(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANCILLARY SERVICES. The costs associated with the apprehension or transportation of individuals outside of Branch County who are arrested on warrants issued from the City of Bronson or after conviction of charges issued by the City of Bronson.
EMERGENCY RESPONSE.
(a) Providing, sending and/or utilizing public service, police, firefighting and rescue service by the city to an accident involving a motor vehicle while under the influence of a alcoholic beverage or a controlled substance or the combined influence of an alcoholic beverage or a controlled substance.
(b) The making of a traffic stop or arrest by a police officer when the driver was operating a motor vehicle while under the influence of an alcoholic beverage or a controlled substance or the combined influence of an alcoholic beverage and a controlled substance.
EXPENSE OF EMERGENCY RESPONSE. The cost associated with the occurrence of an emergency response as set forth in the definition of “emergency response” above, whichever is applicable. The EXPENSES of making an emergency response, as set forth in the definition above, shall include the cost of connected with the administration, provision and analysis of chemical tests and videotaping of the driver, if applicable. These costs shall be set by Council resolution.
(B) Liability; presumption.
(1) Any person who, while under the influence of an alcoholic beverage or a controlled substance or the combined influence of an alcoholic beverage and a controlled substance, operates a motor vehicle which operation results in an emergency response, shall be responsible and/or liable for the expenses of the emergency response.
(2) For the purpose of this chapter, it shall be presumed that a person was operating a motor vehicle under the influence of an alcoholic beverage if a chemical 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%; except in the case of an individual under the age of 21, in which case it will presumed that the individual (under the age of 21) was operating a motor vehicle under the influence of an alcoholic beverage if the chemical 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 0.02%.
(C) Interpretation. This section 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, enlarge or reduce and 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 a controlled substance.
(D) Reimbursable expenses.
(1) Following conviction of any of the following offenses, the person convicted shall reimburse the city for the expenses of prosecuting that person, as provided in this section:
(a) A violation or attempted violation of § 625(1), (3), (4), (5), (6) or (7) or § 625m of the Michigan Vehicle Code, 1949 PA 300, M.C.L.A. § 257.625m, or of a local ordinance substantially corresponding to § 625(1), (3) or (6) or § 625m of the Michigan Vehicle Code, 1949 PA 300, M.C.L.A. § 257.625 and § 257.625m.
(b) Felonious driving, negligent homicide, manslaughter, or murder, or attempted felonious driving , negligent homicide, manslaughter, or murder, resulting from the operation of a motor vehicle, snowmobile, ORV, aircraft, vessel, or locomotive engine while the person was impaired by or under the influence of intoxicating liquor or a controlled substance, as defined in § 7104 of the Public Health Code, 1978 PA 368, M.C.L.A. § 333.7104, or a combination of intoxicating liquor and a controlled substance, or had an unlawful blood alcohol content.
(c) A violation or attempted violation of § 82127 of the Natural Resources and Environmental Protection Act, 1994 PA 451, M.C.L.A. § 324.82127.
(d) A violation or attempted violation of § 81134 of the Natural Resources and Environmental Protection Act, 1994 PA 451, M.C.L.A. § 324.81134 and § 324.81135.
(e) A violation or attempted violation of § 185 of the Aeronautics Code of the State of Michigan, 1945 PA 327, M.C.L.A. § 259.185.
(f) A violation or attempted violation of § 80176(1), (3), (4), or (5) of the Natural Resources and Environmental Protection Act, 1995 PA 451, M.C.L.A. § 324.80176, or a local ordinance substantially corresponding to § 80176(1) or (3) of the Natural Resources and Environmental Protection Act, 1994 PA 451, M.C.L.A. § 324.80176.
(g) A violation or attempted violation of § 353 or 355 of the Railroad Code of 1993, 1993 PA 354, M.C.L.A. §§ 462.353 and 462.355.
(h) A violation or attempted violation of chapter XXXIII or § 327, 327a, 328, or 41 la(2) of the Michigan Penal Code, 1931 PA 328, M.C.L.A. §§ 750.200 to 750.212a, 750.327, 750.327a, 750.328, and 750.411a.
(i) A finding of guilt for criminal contempt for a violation of a personal protection order issued under § 2950 or 2950a of the Revised Judicature Act of 1961,1961 PA 236, M.C.L.A. §§ 600.2950 and 600.2950a, or for a violation of a foreign protection order that satisfies the conditions for validity provided in § 2950i of the Revised Judicature Act of 1961, 1961 PA 236, M.C.L.A. § 600.2950i.
(2) Emergency response means the following actions or services provided by the city, or by a private individual or corporation operating at the request or direction of the city:
(a) Extinguishing or fighting any fire occurring in or at a structure or occurring on public or private property.
(b) Any incident requiring a response by the city that involves any public or private utility property and requires city equipment or personnel to remain at the incident to protect the health, safety and welfare of the public until the utility provider responds to the incident and takes corrective measures.
(c) The extrication of an individual(s) from a vehicle involved in an accident.
(d) Extinguishing or fighting any vehicle fire.
(e) Any response to a false alarm at a property in excess of two times in a calendar year.
(3) The costs of extraditing a person from another state to this state including, but not limited to, all of the following:
(a) Transportation costs; and
(b) The salaries or wages of law enforcement and prosecution personnel, including overtime pay, for processing the extradition and returning the person to this state.
(4) Elements of reimbursable expenses. Expenses which maybe reimbursed under the provisions of this section include but are not limited to the following:
(a) The salaries or wages of law enforcement and prosecution personnel, including overtime pay, for processing the offense charged.
(b) The salaries and wages of law enforcement or prosecution personnel including overtime pay for processing extradition and returning an individual person to the State of Michigan.
(c) Salaries and wages of emergency response personnel, whether police, fire, or ambulance services, involved in responding to an emergency response, including, but not limited to, fires, accidents, vehicle fires, extrication of an individual from a vehicle, response to a false alarm if deemed intentionally made, the cost of medical supplies or other supplies utilized by the emergency responders.
(5) Billing. The City Manager and his/her designee shall submit a bill for the expense of an emergency response by first class mail or personal service to the person responsible for the expense as enumerated under this Division. The bill shall require full payment within 28 days from the date of billing.
(Ord. 203, passed 11-13-2017)