Chapter 137 RECOVERY OF COSTS OF EMERGENCY RESPONSES *

Transcription

1 Chapter 137 RECOVERY OF COSTS OF EMERGENCY RESPONSES * Findings Definitions Liability and expense of an emergency response. Sec Findings. The City of Flushing finds that a significant number of traffic arrests and traffic accidents in the city involve drivers who are operating a motor vehicle while under the influence of alcoholic beverages and/or controlled substances. In addition, the city 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 city 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. The city further finds that a disproportionate part of the expenses of other catastrophes including train derailment and power station failures falls on the public. As a result, an additional financial burden is placed on the city, police and firefighting and rescue services by these catastrophes. (Ord. No. 137, 1, ; Ord. of ) Sec Definitions. When used in this chapter, the following terms shall have the following meanings: (a) Emergency response: (1) The providing, sending and/or utilizing of police, firefighting, emergency medical and/or rescue services by the city, or by a private individual or corporation operating at the request or direction of the city, to an incident resulting in an accident involving one (1) or more motor vehicles operated by one (1) or more drivers who were impaired by or under the influence of an alcoholic beverage and/or controlled substance; or (2) The providing, sending and/or utilizing of police, firefighting, emergency medical and/or rescue services by the city, or by private individual or corporation operating at the request or direction of the city, to an incident resulting in a traffic stop and arrest involving a driver who was operating a motor vehicle while impaired by or under the influence of an alcoholic beverage and/or controlled substance by a police officer; or * Cross reference Driving under the influence of alcohol or controlled substances.

2 FLUSHING CODE GENERAL OFFENSES (3) The providing, sending and/or utilizing of police, firefighting, emergency medical and/or rescue services by the city, or by private individual or corporation operating at the request or direction of the city to an incident resulting from a train derailment or power station failure. (b) Expenses of an emergency response: The direct and reasonable costs incurred by the city or by a private person or corporation operating at the request or direction of the city, 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 the city personnel responding to the incident, all salaries and wages of the city personnel engaged in investigation, supervision and reporting 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, and all costs relating to any prosecution of the person causing the incident, including the city attorneys. (Ord. No. 137, 2, ; Ord. of ) Sec Liability and expense of an emergency response. (a) Person responsible: (1) 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, such person s operation of a motor vehicle proximately causes any incident in an emergency response. (2) A person or business entity is liable for the expense of an emergency response if at the time of the incident it was the owner or operator of a train engine involved in a train derailment or the owner or operator of a power station involved in a power station failure which causes any incident resulting in an emergency response. (b) Who is impaired; presumption: For the purpose of this chapter, 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 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 seven one-hundredths of one percent (0.07%).

3 RECOVERY OF COSTS (c) Charge against person: The expense of an emergency response shall be a charge against the person liable for the expenses under this ordinance. The charge constitutes a debt of that person and is collectible by the city in the same manner as in the case of an obligation under an expressed or implied contract. (d) Alternative method of collection of expenses of emergency response in form of collection of costs at the time of sentencing: In the event that a person is found guilty by a judge or jury of, enters a plea of guilty to, or enters a plea of no contest to a violation of any statute of the State of Michigan, or ordinance of the City of Flushing, prohibiting the operation of a motor vehicle while under the influence of an alcoholic beverage or a controlled substance, or a combination thereof, or of any lesser included offense, then at the time of imposition of a sentence by the court, the costs shall be assessed by the court, in addition to costs assessed under the provisions of any other statute or ordinance, in an amount equal to the expenses of an emergency response at the time of the incident for which the person is being sentenced. The amount of such costs shall be set forth in an affidavit filed by the city with the court prior to sentencing. The charges for the individual items of expense shall not exceed those set forth in the schedule of costs adopted by the city pursuant to subsection (e) below. Such costs shall be paid to the clerk of the court for transmittal to the treasurer of the city in accordance with the procedure to be established by the mutual agreement. (e) Costs and recovery schedule: The city shall, by resolution, adopt a schedule of the costs included in an emergency response. Such schedule shall be available to the public from either the city clerk or the police department. (f) Billing: the chief of police, or his or her designee, may, within ten (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 ordinance, unless such costs are to be taxed by a court pursuant to subsection (d) above. The bill(s) shall require full payment within thirty (30) days from the date of service. (g) Failure to pay: Any failure by the person described in this ordinance as liable to pay the bill for the expense of an emergency response within thirty (30) days of service shall be considered in default. In case of default, the city may commence civil suit to recover such expenses plus any costs allowed by law. (Ord. No. 137, 3, ; Ord. of )

4 FLUSHING CODE GENERAL OFFENSES RECOVERY OF FEES FOR FIRE SERVICES Purpose Charges Billing, Payment and Collection of Fees Non-Exclusive Fees Severability Ordinances Repealed Exemptions Effective Date. Sec Purpose. This ordinance is adopted for the purpose of authorizing the collection of fees for emergency fire services and emergency services that are or might in the future be provided by the Flushing Fire Department. It is anticipated that these services will encompass the provision of first responding emergency medical services as well as providing other types of routine Fire Department services. Sec Charges. The collection of fees for services provided by the Flushing Fire Department is hereby authorized. The amount of the fees to be charged and collected for services provided by the Flushing Fire Department shall be as established annually by Resolution of the Flushing City Council upon recommendation of the Flushing Fire Board. Sec Billing, Payment and Collection of Fees. All charges and fees established pursuant to this ordinance shall be billed directly to the property owner and shall be due and payable within sixty (60) days from the date of the bill. The property owner may file an appeal with the Flushing City Council in the event of undue hardship or a billing error. Any such appeal shall be in writing and shall be filed with the City Clerk not later than sixty (60) days from the date of the bill. In the event that payment is not received within the time period herein established, the payment of said fees shall be enforced through proceedings in any court of competent jurisdiction and the City shall have any and all other remedies provided by law for the collection of those fees. Sec Non-Exclusive Fees. The fees authorized for collection herein shall not be exclusive of charges that may be made by the City for the cost and expenses of maintaining the Fire Department but shall be supplemental thereto. Additionally, charges may be collected by the City through general taxation after the vote of the electorate approving the same or by special assessment as otherwise authorized by Michigan Statutes. General fund appropriations may also be made to cover any additional costs and expenses of maintaining and operating the Flushing Fire Department.

5 RECOVERY OF FEES FOR FIRE SERVICES Sec Severability. Should any provision or part of this ordinance be declared by any court of competent jurisdiction be invalid or unenforceable, the same shall not affect the validity or enforceability of the balance of this ordinance which shall remain in full force and effect. Sec Ordinances Repealed. All ordinances or parts thereof in conflict with the provisions of this ordinance are, to the extent of such conflict, hereby repealed. Sec Exemptions. The following entities/properties are exempt from this ordinance: - City of Flushing - Those which are exempted by statute - Those entities which are exempted by contract or mutual aid agreement Sec Effective Date. This ordinance shall take effect and be in force twenty (20) days from adoption. (Ord. No. 138, 1-8, Ord. of )