(A) Person responsible. Any 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 controlled substance, such person’s operation of a motor vehicle proximately causes any incident resulting in an emergency response.
(B) Presumptions. For the purpose of this subchapter, a person is under the influence of an alcoholic beverage or 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 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 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, or, if the person is under the age of 21, the person has any bodily alcohol content. As used in this division (B), ANY BODILY ALCOHOL CONTENT means either of the following:
(1) An alcohol content of not less than 0.02 grams or more, but less than 0.08 grams per 100 milliliters of blood, per 210 liters of breath or per 67 milliliters of urine; and
(2) Any presence of alcohol within a person’s body resulting from the consumption of intoxicating liquor, other than consumption of intoxicating liquor as a part of a generally recognized religious service or ceremony.
(C) Charge against person. The expense of an emergency response shall be a charge against the person liable for the expenses under this subchapter. The charge constitutes a debt of that person and is collectible by the township for incurring those costs in the same manner as in the case of an obligation under a contract, expressed or implied.
(D) Cost recovery schedule. The Township Board shall, by resolution, adopt a schedule of the costs included within the expense of an emergency response. This schedule shall be available to the public from the Township Clerk.
(E) Billing. The Township Clerk, or his or her designee, may submit a bill for these costs by first class mail or personal service to the person liable for the expenses as enumerated under this subchapter. The bill(s) shall require full payment in 30 days from the date of service.
(F) Failure to pay; procedure to recover costs. Any failure by the person described in this subchapter as liable for the expenses of an emergency response to pay the bill within 30 days of service shall be considered a default. In case of default, the township may commence civil suit to recover the expenses and any costs allowed by law.
(Prior Code, § 42.003) (Ord. 96-7, effective 8-21-1996; Ord. 03-02, passed 6-12-2003; Ord. 03-05, passed 10-9-2003)