HomeMy WebLinkAboutReso 116-89 DUI CostRecoverRESOLUTION NO. 116-89
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
ADOPTING PROCEDURES FOR IMPLEMENTATION OF THE
DRIVING UNDER THE INFLUENCE EMERGENCY RESPONSE
COST RECOVERY PROGRAM
WHEREAS, it is the policy of the City of Dublin to
discourage the operation of motor vehicles while under the
influence of alcohol and/or drugs, and otherwise to encourage
careful and responsible conduct by persons operating motor
vehicles; and
WHEREAS, negligent driving under the influence of alcohol
and/or drugs is intentional wrongful conduct; and
WHEREAS, intentional wrongfulconduct b persons operating
motor vehicles imposes a burden on City services above and beyond
regular services required for traffic law enforcement; and
WHEREAS, persons who willfully conduct themselves in a
manner which imposes an extraordinary burden on the public should
bear a share of that burden; and
WHEREAS, the City of Dublin wishes to implement a Driving
Under the Influence Emergency Response Cost Recovery Program in
accordance with Sections 53150 - 53158 of the California
Government Code, which provides for the reimbursement of
emergency response cost against: any person whose negligent
operation of a motor vehicle while under the influence of
alcoholic beverage or drug proximately causes any incident
resulting in emergency response by police or fire personnel; and
any person whose intentionally wrongful conduct while in the
operation of a motor vehicle proximately causes any incident
resulting in an emergency response by police or fire personnel;
and
WHEREAS, this Council desires to adopt formally the
following procedures for conduct of the Program; and
WHEREAS, this Council finds that the Program is of the
utmost importance to the promotion of the general welfare and
safety of the people of the City of Dublin because it is designed
and intended to encourage safe driving by requiring offenders to
reimburse the City part of the cost of responding to incidents
caused by their negligent and intentional wrongful conduct;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DUBLIN DOES RESOLVE AS
FOLLOWS:
SECTION 1. This Council hereby formally determines to
implement the Program and make it effective as of
July 1, 1989.
SECTION 2.
apply:
The following procedures and regulations shall
A. A motorist arrested for driving under the
influence of alcohol and/or drugs (DUI) will be
billed for the direct costs of rendering service if
all of the following criteria are met:
1. Under the influence of an alcoholic
beverage or any drug.
a. Objective symptoms are observed by
a sworn officer.
b. Chemical tests show the driver was
above the legal limit of 0.10 percent, or
tested positive for drugs, or refused to
submit to a chemical test. (The legal
limit will be 0.08 effective January 1,
1990.)
2. Negligently operated a motor vehicle
resulting in:
a. An accident involving the DUI driver,
and/or
b. DUI driver committed a hazardous moving
violation as defined in the California
vehicle Code, Division 11 violation.
3. Proximately caused any incident.
a. Accident caused by actions of DUI
driver.
b. Hazardous moving violation caused by
DUI driver (speeding, failure to stop for
red light, speed contest, etc.).
4. Appropriate emergency response.
Use of emergency equipment by Police or
Fire units was required because of incident
caused by DUI driver (activation of
emergency 1,ights and/or siren).
B. A motorist arrested for other criminal acts
resulting from intentionally wrongful conduct while
operating a motor vehicle will be billed if any one
of the following criteria are met:
1. He/She conducted him/herself in a manner
intended to injure another person or property.
2. He/She evaded arrest where there was
conduct intended to injure another or property.
3. He/She attempts to ram or rams police
vehicle(s) or property.
C. The City may bill motorists only for the
direct costs tothe City of the emergency
response, i.e. costs of repairing or replacing
City property damaged or destroyed; hourly salary
and fringe benefit costs of the police or other
personnel who directly respond to an incident:
emergency vehicle costs.
D. The City will treat the emergency response
costs as a civil debt collectible by City in the
same manner as a contract obligation. Thus, prior
to billing City need not await a criminal
conviction regarding the incident at issue.
PASSED, APP~t~D AND ADOPTED BY THE COUNCIL OF THE CITY OF
h
DUBLIN ON THIS day of October , 1989, by t e
following vote:
AYES: Councilmembers Hegarty, Jeffery, Snyder, Vonheeder and
Mayor Moffatt
NOES: None
ABSENT: None
ATTEST: