Loading...
HomeMy WebLinkAboutAGENDA REPORT 2004 1006 CC REG ITEM 09FTO: FROM: DATE: MOORPARK CITY COUNCIL AGENDA REPORT E51 : `thy Honorable City Council Cynthia L. Borchard Administrative Services Director September 28, 2004 (CC Meeting of 10/06/04) SUBJECT: Consider an Ordinance Adding Chapter 10.22 to the Municipal Code Establishing Cost Recovery of Police Services for Emergency Responses from Driving under the Influence BACKGROUND /DISCUSSION Authority for cost recovery associated with emergency response to incidents caused due to the influence of an alcoholic beverage or any drug is addressed in Government Code Section 53150 et. seq. Government Code Section 53150 states that "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 caused by that influence proximately causes any incident resulting in an appropriate emergency response, and any person whose intentionally wrongful conduct proximately causes any incident resulting in an appropriate emergency response, is liable for the expense of an emergency response by a public agency to the incident." Several years ago, the City relied on this Government Code Section to invoice for police response cost recovery. Apparently, litigation challenged cities authority to collect for DUI response absent a traffic collision and the City discontinued billing awaiting legislation to clarify the issue. We recently learned that the legislation died in committee and that the State law remains in effect. The City Attorney has advised that to avoid potential litigation we adopt an ordinance specifically citing the government code for its authority to enact a cost recovery program and collect Honorable City Council September 28, 2004 Page 2 costs associated with DUI emergency response only. Emergency response as defined in the attached Ordinance means the incident necessitated the use of emergency lights and siren by a police officer and may include laboratory fees; property damage; and salary, benefits and overhead costs for the police officer(s) and other personnel involved in the incident. The attached Ordinance has been prepared in consultation with the City Attorney. The cost recovery is a civil claim against the driver of the vehicle and is uninsurable. Liability for the expense is limited to $1,000.00 per incident per Government Code Section 53155. The Police Department has established procedures for notifying the Administrative Services Department of the costs incurred for invoicing and collection from the responsible party. STAFF RECOMMENDATION Introduce Ordinance No. for first reading. Attachments: Ordinance No. 000200 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADDING CHAPTER 10.22 TO THE MOORPARK MUNICIPAL CODE RELATING TO THE COST RECOVERY OF POLICE EMERGENCY RESPONSE SERVICES THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 10.22 is hereby added to the Moorpark Municipal Code to read as follows: "CHAPTER 10.22 COST RECOVERY OF POLICE SERVICES FOR EMERGENCY RESPONSES FROM DRIVING UNDER THE INFLUENCE INCIDENTS Section 10.22.010 FINDINGS /PURPOSE 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 of Moorpark's Police Department. B) The Legislature has provided statutory authority per Government Code Section §53150, et. seq., for the City to recover costs incurred for emergency responses by police for incidents resulting from the negligent operation of a motor vehicle when said negligent operation is caused by the person being under the influence of an alcoholic beverage or drug. C) The Municipal Court Judges of Ventura County have formally adopted a procedure for ordering defendants to pay for emergency responses resulting from driving under the influence accidents. D) The Ventura County Sheriff's Department, which provides police services to the City of Moorpark on a contract basis, has established a procedure to track the costs of police emergency responses. E) The intent and purpose of this Chapter is to ensure the health, safety and welfare of the citizens of 000201- Ordinance No. Page 2 Moorpark and to ensure that citizens of the City do not incur costs for police emergency responses to driving under the influence accidents. In order to do so, it is necessary to implement procedures to recover costs for police emergency response services. Section 10.22.020 DEFINITIONS The following words and phrases shall have the following meanings: A) "Driving Under the Influence" 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 the chapter, the presumptions described in Section 23152 and 23155 of the California Vehicle Code shall apply, as the same may be amended from time to time. B) "Emergency Response" means immediate action by a police officer of the City of Moorpark to an incident necessitating the use of emergency lights and siren. C) "Incident" means a situation proximately caused by any motorist 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, boat or vessel, or civil aircraft caused by that influence results in an emergency response. D) "Intentional Wrongful Conduct" means conduct intended to injure another person or property. E) "Motorist" means any person who operates a motor vehicle and, when so operating is subject to the applicable Federal, State or Local law and any duty imposed by such laws in the operation of said motor vehicle, boat or vessel, or civil aircraft. F) "Motor Vehicle" means any vehicle which is self - propelled including but not limited to