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TB 5.21.2019 <br />Section 2. Sections 10-196 through 10-199 are hereby amended to add the following <br />to the Santa Ana Municipal Code to read as follows: <br />ARTICLE III. EMERGENCY RESPONSE COST RECOVERY <br />Section 10-196 - DUI Cost Recovery Program <br />(a) Definitions and procedures for implementation of costs recovery program <br />(1) For purposes of this chapter, a person is under the influence of an alcoholic <br />beverage or any drug, or combined influence of an alcoholic beverage and any <br />drug, when as a result of drinking an alcoholic beverage or using a drug, or both, <br />his or her physical or mental abilities are impaired to a degree that he or she no <br />longer has the ability to operate a motor vehicle with the caution and <br />characteristic of a sober person of ordinary prudence under the same or similar <br />circumstances. For the purposes of this chapter, the presumptions described in <br />provisions of Section 23152 of the California Vehicle Codeshall apply. <br />(2) For purposes of this chapter, an "emergency response" is one for which police <br />personnel and equipment respond to an "incident".beyond the police response <br />required for a mere traffic stop leading to an arrest. <br />(3) For purposes of this chapter, an "incident�is an event involving any person who <br />is under the influence of an alcoholic beverage or any drug, or the combined <br />influence of an alcoholic beverage and any drug, whose negligent operation of a <br />motor vehicle due to the influence,proximately causes an event requiring an <br />emergency response as defined in Section 10-196(a)(2). Although a collision is <br />not necessary to create an"incident", an ordinary arrest for driving under the <br />influence is insufficient. <br />Section 10-197 - Emergency Cost Recovery <br />Calculation of the amount due for an "emergency response' shall include all actual <br />costs incurred by the City in responding to the incident, including salary, benefits and <br />overhead as established by resolution of the City Council, for each member of police <br />responding to the incident, the cost of equipment on scene, and the cost of repairing <br />and replacing equipment damaged at the scene. This also includes the cost of <br />obtaining medical assistance, removing vehicles, investigating the cause of the <br />accident, conducting field sobriety tests, arrest and booking of suspect, performing <br />chemical tests, writing customary reports and follow up investigation needed to <br />complete reports. <br />11 A-4 <br />