950), relating
to reckless driving, when such reckless driving is the proximate cause of
the accident or incident;
(3)
The provisions of Article 1 (§ 46.2-300 et
seq.) of Chapter 3 of Title 46.2 of the Code of Virginia (1950), relating
to driving without a license or driving with a suspended or revoked license;
and
(4)
The provisions of § 46.2-894, Code of Virginia
(1950), relating to improperly leaving the scene of an accident.
B.
Personal liability under the foregoing subsection for
reasonable expenses of an appropriate emergency response shall not exceed
$1,000 in the aggregate for a particular accident or incident occurring in
such locality. In determining the reasonable expenses, a locality may bill
a flat fee of $250 or a minute-by-minute accounting of the actual costs incurred.
As used in this section, "appropriate emergency response" includes all costs
of providing law enforcement, fire-fighting, rescue, and emergency medical
services. The court may order as restitution the reasonable expenses incurred
by the locality for responding law enforcement, fire-fighting, rescue and
emergency medical services. The provisions of this section shall not preempt
or limit any remedy available to the commonwealth, to the locality or to any
volunteer rescue squad to recover the reasonable expenses of an emergency
response to an accident or incident not involving impaired driving, operation
of a vehicle or other conduct as set forth herein.
Pursuant to § 15.2-1716.1, Code of Virginia (1950), as amended,
any person who is convicted of a violation of Subsection B or C of § 18.2-46.6,
when his violation of such section is the proximate cause of any incident
resulting in an appropriate emergency response, shall be liable at the time
of sentencing or in a separate civil action to the locality or to any volunteer
rescue squad, or both, which may provide such emergency response for the reasonable
expense thereof, in an amount not to exceed $1,000 in the aggregate for a
particular incident occurring in such locality. In determining the reasonable
expense, a locality may bill a flat fee of $250 or a minute-by-minute accounting
of the actual costs incurred. As used in this section, "appropriate emergency
response" includes all costs of providing law enforcement, fire-fighting,
rescue, and emergency medical services. The provisions of this section shall
not preempt or limit any remedy available to the commonwealth, to the locality
or to any volunteer rescue squad to recover the reasonable expenses of an
emergency response to an incident not involving a terroristic hoax as set
forth herein.
In any case where the county or any volunteer agency, recognized as
an integral part of the county's public safety program, responds to an
incident involving hazardous materials, as defined by § 10.1-1400,
Code of Virginia, (1950), as amended, or for the abatement of a nuisance,
as defined by § 15.2-900, Code of Virginia (1950), as amended, the
county may maintain an action against the party or parties responsible for
the spill or release of hazardous material or nuisance for reimbursement of
the costs associated with the response activity.
