(A) Purpose. The Charter Township of Montrose finds that a significant number of traffic arrests and traffic accidents in the township involve drivers who were operating a motor vehicle while under the influence of alcoholic beverages and/or controlled substances. In addition, the township finds that there is a greater likelihood of personal injury and property damage in traffic accidents involving drivers who were operating a motor vehicle while under the influence of alcoholic beverages and/or controlled substances. As a result, an additional operational and financial burden is placed upon the township’s police, firefighting, and rescue services by persons who are operating a motor vehicle while under the influence of alcoholic beverages and/or controlled substances.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMERGENCY RESPONSE.
(a) The providing, sending, and/or utilizing of police, firefighting, emergency medical, and/or rescue services by the township, or by a private individual or corporation operating at the request or direction of the township, to an incident resulting in an accident involving 1 or more motor vehicles operated by 1 or more drivers who were impaired by or under the influence of an alcoholic beverage and/or a controlled substance; or
(b) The providing, sending, and/or utilizing of police, firefighting, emergency medical, and/or rescue services by the township, or by a private individual or corporation operating at the request or direction of the township, to an incident resulting in a traffic stop and arrest of a driver who was operating a motor vehicle while impaired by or under the influence of an alcoholic beverage and/or a controlled substance by a police officer.
EXPENSE OF AN EMERGENCY RESPONSE. The direct and reasonable costs incurred by the township or by a private person or corporation operating at the request or direction of the township in the course of emergency response to the incident, including the costs of providing police, firefighting, emergency medical, and/or rescue services at the scene of the incident. These costs further include all of the salaries and wages of township personnel responding to the incident, all salaries and wages of township personnel engaged in investigation, supervision, and report preparation, all costs connected with the administration and preparation of all chemical tests of the driver, blood, breath or urine, and all costs related to any prosecution of the person causing the incident.
(C) Liability for expense of an emergency response.
(1) Person responsible. A person is liable for the expense of an emergency response, if while impaired by or under the influence of an alcoholic beverage or controlled substance, or the combined influence of an alcoholic beverage and a controlled substance, the person’s operation of a motor vehicle proximately causes any incident resulting in an emergency response.
(2) Presumptions. For the purpose of this section, a person is impaired by or under the influence of an alcoholic beverage or a controlled substance, or the combined influence of an alcoholic beverage and 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 impaired by or 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 emergency responses shall be a charge against the person liable for the expenses under this section. The charge constitutes a debt of that person and is collectible by the township in the same manner as in the case of an obligation under an expressed or implied contract.
(4) Cost recovery schedule. The Township Board shall, by resolution, adopt a schedule of the costs included in an emergency response. The schedule shall be available to the public from either the Township Clerk or the Police Department.
(5) Billing. The Chief of Police, or his or her designee, may, within 10 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 section. The bill(s) shall require full payment within 30 days from the date of service.
(6) Failure to pay. Any failure by the person described in this section as liable to pay the bill for the expense of an emergency response within 30 days of service shall be considered at default. In cause of default, the township may commence civil suit to recover the expense plus any costs allowed by law.
(D) Effective date. This section shall take effect immediately upon publication hereof.
(E) Cost recovery.
(1) Purpose. In order to protect the township from extraordinary expenses resulting from the utilization of township resources in response to certain public safety or emergency incidents, this division (E) authorizes the imposition of charges to recover actual costs incurred by the township or any of it's departments in responding to such incidents, pursuant to the authority granted to cities by state law, being M.C.L.A. § 41.806(a).
(2) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ASSESSABLE COSTS. Those costs for services incurred by the township for police, fire, buildings and grounds, building/code enforcement and other emergency personnel in connection with a response to a public safety or fire emergency incident, including, but not limited to, the actual labor and material costs of the township (including, without limitation, employee wages, fringe benefits, administrative overhead, costs of equipment, costs of equipment operation, costs of materials, costs of transportation, costs of material disposal and costs of contracted labor) whether or not the services are provided by the township or by a third party on behalf of the township; service charges and interest; attorneys' fees, litigation costs and any costs, fines or penalties to the township imposed by any court or state or federal governmental entities.
BOMB THREATS. The verbal or written threat of a bomb or other explosive device which as threatened would violate a federal, state or local law. (M.C.L.A. § 750.411a.)
CHAIR LIFT and LIFT SERVICES. A request for a chair lift or lift services that a privately owned and operated ambulance company could have provided, i.e. C&M Ambulance.
