(A) Person liable. Any person is liable for the expense of an emergency response if that person, while under the influence of intoxicating liquor or a controlled substance, or a combination of intoxicating liquor and a controlled substance, proximately causes any incident resulting in an emergency response.
(B) Presumptions. For the purpose of this chapter, a person is under the influence of an intoxicating liquor or a controlled substance, or the combination of an intoxicating liquor and a controlled substance, when 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. Further, it shall be presumed that a person was operating a motor vehicle while under the influence of an intoxicating liquor if a chemical analysis of his or her blood, urine or breath indicates that the amount of alcohol in his or her blood was in excess of 0.07%.
(C) Charge against person. The expense of an emergency response shall be a charge against the person liable for the expense under this chapter. The charge constitutes a debt of that person and is collectible by the city for incurring those costs in the same manner as in the case of an obligation under a contract, expressed or implied.
(D) Cost recovery schedule. The Public Safety Department shall periodically evaluate the actual costs incurred in making such emergency responses and determine an average cost during emergency responses. This amount shall be amended from time to time to reflect increases or decreases in the salaries of public safety officers as reflected by the current collective bargaining agreement, along with the costs for police vehicles and other necessary equipment.
(E) Collection by the court. The Director of Public Safety, or his or her designee, shall forward the average cost developed in division (D) above to the court having jurisdiction over the city, and that court shall impose this cost, as restitution to the city, during the imposition of any sentence upon any person liable under this section.
(Prior Code, § 10.82) (Ord. effective 12-14-1990; Ord. effective 9-14-1996; Ord. effective 4-1-2005)