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CC - Resos 98-13 - Recovery of Emergency Cost Arising our of DUI Driving - Box 067q2 TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: ROBERT KRESS, CITY ATTORNEY DATE: APRIL 14, 1998 RE: RESOLUTION NO. 98-13 A RESOLUTION OF THE CITY OF ROSEMEAD AUTHORIZING RECOVERY OF EMERGENCY COSTS ARISING OUT OF ALCOHOL AND/OR DRUG RELATED DRIVING Recently Sgt. Wallace informed staff of the opportunity to recover the City's direct costs involved for Sheriffs Department arrest and impounding of vehicles of drivers impaired by alcohol and or drugs. Government Code §§53150-53158 (copies attached) allow public agencies to bill drivers for the emergency response costs associated with their arrest and vehicle impound. Sgt. Wallace estimates that Rosemead currently spends approximately $37,050.00 per year on such emergency responses. The average cost of such an incident is approximately $285.00. The drivers are mailed an explanatory letter, along with a bill from the City, detailing the costs incurred in the emergency response. Samples of the correspondence and billing currently utilized in the City of Duarte are attached. RECOMMENDATION: It-is recommended that the City Council adopt Resolution No. 98-13, a Resolution of the City Council of the City of Rosemead Authorizing Recovery of Emergency Costs Arising Out of Alcohol and or Drug Related Driving, agit m 18 COUNCIL. AGENDA APR 2 81998 ITEM No. - .A _ RESOLUTION NO. 98-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AUTHORIZING RECOVERY OF EMERGENCY COSTS ARISING OUT OF ALCOHOL AND/OR DRUG RELATED DRIVING WHEREAS, persons under the influence of an alcoholic beverage or any drug or the combined influence of an alcoholic beverage and any drug who operate a motor vehicle, are a danger to themselves and the community in general; and WHEREAS, persons who are under the influence of an alcoholic beverage or any drug or the combination of the two, contribute to a large percentage of auto accidents in the County of Los Angeles; and WHEREAS, persons who are under the influence of an alcoholic beverage or any drug or the combination of the two, create a burdensome expense for the emergency response by a public agency and specifically, the City of Rosemead; and WHEREAS, California Government Code Sections 53150 through 53158, et. al, enable public agencies such as the City of Rosemead to recover its expenses of an emergency response arising out of the negligent and/or intentional operation of a motor vehicle while under the influence of an alcoholic beverage or any drug or any combination of the two; and WHEREAS, the City of Rosemead desires to recover the expense of its emergency response resulting from the intentional wrongful conduct and/or negligent operation of a motor vehicle while under the influence of an alcoholic beverage or any drug or any combination of the two, NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES RESOLVE AS FOLLOWS: Section 1: That California Government Code Sections 53150 through 53158, et. al., regarding the costs of emergency response arising out of the negligent and/or intentional operation of a motor vehicle while under the influence of an alcoholic beverage or drug or any combination of the two, be adopted by the City of Rosemead. Section 2: That the City Council of the City of Rosemead direct the city staff to implement this program for the recovery of emergency response costs. PASSED and ADOPTED this 28th day of April, 1998. ATTEST: Mayor Nancy Valderrama, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF ROSEMEAD ) I, Nancy Valderrama, City Clerk of the City of Rosemead, County of Los Angeles, State of California, hereby attest to the above signature and certify that Resolution No. was adopted by the City Council of said City of Rosemead at a regular meeting of said Council held on the 28th day of April, 1998, by the following vote: AYES: NOES: ABSENT: Nancy Valderrama, City Clerk City of Rosemead, California § 53150 CITIES, COUNTIES, At OTHER AGENCIES Tide 5 Article 8 COSTS OF EMERGENCY RESPONSE Section 53150. Negligent operation of motor vehicle; influence of alcoholic beverage or drug; intentional wrongful conduct; liability. 53151. Negligent operation of boat or vessel; influence of alcoholic beverage or drug; intentional wrongful conduct; liability. 53152. Negligent operation of civil aircraft; influence of alcoholic beverage or drug; intentional wrongful conduct; liability. 53153. Influence of alcoholic beverage or drug; inability to operate motor vehicle, boat or vessel, or aircraft; presumptions. 