EMERGENCY ASSISTANCE. Emergency medical, public safety, police, fire and civil defense services.
EXCESSIVE REQUESTS FOR EMERGENCY ASSISTANCE. Any request for emergency assistance made to a particular location or premises if such location or premises has requested emergency assistance more than 5 times in the preceding 30 days.
FALSE ALARM. Any automated or manual device designed to request or summon emergency assistance which device is activated intentionally or otherwise, in the absence of an actual need for emergency assistance. The determination that there was no actual need for emergency assistance shall be made by the most senior person responding to a false alarm. Provided, however, a false alarm shall not be deemed to have occurred if:
1. Caused by an act of God, i.e., a lighting storm; or
2. It originates from a motor vehicle alarm system.
HAZARDOUS MATERIAL INCIDENT OR EMERGENCY. Any occurrence, incident, activity, accident or emergency where a release of hazardous materials occurs or is reasonably imminent and where the Fire Chief or his or her designee has so declared such activity, accident or emergency a hazardous material incident or emergency.
HAZARDOUS MATERIALS. Any materials which are potentially harmful to the environment or human or animal life, or which create an unreasonable or imminent risk to life, health or safety or person or property, or to the ecological balance of the environment as determined by the Fire Chief or the senior fire official in charge at the scene, including but not limited to hazardous substances as defined in Act 71 of Michigan Public Acts of 1995, being M.C.L.A. §§ 324.20101 et seq., as amended, and any other substances that have been classified by the local, state or federal government or any of their departments or agencies to be hazardous or toxic, i.e., elements, substances, wastes or by-products, including but not limited to, combustible liquid, flammable gas, explosives, flammables, poisons, organic peroxides, oxidizer, pyrophorics, unstable reactive matter, water reactive matter, petroleum products, anti-freeze, polychlorinated biphenyls and asbestos.
ILLEGAL FIRE. A fire set or determined to have been set in violation of a federal, state, or local law or township ordinance and shall include an arson fire and a fire set in violation of a "no burning" ban or order. An illegal fire does not include an unintentional fire or fire caused by an act of God, i.e., lightning storm.
MOTOR VEHICLE. Any self-propelled or towed vehicle designed or used on the public streets, roads and highways to transport passengers or property which is required to be registered for use upon such public street, roads and highways and for the purposes hereof all trailers or appurtenances attached to any motor vehicle.
PUBLIC SAFETY OR FIRE EMERGENCY INCIDENT.
1. Excessive requests for emergency assistance;
2. False alarms; over three in 30 days;
3. A hazardous material incident, emergency or clean-up services;
4. An illegal fire, i.e. an unauthorized grass or brush fire; by the responsible party
5. Bomb threats;
6. Threats of harm to oneself or others;
7. A structure demolition;
8. A utility line failure;
9. Automobile or truck fire or
10. Aircraft fire.
RELEASE. Any actual or threatened spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, leaching, dumping or disposing into the environment, including, but not limited to the air, soil, groundwater and surface water.
RESPONSIBLE PARTY. Any individual or any individual's parent or legal guardian, in the case of a minor, any firm, corporation, association, partnership, commercial entity, consortium, joint venture, government entity or any other legal entity that is responsible for a public safety or fire emergency incident, either actual or threatened, or is an owner, as defined in Act 71 of Michigan Public Acts of 1995, being M.C.L.A. §§ 324.20101 et seq., as amended, tenant, occupant or party in control of real and personal property from which, onto which or related to which there is a public safety or fire emergency incident, and their heirs, estates, successors and assigns.
STRUCTURE DEMOLITION. The tearing down of a structure damaged by fire which must in the opinion of the Fire Chief or his or her designee be promptly demolished following the fire to protect public safety.
THREATS OF HARM TO ONESELF OR OTHERS. The verbal or written threat of physical harm to oneself or another or another's property which if carried out would be a violation of federal, state, or local law.
UTILITY LINE FAILURE. The disabling of any transmission or service line, cable, conduit, pipeline, wire, or the like used to provide, collect or transport electricity, natural gas, communication or electronic signals (including, but not limited to, telephone, computer, cable television and stereo signals or electronic impulses), water or sanitary or storm sewage if the owner or party responsible for the maintenance of such utility line or party responsible for the utility line failure does not respond within one hour to a request to repair or correct such failure.
(3) Cost recovery authorization and procedure.
(a) The township may recover all assessable costs allowable by law in connection with a public safety or fire emergency incident from any or all responsible parties jointly or severally and as specifically allowed for under M.C.L.A. § 750.41a.
