211.01 Findings of fact; purposes.
211.02 Definitions.
211.03 Liability of persons operating a vehicle while under the influence; presumption.
211.04 Liability for dangerous or hazardous substances or materials.
211.05 Liability for expense of emergency response.
211.06 Conflicts between civil and criminal liability; payment of costs.
211.07 Collection and billing of emergency response costs.
211.99 Penalty.
CROSS REFERENCES
Civil emergencies - see ADM. 214.01
Emergency preparedness - see ADM. Ch. 248
Drunk driving - see TRAF. 412.02
Transporting hazardous materials - see F.P. 1610.06
As used in this chapter:
(a) "Emergency response" means:
(1) The providing, sending and/or utilizing of public service, police, fire-fighting and rescue services by the City to an accident involving a motor vehicle where one or more of the drivers were operating the motor vehicle while under the influence of an alcoholic beverage or a controlled substance, or the combined influence of an alcoholic beverage and a controlled substance; or
(2) The making of a traffic stop and arrest by a police officer when the driver was operating the motor vehicle while under the influence of an alcoholic beverage or controlled substance.
(3) Any response by the Fire Department, an entity operating at the request of the Fire Department, or any other responder as set forth in the national incident management system (Homeland Security Presidential Directive 5), to any call, including medical emergencies, for assistance to any person, property owner, government agency, emergency service provider, or other entity.
(b) "Expense of emergency response" means:
(1) The costs associated with the occurrence of an emergency response as set forth in paragraph (a)(1), (a)(2), or (a)(3) hereof, whichever is applicable. The expenses of making an emergency response, as set forth in paragraph (a)(2) hereof, shall include the costs connected with the administration, provision and analysis of chemical tests and the videotaping of the driver, if applicable. These costs shall be set by Council resolution.
(2) The costs incurred in responding to an emergency event, except as may be limited by a policy adopted by the governing body. Costs include labor, equipment usage, and materials associated with investigation, removal, repair, abatement, mitigation, monitoring, cleanup, analysis, collection costs and attorney fees.
(c) "Dangerous or hazardous substance or material" means any material or substance that has been identified by City, State or Federal laws or regulations to be dangerous or hazardous, and shall include, but not be limited to, such substances as chemicals, gases, explosives, radioactive materials, petroleum products or gases, poisons, etiologic (biologic) agents, flammables, corrosives or substances that are obnoxious by reason of odor, that are spilled, leaked or otherwise released from their container.
(d) "Person" shall mean any individual, partnership, corporation, limited liability corporation, association, consortium, governmental entity, or any other legal entity.
(e) "Hazardous materials response" shall mean any response to an event involving any chemical, substance, compound, mixture, or other material defined as, designated as, listed as, or having the same characteristics as any substance, compound, mixture or material listed as hazardous under federal or state law or regulation.
(Ord. 1992-30. Passed 7-7-92; Ord. 2017-08. Passed 1-3-18.)
(a) Any person who, while under the influence of an alcoholic beverage or a controlled substance, or the combined influence of an alcoholic beverage and a controlled substance, operates a motor vehicle, which operation results in an emergency response, shall be responsible and/or liable for the expenses of such emergency response.
(b) For purposes of this chapter, it shall be presumed that a person was operating a motor vehicle under the influence of an alcoholic beverage if chemical analysis of the driver's blood, urine or breath indicates that the amount of alcohol in the driver's blood was in excess of 0.07 percent.
(Ord. 1992-30. Passed 7-7-92; Ord. 2017-08. Passed 1-3-18.)
(a) It shall be the duty of any person and any other entity who or which causes or controls leakage, spillage or any other dissemination of dangerous or hazardous substances or materials to immediately remove such and clean up the area of such spillage in such a manner that the area involved is fully restored to its condition before the occurrence. The Fire Division and the Department of Public Services will inspect such site to make sure the clean-up is in compliance with local, State and Federal guidelines.
(b) Any person or other entity who or which fails to comply with subsection (a) hereof shall be liable to and shall pay the City for its costs and expenses, including the costs incurred by the City to engage any party to clean up or assist in the cleaning up of the dangerous or hazardous substances or materials, for the complete abatement, clean up and restoration of the affected area.
(Ord. 1992-30. Passed 7-7-92; Ord. 2017-08. Passed 1-3-18.)
(a) Any owner, lessor, lessee, or operator of any property who is responsible for, or contributes to an emergency response shall be liable for the expense of the emergency response.
(b) Any registered owner, lessor, lessee, or operator of any motor vehicle, the operation of which results in an emergency response, shall be liable for the expense of the emergency response.
(c) Any public or private utility whose activities or facilities necessitated an emergency response shall be liable for the expense of the emergency response.
(d) Any person owning, maintaining or operating a railroad shall be liable for the expense of the emergency response.
(e) When an emergency response directly benefits more than one person or property, each person and/or property benefitted shall be jointly and severally liable for the payment of the expense of the emergency response. For purposes of an emergency response involving a motor vehicle, occupants other than the operator and the registered owner shall not be liable for the expense of the emergency response.
(f) Cost recovery for any hazardous materials response may also be pursued in a civil action, pursuant to the Natural Resource Environmental Protection Act (MCL 324.20135), in addition the liability created in Section 211.04.
(Ord. 2017-08. Passed 1-3-18.)
(a) This chapter shall be construed to be a responsibility and liability of a civil nature on the part of the driver and shall not be construed to conflict, contravene, enlarge or reduce any criminal liability or responsibility, including fines imposed by a judge on a driver for operating a motor vehicle while under the influence of an alcoholic beverage and/or a controlled substance. This chapter shall not be construed to authorize any judge to impose criminal sanctions based solely on this chapter, as to the responsible party in a hazardous or toxic waste violation.
(b) The Finance Department shall, within a reasonable time of receiving itemized costs incurred for an emergency response and administrative costs associated therewith, submit a bill for the same by first class mail or personal service to a person or other entity liable for these expenses as provided in this chapter. Such bill shall require full payment in thirty days from the date of billing.
(Ord. 2017-08. Passed 1-3-18.)
(a) Collection recovery costs incurred by the Fire Department, including billing and collection costs, court costs, and attorney fees, shall be assessed to a responsible party who fails to remit reimbursement for the expenses of the emergency services or a hazardous materials response in accordance with the billing procedures of this chapter.
(b) Upon determination of responsibility for an emergency response or a hazardous materials response, the Fire Chief, or the Fire Chief's designee, shall prepare and deliver an invoice of the charges imposed to the responsible party or parties for payment. The responsible party shall reimburse the Fire Department, as directed by the invoice, for the charges set forth in the invoice within 30 days. The responsible party shall be liable for any costs associated with the collection of the unpaid balance that remains after the expiration of 30 days.
(c) If the responsible party refuses to reimburse the city for costs and damages as provided in this chapter, the City shall have a lien for all unpaid costs and damages incurred by the City as above-described, and may enforce such lien in the manner prescribed by the general laws of the State providing for the enforcement of tax liens if the person(s) has a legal or equitable ownership interest in the property where the emergency response occurred. The City shall also have the right to bring an action in the appropriate court to collect such costs if it deems such action to be necessary.
(Ord. 2017-08. Passed 1-3-18.)
(EDITOR'S NOTE: See Section 202.99 for general Code penalty if no specific penalty is provided.)