(a) Definitions.
EMERGENCY RESPONSE. The providing, sending and/or utilizing of police, firefighting, emergency medical and/or rescue services by the city, or by a private individual or corporation operating at the request or direction of the city, to an incident resulting in:
A. An accident involving one or more motor vehicles operated by one or more drivers who were under the influence of an alcoholic beverage and/or controlled substance; or
B. An incident resulting in a traffic stop and arrest involving a driver who was operating a motor vehicle while under the influence of an alcoholic beverage and/or controlled substance by a police officer.
EXPENSES OF AN EMERGENCY RESPONSE. The direct and reasonable costs incurred by the city or by a private person or corporation operating at the request or direction of the city in the course of emergency response to an incident, including the costs of providing police, firefighting, emergency medical and/or rescue services at the scene of a incident. These costs further include all of the salaries and wages of the city personnel responding to a incident, all salaries and wages of the city personnel engaged in investigation, supervision and reporting preparation, all costs connected with the administration and preparation of all chemical tests of the driver’s blood, breath or urine, and all costs related to any prosecution of the person causing a incident, and all costs relating to any prosecution of the person causing a incident, including the costs of the city attorneys.
(b) Liability for expense of an emergency response.
(1) Person responsible. A person is liable for the expense of an emergency response if, while under the influence of an alcoholic beverage or controlled substance, or the combined influence of an alcoholic beverage and a controlled substance, such person’s operation of a motor vehicle proximately causes any incident in an emergency response.
(2) Presumption. For the purpose of this division (b), a person is under the influence of an alcoholic beverage or a controlled substance, or the combined influence of an alcoholic beverage and controlled substance, when said person’s physical or mental abilities are impaired to a degree that said person no longer has the ability to operate a motor vehicle with ordinary prudence. Further, it be presumed that a person was operating a motor vehicle while under the influence of an alcoholic beverage 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%.
(3) Charge against person. The expense of an emergency response be a charge against the person liable for the expenses under this division (b). The charge constitutes a debt of that person and is collectible by the city in the same manner as in the case of an obligation under an expressed or implied contract.
(4) Alternative method of collection of expenses of emergency response in form of collection of costs at the time of sentencing. In the event that a person is found guilty by a judge or jury of, enters a plea of guilty to, or enters a plea of “no contest” to a violation of any statute of the , or of the city, prohibiting the operation of a motor vehicle while under the influence of an alcoholic beverage or a controlled substance, or a combination thereof, or of any lesser included offense, then at the time of imposition of a sentence by the court the costs be assessed by the court, in addition to costs assessed under the provisions of any other statute or , in an amount equal to the expenses of an emergency response at the time of a incident for which the person is being sentenced. The amount of such costs shall be set forth in an affidavit filed by the city with the court prior to sentencing. The charges for the individual items of expense shall not exceed those set forth in the schedule of costs adopted by the city pursuant to division (b)(5) of this section. Such costs shall be paid to the clerk of the court for transmittal to the treasurer of the city in accordance with the procedure to be established by the mutual agreement.
(5) Costs recoverable. All reasonable costs associated with emergency response will be determined by the city, its designees, officials and/or Police Chief.
(6) Billing. The Chief of Police, or his or her designee, , within ten days of receiving itemized costs, or any part thereof, incurred for an emergency response, submit a bill for these costs by first class mail or personal service to the person liable for the expenses as enumerated under this division (b), unless such costs are to be taxed by a court pursuant to division (b)(4) of this section. The bill require full payment within 30 days from the date of service.
(7) Failure to pay. Any failure by the person described in this division (b) as liable to pay the bill for the expense of an emergency response within 30 days of service be considered in default. In case of default, the city commence a civil suit to recover such expenses plus any costs allowed by .
(Ord. 2406-01, passed 7-10-2024)