Chapter 10.34
EMERGENCY RESPONSE COST RECOVERY
Sections:
10.34.040 Charge against person liable—Collection of debt—Insurance.
10.34.010 Negligent operation of motor vehicle—Influence of alcoholic beverage or drug—Intentional wrongful conduct—Liability.
Any person who is under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any drug, whose negligent operation of a motor vehicle caused by that influence proximately causes any incident resulting in an appropriate emergency response, and any person whose intentionally wrongful conduct proximately causes any incident resulting in an appropriate emergency response, is liable for the expense of an emergency response by any and all city agencies to such incident. (Ord. 88-006 § 1 (part), 1988)
10.34.020 Negligent operation of civil aircraft—Influence of alcoholic beverage or drug—Intentional wrongful conduct—Liability.
Any person who is under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any drug, whose negligent operation of a civil aircraft caused by that influence proximately causes any incident resulting in an appropriate emergency response, and any person whose intentionally wrongful conduct proximately causes any incident resulting in an appropriate emergency response, is liable for the expense of an emergency response by any and all city agencies to such incident. (Ord. 88-006 § 1 (part), 1988)
10.34.030 Influence of alcoholic beverage or drug—Inability to operate motor vehicle or aircraft—Presumptions.
For purposes of this chapter, a person is under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any drug, when as a result of drinking an alcoholic beverage or using a drug, or both, his/her physical or mental abilities are impaired to a degree that he/she no longer has the ability to operate a motor vehicle or aircraft with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstance. For purposes of this chapter, the presumptions described in the California Vehicle Code Sections 23152 and 23155 shall apply. (Ord. 88-006 § 1 (part), 1988)
10.34.040 Charge against person liable—Collection of debt—Insurance.
The expense of an emergency response shall be charged against the person liable for expenses under this chapter. The charge constitutes a debt of that person and is collectable by the city in the same manner as in the case of an obligation under a contract, expressed or implied, except that liability for the expenses provided for in this chapter shall not be insurable and no insurance policy shall provide or pay for such expenses. (Ord. 88-006 § 1 (part), 1988)
10.34.050 Limit on liability.
In no event shall a person’s liability under this chapter for the expense of an emergency response exceed the maximum allowable under Government Code Section 53155 or any successor thereof, which on the date of this enactment is set at one thousand dollars for a particular incident. (Ord. 88-006 § 1 (part), 1988)
10.34.060 Definitions.
A. “Expense of an emergency response” means the reasonable costs incurred in reasonably making an appropriate emergency response to the incident, but shall only include those costs directly arising because of the response to the particular incident. Reasonable costs shall include the costs of providing police, fire fighting, rescue, and emergency medical services at the scene of the incident, as well as the salaries of the personnel responding to such incident.
B. “Intentionally wrongful conduct” means conduct intended to injure another person or property. (Ord. 88-006 § 1 (part), 1988)
10.34.070 Regulations.
The chief of police shall promulgate regulations and practices consistent with this chapter to effectuate the legislative intent hereof. (Ord. 88-006 § 1 (part), 1988)
10.34.080 Remedies.
The remedies provided herein shall not be exclusive and may be invoked in conjunction with any and all other remedies available. (Ord. 88-006 § 1 (part), 1988)