Chapter 3.32 - Costs of Emergency Response#
3.32.010 - Authority#
The provisions of this chapter are established for the implementation and administration of Title 5, Division 2, Part 1, Chapter 1, Article 8 of the California Government Code entitled "Costs of Emergency Response" (53150 et seq.) as it may be amended from time to time.
(Ord. 596B §1(part), 1993)
3.32.020 - Liability#
Pursuant to the authority vested in the city by state statute, each person who is under the influence of alcohol and/or any drug, whose negligent operation of a motor vehicle, boat or aircraft caused by that influence proximately causes any incident resulting in an appropriate emergency response, or whose intentional wrongful conduct proximately causes any incident resulting in an appropriate emergency response, shall pay to the city the expense of such emergency response. In no event shall a person's liability under this section exceed the maximum allowable under statute.
(Ord. 596B §1(part), 1993)
3.32.030 - Department record keeping#
All city departments participating in emergency responses to any incident involving a person under the influence of alcohol and/or drugs, or a person whose conduct is intentionally wrongful, while operating a motor vehicle, boat or civil aircraft, shall log all personnel time, equipment time and use, and all incidental costs involved in such emergency response.
(Ord. 596B §1(part), 1993)
3.32.040 - Reporting costs#
The costs of the city for all such personnel time, equipment use and incidental items shall be reported by each department within ten days thereafter to the city manager, including, without limitation:
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All direct wage costs for all department personnel so involved including the department head;
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All equipment costs, including reasonable depreciation or standard industry hourly rental amounts, plus the cost of all incidental materials and supplies, involved in the emergency response;
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The department head responsible for determining that the person causing the incident was driving under the influence of alcohol and/or drugs, or that said person's driving conduct was intentionally wrongful, shall be responsible for coordinating the preparation and furnishing of the departmental reports to the city manager.
(Ord. 596B §1(part), 1993)
3.32.050 - Collection of costs#
The cost of an emergency response shall be charged against the person liable for the expenses provided in this chapter. This charge constitutes a debt of that person to the city, and is collectable by the city in the same manner as in the case of an obligation under a contract, express or implied. All judicial actions for judgment and collection of the debt obligation herein shall be filed in the Placer County municipal court, small claims division, Lincoln, California.
(Ord. 596 §1(part), 1993)
3.32.060 - Release of obligation to pay costs#
The debt obligation herein shall only be excused or canceled upon an explicit verdict or finding by a court, that said person did not cause the incident, or that said person was not under the influence of alcohol and/or drugs and said person's conduct was not intentionally wrongful at the time of the incident.
All moneys collected shall be placed in the city's general fund, and shall be included in city budget projects.
(Ord. 596B §1(part), 1993)