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When used in this chapter, the following terms shall have the following meanings unless the context specifically indicates a different meaning:
(a) "Costs and expenses of emergency response" shall mean reasonable costs and expenses incurred by the City making an emergency response, including, but not limited to, the actual costs and expenses of the hourly wage of fire–fighting, police and emergency medical service personnel, including overtime wages, costs and expenses for special equipment used during the response, and costs and expenses of any special personnel and/or companies or organizations called to the scene to assist in the response, but said costs and expenses shall only include those costs and expenses directly arising because of the response to the particular incident. Such costs shall include the cost of any type of chemical testing for blood alcohol content or for the presence of controlled substances and for videotaping of a driver, if applicable. If legal action is instituted to collect the costs and expenses of an emergency response under this chapter, all legal fees and expenses incurred by the City in such legal action shall also be included in the costs and expenses of such emergency response.
(b) "Emergency response" shall mean:
The providing, sending or utilizing of public service, police, fire–fighting or rescue services by the City at an accident involving a motor vehicle or vehicles where one or more of the drivers of such vehicle or vehicles were operating the motor vehicle while under the influence; or
The making of a traffic stop and arrest by a police officer when the driver was operating the motor vehicle while under the influence and the prosecution of the violator.
"Operating under the influence" shall mean the operation of a motor vehicle under the influence of intoxicating liquor or a controlled substance or while visibly impaired by intoxicating liquor or a controlled substance or with an unlawful blood alcohol content by weight of alcohol regardless of whether such person is charged or convicted of any crime relating to the incident causing the emergency response. For purposes of this chapter, it shall be presumed that a person was operating a motor vehicle under the influence if chemical analysis of the driver's blood, urine or breath indicates the presence of any amount of a controlled substance or that the amount of alcohol in the driver's blood was in excess of 0.07%.
(Ord. 77. Passed 8–8–94.)