(b) The Township Supervisor or his or her designee shall determine the total costs for the public safety or fire emergency incident and shall in consultation with other Township personnel involved in responding to a public safety or fire emergency incident determine whether to assess any, all or part of such costs against any of the responsible parties. In making such determination, the following shall be considered:
1. The total assessable costs for bomb threats; emergency assistance; excessive requests for emergency assistance; false alarm; release of hazardous materials; creating a hazardous material incident or emergency; illegal fire or other public safety or fire emergency incident;
2. The risk the public safety or fire emergency incident imposed on the township, its residents and their property;
3. Whether there was any injury or damage to person, property or motor vehicle;
4. Whether the public safety or fire emergency incident required evacuation;
5. The extent the public safety or fire emergency incident required an unusual or extraordinary use of township personnel and equipment;
6. Whether there was any damage to the environment and who is the responsible party;
7. Whether structure demolition will be required;
8. Whether the emergency incident was the result of a utility line failure; and
9. Whether the emergency incident involved the making of threats of harm to oneself or others.
(c) After consideration of the factors in division (b) immediately above, the Township Supervisor may allocate assessable costs among and between responsible parties, including allocating all or some of such costs jointly and severally against more than one responsible party regardless of whether a responsible party has other legal liability therefore or is legally at fault.
(d) If the Township Supervisor determines not to assess all or a portion of assessable costs against a responsible party, such determination shall not in any way limit or extinguish the liability of the responsible party to other parties.
(e) The Board of Trustees shall adopt a cost recovery schedule for assessable costs which may be amended from time to time by resolution of the Board of Trustees.
(4) Billing and collection of assessable costs. After determining to assess assessable costs against a responsible party, a representative of the township will mail an itemized invoice to the responsible party at their last known address. Such invoice shall be due and payable within 45 days of the date of mailing and any amounts unpaid after such date shall bear a late payment fee equal to 1% per month or fraction thereof that the amount due and any previously imposed late payment fee remains unpaid. If a responsible party shall appeal assessable costs pursuant to § 25.205 hereof, such costs, if upheld, in whole or in part, shall be due and payable 30 days from the date of determination of the appeal and any late payment fees shall apply thereafter.
(5) Procedure for appealing assessable costs. Any responsible party who receives an invoice for assessable costs shall have an opportunity to meet with the Township Supervisor or his or her designee to request a modification of assessable costs. The responsible party shall request in writing such meeting within 7 calendar days of the date of the invoice assessing the assessable costs. If after meeting with the Township Supervisor or his or her designee the responsible party is still not satisfied, he or she may appear before the Township Board of Trustees to further request a modification of assessable costs. A responsible party who desires to appear before the Township Board of Trustees and has already met with the Township Supervisor or his or her designee as provided above, shall file a written request to appear before the Township Board of Trustees with the Township Clerk. Upon receipt of such request, the Township Clerk will place the responsible party on the agenda of the next regularly scheduled township meeting, provided that the request is received at least 7 calendar days in advance of such meeting. Any filed request to appear shall specifically identify and explain all reasons why the responsible party believes the assessed costs should be modified. Any reason, basis or argument for modification of assessable costs not set forth in the request to appear shall be deemed waived by the responsible party, unless the information presented is new matter that was unknown to the applicant at the time the request to appear before the Board of Trustees was made. Failure to timely file a written request to appear shall constitute a waiver of the responsible party's right to appear before the Board of Trustees; and shall further constitute the responsible party's agreement to pay the assessable costs invoiced. After a responsible party has been given an opportunity to appear before it, the Board of Trustees shall promptly determine whether to confirm, modify or void the payment of assessable costs invoiced.
(6) Enforcement of assessable costs. Assessable costs assessed against a responsible party not paid when due shall entitle the governmental unit to take any steps allowed by law, including commencing civil litigation, to collect the same.
(7) Other remedies. In addition to the remedy set forth in division (E)(6) above, the township shall be entitled to pursue any other remedy or may institute any appropriate action or proceeding in a court of competent jurisdiction as permitted by law to collect assessable costs from a responsible party.
(8) No limitation of liability. The recovery costs pursuant hereto does not limit the liability of a responsible party under applicable local, state or federal law.
(Ord. 1990-4, passed 7-16-1990; Am. Ord. 09-178, passed 4-21-2009; Am. Ord. 10-187, passed 9-21-2010)