53154. Charge against person liable; collection of debt; insurance. 53155. Limit on liability. _ 53156. Definitions. 53157. Admissibility of evidence in criminal proceedings. 53158. Legislative intent. Article 8 was added by Stats.1985, c. 337, § 1. Cross References Restitution of costs as condition of probation, see Penal Code § 1203.1. § 53150. Negligent operation of motor vehicle; influence of alcoholic bev- erage 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 a public agency to the incident. (Added by Stats.1985, c. 337, § 1.) § 53151. Negligent operation of boat or vessel; 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 any boat or vessel 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 a public agency to the incident. (Added by Stats.1985, c. 337, § 1.) § 53152. Negligent operation of civil aircraft; influence of alcoholic bever- age 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 100 GENERAL POWERS & DUTIES § 53156 Div. 2 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 an incident resulting in an appropriate emergency response, is liable for the expense of an emergency response by a public agency to the incident. (Added by Stats.1985, c. 337, § 1.) § 53153. Influence of alcoholic beverage or drug; inability to operate motor vehicle, boat or vessel, or aircraft; presumptions For purposes of this article, 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 or her physical or mental abilities are impaired to a degree that he or she no longer has the ability to operate a motor vehicle, boat or vessel, or aircraft with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances. For purposes of this article, the presumptions described in Sections 23152 and 23155 of the Vehicle Code shall apply. (Added by Stats.1985, c. 337, § I.) § 53154. Charge against person liable; collection of debt; insurance The expense of an emergency response shall be a charge against the person liable for expenses under this article. 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, except that liability for the expenses provided for in this article shall not be insurable and no insurance policy shall provide or pay for the expenses. (Added by Stats.1985. c. 337, § I.) § 53155. Limit on liability In no event shall a person's liability under this article for the expense of an emergency response exceed one thousand dollars ($1,000) for a particular incident. (Added by Stats.1985, c. 337, § I. Amended by Stats.1986, c. 1112, § 1.) § 53156. Definitions As used in this article: (a) "Expense of an emergency response" means reasonable costs incurred by a public agency 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, firefighting, rescue, and emergency medical services at the 101 § 53156 CITIES, COUNTIES, & OTHER AGENCIES Title 5 scene of the incident, as well as the salaries of the personnel responding to the incident. (b) "Public agency" means the state and any city, county, municipal corpora- tion, district, or public authority located, in whole or in part, within this state which provides or may provide firefighting, police, ambulance, medical, or other emergency services. (c) "Intentionally wrongful conduct" means conduct intended to injure an- other person or property. (Added by Stats.1985, c. 337, § 1. Amended by Stats.1986, c. 1112, § 2.) § 53157. Admissibility of evidence in criminal proceedings Any testimony, admission, or any other statement made by the defendant in any proceeding brought pursuant to this article, or any evidence derived from the testimony, admission, or other statement, shall not be admitted or otherwise used in any criminal proceeding arising out of the same incident. (Added by Slats. 1985, c. 337, § 1.) § 53158. Legislative intent It is not the intent of the Legislature, in enacting this article, to occupy the field of recovery of the expense of an emergency response by a public agency, nor is it the intent of the Legislature to preempt local regulations or to otherwise limit the remedies available to any public agency to recover the expenses of an emergency response to any incident not involving persons who operate a motor vehicle, a boat or vessel, or a civil aircraft while under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any drug. It is the intent of the Legislature that the recovery of the expenses of an emergency response under this chapter shall supplement and shall not supplant any other provisions of lain relating to the recovery of those expenses. (Added by Stats.1985, c. 337, § 1. Amended by Stats.1987, c. 897, § l.)