(A) Any person who is arrested for the following violations shall be liable for the costs and expenses incurred by the Village of Lake Orion for providing emergency response services and prosecution:
(1) Operating a motor vehicle while visibly intoxicated or impaired in violation of to Section 625 of the Michigan Vehicle Code, 1949 PA 300, M.C.L.A. § 257.625, or local ordinance substantially corresponding thereto.
(2) Person under 21 operating a motor vehicle with a blood alcohol level of .02 - .07, pursuant to Section 625(6) of the Michigan Vehicle Code, 1949 PA 300, M.C.L.A. § 257.625, or local ordinance substantially corresponding thereto.
(3) Violating the terms and conditions of a personal protection order issued under Section 2950 or 2950a of the Revised Judicature Act of 1961, 1961 PA 236, M.C.L.A. §§ 600.2950 and 600.2950a, or for the violation of a foreign protection order that satisfies the conditions of validity provided in Section 2950i of the Revised Judicature Act of 1961, 1961 PA 236, M.C.L.A. § 600.2950i, or local ordinance substantially corresponding thereto.
(4) Operating a snowmobile in violation or attempted violation of section 82127 of the Natural Resources and Environmental Protection Act, 1994 PA 451, M.C.L.A. § 324.82127 or local ordinance substantially corresponding thereto.
(5) Operating an ORV in violation or attempted violation of section 81134 or 81135 of the Natural Resources and Environmental Protection Act, 1994 PA 451, M.C.L.A. §§ 324.81134 and 324.81135, or local ordinance substantially corresponding thereto.
(6) Acting as the pilot or a crew member of an aircraft that is in violation or attempted violation of section 185 of the Aeronautics Code of the State of Michigan, 1945 PA 327, M.C.L.A. § 259.185 or local ordinance substantially corresponding thereto.
(7) Operating a vessel on the waters of this state in violation or attempted violation of section 80176(1), (3), (4), or (5) of the Natural Resources and Environmental Protection Act, 1994 PA 451, M.C.L.A. § 324.80176, or a local ordinance substantially corresponding to section 80176(1) or (3) of the Natural Resources and Environmental Protection Act, 1994 PA 451, M.C.L.A. § 324.80176.
(8) Making a false report of the commission of a crime , or intentionally causing a false report of the commission of a crime to be made, to a peace officer, police agency of this state or of a local unit of government, 9-1-1 operator, or any other governmental employee or contractor or employee of a contractor who is authorized to receive reports of a crime, knowing the report is false, in violation or attempted violation of section 411a(2) of the Michigan Penal Code, 1931 PA 328, M.C.L.A. § 750.411a, or local ordinance substantially corresponding thereto.
(9) A misdemeanor offense of operating a motor vehicle without a valid operator’s license in violation of the Michigan Vehicle Code, or any Uniform Traffic Code that is adopted as an ordinance of the village under Chapter 70 of this code.
(B) The expense of an emergency response shall be a charge against the person liable for costs and expenses under this chapter. The cost and expense of an emergency response constitutes a debt of that person and is collectible by the village for incurring those costs and expenses in the same manner as in the case of an obligation under a contract, express or implied, or as an assessment under the Charter of the village.
(C) As part of the sentence for a conviction of violations set forth in division (A) above, in addition to any other penalty authorized by law, the court may order the person convicted to reimburse the village for expenses incurred in relation to that incident, including but not limited to, expenses for emergency response, and expenses for prosecuting the person as provided in this section. The amount ordered to be paid shall be paid to the clerk of the court, who shall transmit the appropriate amount to the village to receive reimbursement. If not otherwise provided by the court, the reimbursement ordered shall be made immediately unless the court allows the responsible person to make the reimbursement within a specified period or in specified installments. The court shall be authorized by resolution of the Village Council to collect the subject debt for the village and may charge a reasonable service fee for such collection in an amount mutually agreed upon by the court and the village.
(D) In the event that the person responsible for the costs and expenses of emergency response and prosecution is a minor under the age of 18, the parents, guardians or other person or persons legally responsible for the care, custody, control or support of that minor are responsible and liable for the debt, in the event it is not paid by the minor in accordance with the order of the court.
(Ord. 2.17, passed 9-14-92; Am. Ord. 2.20, passed 11-28-94; Am. Ord. 2.31, passed 3-14-05; Am. Ord. 2.32, passed 3-23-09)