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.
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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
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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
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_4438.00000'90901 z a.,