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ARTICLE III. EMERGENCY RESPONSE COST RECOVERY Section 10-196 - DUI Cost Recovery Program (a) Definitions and procedures for implementation of costs recovery program (1) For purposes of this chapter, a person is under the influence of an alcoholic beverage or any drug, or 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 with the caution and characteristic of a sober person of ordinary prudence under the same or similar circumstances. For the purposes of this chapter, the presumptions described in provisions of Section 23152 of the California Vehicle Code shall apply. (2) For purposes of this chapter, an "emergency response" is one for which police personnel and equipment respond to an "incident" beyond the police response required for a mere traffic stop leading to an arrest. (3) For purposes of this chapter, an "incident' is an event involving 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 due to the influence proximately causes an event requiring an emergency response as defined in Section 10-196(a)(2). Although a collision is not necessary to create an "incident', an ordinary arrest for driving under the influence is insufficient. Section 10-197 - Emergency Cost Recovery Calculation of the amount due for an "emergency response" shall include all actual costs incurred by the City in responding to the incident, including salary, benefits and overhead as established by resolution of the City Council, for each member of police responding to the incident, the cost of equipment on scene, and the cost of repairing and replacing equipment damaged at the scene. This also includes the cost of obtaining medical assistance, removing vehicles, investigating the cause of the accident, conducting field sobriety tests, arrest and booking of suspect, performing chemical tests, writing customary reports and follow up investigation needed to complete reports. Section 10-198 - Collection of Charges (a) The Chief of Police or his/her designee shall calculate the charges payable under this section and shall forward the information that is required to invoice the person responsible for the incident to the Finance and Management Services Agency. (b) If the person responsible for the incident is a minor, then the parents or guardian of such minor shall be liable for the cost of the emergency response as defined in this chapter. Ordinance No. NS-2965 Page 2 of 4