Chapter 3.61
EMERGENCY RESPONSE COSTS
Sections:
3.61.010 Establishment of driving under the influence (DUI) cost recovery program.
3.61.010 Establishment of driving under the influence (DUI) cost recovery program.
Pursuant to RCW 38.52.430, a cost recovery program is established to enable the city to recover the costs where intoxication of an individual causes an incident resulting in an appropriate emergency response. The program shall be administered as established in this chapter. (Ord. 2974 § 3, 2011).
3.61.020 Emergency response caused by person’s intoxication – Recovery of costs from convicted person.
(1) A person whose intoxication causes an incident resulting in an appropriate emergency response, and who, in connection with the incident, has been found guilty of or has had their prosecution deferred for (a) driving while under the influence of intoxicating liquor or any drug, RCW 46.61.502; (b) operating an aircraft under the influence of intoxicants or drugs, RCW 47.68.220; (c) use of a vessel while under the influence of alcohol or drugs, RCW 88.12.100; (d) vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a); or (e) vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), is liable for the expense of an emergency response by a public agency to the incident.
(2) The expense of an emergency response is a charge against the person liable for expenses under this section. The charge constitutes a debt of that person and is collectible by the public agency incurring those costs in the same manner as in the case of an obligation under a contract, expressed or implied.
(3) In no event shall a person’s liability under this section for the expense of an emergency response exceed the maximum amount allowed by state law per incident. If more than one public agency makes a claim for payment from an individual for an emergency response to a single incident under the provisions of this section, and the sum of the claims exceeds the amount recovered, the division of the amount recovered shall be determined by an interlocal agreement consistent with the requirements of Chapter 39.34 RCW. (Ord. 3038 § 1, 2013; Ord. 2974 § 3, 2011).
3.61.030 Collection – Use.
(1) A law enforcement agency may submit to the city a notice of liability for the expense of an emergency response. The notice shall set forth the name of the responsible person, the date of the emergency response, the date of conviction or deferred prosecution, and the amount owing to the city. The total emergency response cost may be ordered by the municipal court as restitution. Where the total emergency response cost has not been ordered by the court, the city may collect the expense of the emergency response in the same manner as a contract by sending notice to the person responsible via certified mail with a return receipt. Notice, sent to the last known address, shall be deemed delivered three days after mailing.
(2) Any costs not paid within 60 days of the date ordered by the court or within 60 days of the date of issuance of the notice of liability may be referred to a collection agency. The cost of collection shall be added to the total amount owed by the person whose intoxication resulted in an emergency response.
(3) The city manager or his designee shall have the authority to periodically review the use of these funds collected through the budget authorization process in order to ensure that the amounts collected will be primarily devoted to DUI enforcement emphases. (Ord. 2974 § 3, 2011).
3.61.050 Reimbursement.
The Puyallup police department is authorized to seek reimbursement, whenever allowed by law, for any services rendered to another public agency as part of cooperative law enforcement efforts to enforce laws prohibiting impaired driving. Reimbursement costs shall be figured by the Puyallup police chief, and billed and collected in the manner as may be applicable for the emergency response cost recovery program in the jurisdiction where assistance was provided. (Ord. 2974 § 3, 2011).
3.61.060 No preemption.
This chapter shall not be interpreted to preempt state law, but shall be interpreted to comply therewith. (Ord. 2974 § 3, 2011).