Chapter 3.32
POLICE DEPARTMENT SERVICE FEES
Sections:
3.32.040 Driving under the Influence (DUI) cost recovery program.
3.32.010 Findings.
The city council provides general police protection services to its citizenry. From time to time, the Winters police department provides services, upon request or direction, to other public agencies. These services are not directly a function of its local police protection activities. From time to time, the Winters police department provides services, upon request, to private citizens, services that are other than those which are a function of its local police protection activities. Providing fingerprints upon request is an example. From time to time, the Winters police department expends police time and expense in the enforcement of various state and local statutes under which reimbursement procedures are established. This reimbursement may be from other public agencies, from offenders, or from specific state or federal funds. The city council by this chapter seeks to establish and update fee schedules and reimbursement rights as allowed by law. The city council by this chapter will distinguish between its usual traffic fines, and these service fees and reimbursement procedures. (Ord. 91-08 § 4 (part): prior code § 9-7.01)
3.32.020 Definitions.
As used in this chapter, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
“City” means the city of Winters.
“Public agency” means any local government, including a district, a county, another city, school district, fire district, the state of California, or the federal government or federal agency.
“Services” means any service provided by the city police department for which reimbursement is provided, authorized, or may be claimed under existing or future law, or services which are not directly related to police protection services provided to the public generally, inside the Winters city limits. (Ord. 91-08 § 4 (part): prior code § 9-7.02)
3.32.030 Fees.
The Winters city council may provide, by resolution, a schedule of fees to be charged by the Winters police department for any service provided for which reimbursement is provided, authorized, or may be claimed under existing or future law, or services which are not directly related to police protection services provided to the public generally, inside the Winters city limits. Where a service is provided that would otherwise fall under this chapter but is not listed, the Winters police department is authorized to charge a fee reflecting the actual cost to the city of such service. (Ord. 91-08 § 4 (part): prior code § 9-7.03)
3.32.040 Driving under the Influence (DUI) cost recovery program.
Pursuant to California Government Code Section 53150, et seq., a cost recovery program is established to reimburse the city for the costs of apprehension of all suspects who are charged in a court of law for Driving Under the Influence, specifically Sections 23152, et seq. of the California Vehicle Code. The program shall be administered as follows:
A. Program Organization. Responsibility for administration of the DUI emergency response cost recovery program is vested with the patrol division. A designated DUI cost recovery program officer shall monitor all DUI arrests made by the Winters police department. Cost recovery efforts will be initiated against all suspects who are charged in a court of law for Driving Under the influence (Sections 23152, et seq., of the California Vehicle Code).
B. Identification of Cost Recovery Cases. The designated cost recovery program officer will review all DUI arrest reports. Potential cost recovery cases are identified by one or more of the guidelines listed below:
1. Under the influence of an alcoholic beverage or drug based on:
a. Objective symptoms observed by an officer,
b. Blood alcohol test results are at or above the legal limit of .08 percent, or a positive test for drugs;
2. Negligent operation of a motor vehicle, aircraft or boat, where:
a. An accident occurred involving a DUI driver,
b. A DUI driver committed a hazardous moving violation as defined by California Vehicle Code, Division 11 (Rules of the Road).
3. Emergency Response. “Emergency response” is defined for purposes of this section, as a police or fire department action that results in the activation of emergency lights and/or siren.
C. Documentation. The DUI cost recovery program officer shall research each incident to obtain the time expended by the Winters police personnel.
1. Computer-Aided Dispatch. Time expended for the processing of a DUI arrest is obtained from the Computer-Aided Dispatch (CAD) system of the Communications Center. Total time is calculated from the time of the initial dispatch or vehicle stop, until the officer clears the assignment. Calculations are made for all police personnel directly involved in all aspects of the DUI arrest. The fire district office will determine costs for its personnel and forward this information to the police department for billing. Other than good faith collection efforts, the city shall have no liability to collect this reimbursement on the part of the fire district. Any such collection efforts shall be subject to the city’s costs for the collection, to be distributed to city prior to the remaining balance being paid to the fire district.
2. Any laboratory fees incurred by the city, that are not assumed by the district attorney’s office, will be charged to the DUI suspect.
D. Fee Structure.
1. Police Hourly Rates. The total time expended for each police department employee involved in the DUI incident shall be recorded to the nearest minute on the DUI cost report form. Charges will not be imposed for wages of dispatchers, nor for supervisors while engaged in the act of reviewing the completed reports. The police chief will calculate the total police hourly wages to be charged to the DUI suspect.
2. Equipment. Vehicle operations costs, flares, and first-aid supplies shall be billed as part of the DUI cost recovery program.
3. Jail Booking Fees. Any present of subsequently charged booking fees or similar county costs for suspects booked into county jail will be charged to the DUI suspect.
E. Billing.
1. Notice. The city finance department shall be responsible for billing the suspected DUI offender by U.S. Mail. A thirty (30) day period is allowed for payment of the emergency response costs.
2. Form of Payment. The billing notice shall state that payment is to be in the form of money order, certified check, or bank draft. When personal checks are received, however, they will be accepted.
F. Delinquent Accounts.
1. If the emergency response bill is not paid within thirty (30) days after it is mailed, and no arrangements have been made for partial payment, the bill will be declared delinquent. A penalty assessment, consistent with finance department policy, may be added to the costs. Interest on the costs will run at ten (10) percent per annum from and after thirty (30) days following billing.
2. The city may proceed in small claims, or through regular collection procedures, against the delinquent payee. In the event the city incurs legal expenses in the collection of the billing, the city shall be entitled to its attorney’s fees in addition to the amount collected. Successful judgments will be deposited in the city treasury.
G. Payment Reimbursement. If an offender, after paying his or her emergency response recovery bill, is acquitted of all criminal charges associated with the police department emergency response, he or she shall be entitled to reimbursement upon demand, in an amount equal to that which they have paid.
H. Appeal. The police chief will serve as the arbitrator on disputes over billing. All decisions of the police chief will be final, without appeal to the city manager or the Winters city council.
I. Limit on Liability. In no event shall a person’s liability under this chapter for the expense of an emergency response exceed one thousand dollars ($1000.00) for a particular incident. This limitation may be changed by resolution of the Winters city council when allowed by state law. (Ord. 91-08 § 4 (part): prior code § 9-7.04)
3.32.050 Reimbursement.
The Winters police department is authorized to seek reimbursement, whenever allowed by law, for any services rendered to other public agencies, or to private individuals. Reimbursement costs shall be figured by the Winters police chief, and billed and collected in the same manner as applicable for the emergency response cost recovery program, with the same finance charges, interest and recovery costs applicable. (Ord. 91-08 § 4 (part): prior code § 9-7.05)
3.32.060 No preemption.
This chapter shall not be interpreted to preempt state law, but shall be interpreted to comply therewith. (Ord. 91-08 § 4 (part): prior code § 9-7.06)