Chapter 3.5
RECOVERY OF EMERGENCY RESPONSE COSTS FOR DRIVING UNDER THE INFLUENCE INCIDENTS
Sections:
3.5.01 Authority and purpose: Findings.
3.5.02 Definitions and procedures for implementation of costs recovery program.
3.5.04 Enforcement of other laws: Changes in State law.
3.5.01 Authority and purpose: Findings.
It is the policy of the City to discourage the operation of motor vehicles while under the influence of alcohol and/or drugs.
It is also the policy of the City to encourage careful and responsible conduct by persons operating motor vehicles.
The City has determined that the negligent operation of a motor vehicle by persons driving under the influence of alcohol and/or drugs imposes a burden upon City services above and beyond the regular services normally required for traffic law enforcement.
The City has further determined that persons who negligently operate motor vehicles while under the influence of alcohol and/or drugs should bear a share of the extraordinary burden on the public risk they create.
In furtherance of these policies and in light of these findings, the City has implemented a program for the recovery of emergency response costs for driving under the influence incidents. That program is expressly authorized by Government Code Sections 53150 through 53158. Those statutory sections set forth some of the procedures for the recovery of emergency response costs. The sections, however, leave open for interpretation certain procedures and definitions. It is the intent of the City in adopting the ordinance codified in this chapter to supplement the statutory provisions found in the Government Code and to specify precise definitions and procedures for the implementation of the City’s emergency response cost recovery program as it applies to driving under the influence incidents. (§ 1, Ord. 95-17, eff. July 19, 1995)
3.5.02 Definitions and procedures for implementation of costs recovery program.
(a) “Under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any drug” is as defined in Government Code Section 53153, and includes, but is not limited to, those persons having an alcohol level, as measured by a blood, breath, or urine test, above the legal limit of 0.08, or 0.05 for minors, and those persons testing positive for an illegal drug as measured by a blood or urine test.
(b) “Negligent operation of a motor vehicle” is as defined under California State law, and includes, but is not limited to, driving in a manner as to be a danger to the driver or others, including driving at excessive speeds considering weather conditions, inability to control the vehicle as evidenced by out-of-control turns or weaving between lines, the inability to make driving decisions in a reasonable time, driving on the wrong side of the road, not stopping at stop signs or traffic lights, unsafe or illegal U-turns in front of oncoming vehicles, turning in such a manner as to be dangerous to other vehicles or property, and other acts determined to be dangerous to persons or property by an individual who is qualified to give an opinion on such matters.
(c) “Any incident resulting in an appropriate emergency response” means any driving situation resulting in, or presenting the potential of, loss of life, significant bodily injury, significant property damage, or environmental hazard, and includes, but is not limited to, the following:
(1) An accident with another vehicle, person, or property.
(2) Evading a peace officer in violation of California Vehicle Code Section 2800.1. A conviction is not required.
(3) Failure to stop within a reasonable time after the officer activates the emergency lights or siren with the intent to pull the suspect over. A reasonable time is presumed to be one-half (1/2) of a mile after the officer is behind the suspect, provided the emergency lights or siren are visible or audible to the suspect and the suspect sees or hears or reasonably should have seen or heard the lights or siren. A reasonable time may be less or more than one-half (1/2) of a mile depending on surrounding circumstances, including type of street, speed, weather conditions, level of traffic, and availability of a safe place to stop.
(4) Failure to yield to an emergency vehicle in violation of California Vehicle Code Section 21806. A conviction is not required.
(5) Driving in excess of twenty (20) miles over the posted speed limit.
(6) A code 3 response to the scene of a DUI arrest.
(7) Driving the wrong way on a one-way street.
(8) Driving on the wrong side of the road.
(9) Crossing median dividers.
(10) Stopping or abandoning a vehicle in a lane of traffic, on a median divider, on railroad crossing tracks, or similar dangerous situation.
(11) Weaving across heavy lanes of traffic or weaving on and off the roadway.
(12) Reckless driving in violation of California Vehicle Code Section 23103. A conviction is not required.
(13) Driving in a manner causing other vehicles to take evasive action to avoid an accident.
(14) Whenever an officer is dispatched to a call resulting in a DUI arrest of the driver.
This is a nonexclusive list. Other driving situations that the arresting officer believes may constitute an emergency response shall be reviewed on a case-by-case basis.
(d) “Expense of an emergency response” means the direct and reasonable costs of an appropriate emergency response, and includes all costs necessary to compensate the City for responding to the driving under the influence incident, including the salary and benefits of personnel. The direct costs include, but are not limited to:
(1) The costs of police, fire, emergency medical services, and other emergency services in responding to the scene of the incident;
(2) The costs of the emergency services at the scene of the incident, including directing traffic and ensuring public safety at the scene of the accident;
(3) The costs of obtaining appropriate medical assistance, removing vehicles, investigating the cause of an accident, conducting field sobriety tests, and arresting and detaining the suspect;
(4) The costs of transporting the suspect, booking, performing chemical tests, writing customarily required reports, and performing follow-up investigation to complete the reports. (§ 1, Ord. 95-17, eff. July 19, 1995, as amended by § 1, Ord. 09-01, eff. March 11, 2009, as amended by § 1, Ord. 13-02, eff. March 13, 2013)
3.5.03 Severability.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have adopted each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. (§ 1, Ord. 95-17, eff. July 19, 1995)
3.5.04 Enforcement of other laws: Changes in State law.
Nothing in this chapter prevents the City from enforcing other laws pertaining to the recovery of emergency response costs, including recovery pursuant to Government Code Sections 53150 through 53158, or pursuant to any subsequently enacted laws or amendments to existing laws. (§ 1, Ord. 95-17, eff. July 19, 1995)