automobiles, trucks, motorcycles, boats or vessels or civil aircraft. Ordinance No. Page 3 G) "Program Manager" means the person designated as Chief of Police for the City or a designated representative. H) "Responsible Party" means that person who is found to be driving under the influence. Section 10.22.030 COST RECOVERY A) A motorist arrested for driving under the influence of alcohol and /or drugs (DUI) will be billed only if all of the following criteria are met: 1. Driving under the influence of alcohol and /or drugs is evidenced by objective symptoms observed by the arresting officer and either a refusal by the motorist to submit to a chemical test, or a blood, breath or urine test at or above the legal limit 0.08 alcohol level, as designated by the California Vehicle Code, or at or above the legal limit established for being under the influence of a controlled substance; 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. or Harbor and Navigations Code Sections 650, et seq. and other applicable Federal, State or Local laws; 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, emergency medical or fire units responding to the incident. B) A motorist arrested for other criminal acts resulting from intentional wrongful conduct while operating a motor vehicle will be billed only if one or more of the following criteria is met: 000203 Ordinance No. Page 4 1. A motor vehicle, boat, vessel, or civil aircraft was operated with the apparent intent to injure another person or property; or 2. A motorist attempts to evade arrest for acts involving operation of a motor vehicle, boat, vessel, or civil aircraft with conduct intended to injure another person or property; or 3. A motorist rammed or threatened to ram a police vehicle(s) or property in the course of attempting to evade arrest. C) The City will bill motorists only for the direct costs to the City of emergency response including but not limited to laboratory fees, and the hourly salary, fringe benefits and overhead costs of the police officer(s) and other personnel who directly respond to an incident, prorated for the time it takes to complete the emergency response at such rate as shall be fixed or established from time to time by resolution of the City Council. D) The Responsible Party's liability shall not exceed the amount established pursuant to Government Code Section 53155 for the costs of an emergency response for a particular incident. This shall not be a limit on the City's ability to recover costs associated with damage to public property. E) 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 motorist. F) If the emergency response within thirty (30) days after the in the City or if arrangements are payment during the thirty (30) day will be considered delinquent and collection agency. cost bill is not paid itial bill is mailed by not made for partial period, then the bill may be referred to a G) If a motorist refuses to pay the City or collection agency, the City may pursue recovery as provided by law. This action will not be initiated until after the criminal charges have been adjudicated. Ordinance No. Page 5 1. As an alternative, in all appropriate cases, the City will seek to have payment of the bill imposed as a condition of probation. 2. As an alternative, in all appropriate cases, where the motorist has not made restitution, the City will request the Department of Motor Vehicles to place a hold on the motorist's vehicle registration. H) If the motorist who has paid an emergency response cost recovery bill is acquitted of criminal charges after trial, the City will reimburse the motorist for any costs paid in response to an emergency response cost recovery bill within a reasonable time after notification by the court of the acquittal. Section 10.22.040 APPEAL TO PROGRAM MANAGER Any person receiving a bill may appeal the bill to the Program Manager within thirty (30) days of the billing date by filing with the Program Manager a written notice of appeal. The Program Manager will review the bill for accuracy. If the bill is found to be in error, then the bill will be corrected, or if appropriate, cancelled. The decision of the Program Manager shall be rendered within seventy -two (72) hours 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. Section 10.22.050 APPEAL TO THE CITY MANAGER 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 ten (10) 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 fix the time and place of the hearing within fifteen (15) days following the filing of an appeal with the City Clerk. The appellant shall be given notice of said hearing not less than five (5) days prior to the hearing date. Said notice may be by personal service or by certified mail, return receipt requested. Ordinance No. Page 6 At the time and place fixed 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, 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 evidence 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 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 (30) days from that date. Action taken by the City Manager, or a designee, shall be final and conclusive." SECTION 2. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 3. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star a newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. 00012.F06 Ordinance No. Page 7 PASSED AND ADOPTED THIS day of 2004. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 002V7