(A) Liability for expenses.
(1) Any person who, while under the influence of an alcoholic beverage or any controlled substance, or the combined influence of an alcoholic beverage and any controlled substance, operates a motor vehicle which results in an emergency response as defined in § 193.02 shall be responsible and/or liable for the expenses of the emergency response. Those associated expenses shall become payable to the City Police Department Special Revenue Fund. Those funds shall be earmarked to be used for the maintenance and/or purchase of video equipment, breath testing equipment, other police equipment, and other police related needs.
(2) For the purposes of the article, it shall be presumed that a person was operating a motor vehicle under the influence of an alcoholic beverage if chemical analysis of the drivers blood, breath, or urine indicates that the amount of alcohol in the driver's blood was in excess of 0.07%.
(B) Civil liability. This article 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 or 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 controlled substance.
(Ord. 1052, passed 12-13-93)