(a) A person convicted of a violation of § 28-28 of the Flint City Code shall, in addition to any other penalty authorized by law, be liable to the City of flint for the expense of an emergency response to the incident from which the conviction arose.
(b) An emergency response to an incident occurs whenever police, firefighting, emergency medical and/or rescue services of the City of Flint are used as a result of a traffic stop or accident in which the operator of the motor vehicle stopped or, at least, one operator of a motor vehicle involved in the accident, is arrested for operating a motor vehicle while impaired by or under the influence of an alcoholic beverage and/or controlled substance.
(c) The expenses for which a person is liable under this section include the following:
(1) The salaries or wages, including overtime pay, of law enforcement personnel for the time spent in relation to the incident from which the conviction arose, including the arrest of the person convicted, processing the person after arrest, preparing reports on the incident, investigating the incident, and all costs of collecting and analyzing evidence, including determining the blood alcohol content and determining the presence of and identifying controlled substances in the blood.
(2) The salaries or wages, including overtime pay, of Fire Department, emergency medical and/or rescue services personnel for providing firefighting, emergency medical or rescue services in relation to the incident from which the conviction arose.
(3) For a first conviction of § 28-28, a person is liable for 50% of the expenses above or one hundred dollars ($100.00) whichever is lesser;
(4) For a second conviction of § 28-28, a person is liable for expenses above not to exceed two hundred dollars ($200.00).
(5) For a third or any subsequent conviction of § 28-28, a person is liable for one hundred percent (100%) of the expenses above.
(d) The City Council shall adopt, by resolution, a schedule of wages, salaries and overtime rates of law enforcement, firefighting, emergency medical and/or rescue services personnel and the costs allowed by this section; such schedule shall be available to the public from the City Clerk.
(e) Following conviction, the Treasurer shall submit a bill for the expenses of the emergency response to the person convicted by first class mail or by personal service. The bill shall require full payment within thirty (30) days from the date of service.
(f) Any failure by the person convicted to pay the bill for the expenses of the emergency response within thirty (30) days of service shall be considered a default. In case of default, the City may commence civil suit to recover such expenses plus any costs allowed by law.
(Ord. 3141, passed 9-10-1990)