Loading...
HomeMy WebLinkAboutResolution - 3540 STATE OF CALIFORNIA } RESOLUTION NO. 3540 COUNTY OF RIVERSIDE } ss CITY OF SAN JACINTO } A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ADOPTING A DUI EMERGENCY RESPONSE COST RECOVERY PROGRAM FOR MOTOR VEHICLE INCIDENTS CAUSED BY PERSONS DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR BOTH WHEREAS, Government Code section 53150 et seq. authorizes public agencies to recover emergency response expenses from any person whose intentional wrongful conduct or negligent conduct causes a motor vehicle incident resulting in an appropriate emergency response; and WHEREAS, Government Code section 53156(a) defines "expense of an emergency response" as the "reasonable costs incurred by a public agency in reasonably making an appropriate emergency response to the incident." Reasonable costs include the costs of providing police, firefighting, rescue, and emergency medical services at the scene of the incident, as well as the salaries of the personnel responding to the incident; and WHEREAS, emergency response expenses also include removing vehicles, investigating the cause of the incident, conducting field sobriety tests, and if appropriate, arresting and detaining the subject. These costs may also include time spent booking the suspect, writing reports, as well as the cost of materials. (California Highway Patrol v. Superior Court, (2006) 135 Cal. App. 4th 488, 508-09 (Cal. App. 1st Dist.); and WHEREAS, emergency response expenses authorized under Government Code section 53150 are intended to be in addition to, and not in limitation of, any other liability, fines, or fees that are imposed by law; and WHEREAS, the City of San Jacinto, through a contract with the County of Riverside, provides police, fire protection, and emergency medical response services for traffic collisions caused by individuals under the influence of alcohol, drugs, or both; and WHEREAS, the City wishes to establish a DUI Emergency Response Cost Recovery Program ("Program") to hold persons driving impaired by alcohol, drugs, 24438.0000019090111,1 or both financially accountable for their actions by recovering emergency response expenses. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of San Jacinto, California, finds that the above recitals are true and correct and incorporated herein by this reference. SECTION 2. The City Council hereby approves and adopts the DUI Emergency Response Cost Recovery Program ("Program"). SECTION 3. Pursuant to the adoption of the Program, the City may recover the reasonable costs incurred in making an appropriate emergency response to incidents involving persons(s) who are driving under the influence of alcohol, drugs, or both. SECTION 4, The City shall calculate the reasonable costs incurred in making an appropriate emergency response for each incident involving person(s) who are driving under the influence of alcohol, drugs, or both. The City shall prepare an invoice and letter to the person(s) causing the incident seeking recovery of the emergency response costs necessitated by the incident as reflected on the Cost Recovery Statement for the incident. SECTION 5. The Cost Recovery Statement shall include the costs of providing police, firefighting, rescue, and emergency medical services at the scene of the incident, as well as the salaries of the personnel responding to the incident. The Cost Recovery Statement shall also include the costs of removing vehicles, investigating the cause of the incident, conducting field sobriety tests, arresting and detaining the suspect, booking the suspect, writing reports, and the cost of materials. SECTION 6. The City Council hereby authorizes the Chief of Police, or his or her designee, to implement the Program and recover the costs reflected on a Cost Recovery Statement for deposit into the General Fund. SECTION 7, The City Council hereby authorizes the Chief of Police, or his or her designee, to establish the amount of the Cost Recovery Statement for each incident, which shall not exceed twelve thousand dollars ($12,000) for any one incident. SECTION 8. The City Clerk shall certify as to the adoption of this Resolution. Page 2 244 8.00000"9090111.i PASSED, APPROVED, AND ADOPTED this 215' day of October, 2014, by the following vote: Ayes: Bartel, Kotyuk, Miller, Ruiz, Ledezma Nays: None Absent: None Abstained: None City of San Jacinto 10 Alonso Ledezma, May ATTEST. Richard Miller, City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER, LLP o al � J ffPey . Blinge , City Attorney Page 3 24438.00000`,9090111.1 CERTIFICATION STATE OF CALIFORNIA RESOLUTION NO, 3540 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO 1, Rick Miller, City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 21st day of October, 2014. Richard Miller, City Clerk Page 4 _4438.00000'90901 z a.,