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Home My WebLink About50A - ORD DUI RECOVER COSTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 7, 2019 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED ORDINANCE AMENDING SECTIONS ❑ As Recommended 10-196 TO 10-199 TO CHAPTER 10, As El [1 ❑ Ordinance on 1$1 Reading ARTICLE III OF THE SANTA ANA ❑ Ordinance on 2nd Reading MUNICIPAL CODE TO RECOVER DUI ❑ Implementing Resolution EMERGENCY RESPONSE COSTS ❑ Set Public Hearing For (STRATEGIC PLAN GOAL 1, 5). CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt an ordinance amending sections 10-196 to 10-199 to Chapter 10, Article III of the Santa Ana Municipal Code, allowing the City of Santa Ana to recover their costs when providing an appropriate emergency response to an incident proximately caused by a persons' negligent operation of an automobile while under the influence of an alcoholic beverage or drug, pursuant to Government Code Section 53150. DISCUSSION The Santa Ana Police Department responds to several calls for service involving individuals that have been involved in a collision that resulted from driving while under the influence of either a drug and/or alcohol. As a result, the Santa Ana Police department has utilized their personnel to respond and handle these calls for service, which take up an enormous amount of time. California Government Code Sections 53150 through 53159 establish the framework allowing public agencies to recover emergency response expenses from persons who intentionally or negligently cause incidents requiring an emergency response. Per Section 53150 of the Government Code, 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. 53156(a) defines "expense of an emergency response" as "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 scene of the incident, as well as the salaries of the personnel responding to the 50A-1 Driving Under the Influence Recovery Cost Ordinance May 7, 2019 Page 2 incident." This ordinance would not, apply to a simple DUI arrest that did not require an emergency response from the firefighting, resce, and medical services described above. Effective January 1, 2005, the liability limit is set at�$12,=000'per=incident. In addition, the City's Risk Management Division already bills for damages to other City property such as light poles and traffic signals. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 - Community Safety; Objective #5 (provide high quality Police and Fire/Emergency Medical Services response within the City of Santa Ana). FISCAL IMPACT The Police Department estimates that it will receive $55,000 annually in account 01114002 53415 as a result of this reimbursement. David Va ie of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn DoWns, CPA Executive Director wa(suA) Finance and Management Services Agency Exhibit. 1. Ordinance Amending sections 10-196 to 10-199 to Chapter 10, Article III of the Santa Ana Municipal Code 50A-2 Exhibit 1 TB 5.7.2019 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 10-196 TO 10-199 TO CHAPTER 10, ARTICLE III OF THE SANTA ANA MUNICIPAL CODE AND RE-CLASSIFYING ARTICLE III TO INCLUDE A SECTION FOR THE RECOVERY OF EMERGENCY RESPONSE COSTS FOR DRIVING UNDER THE INFLUENCE INCIDENTS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOW: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. It is the policy of the City to encourage careful and responsible conduct by persons operating motor vehicles within our city limits. B. It is also the policy of the City to discourage the operation of motor vehicles while under the influence of alcohol and/or drugs. C. The City has further determined that people who negligently operate motor vehicles while under the influence of alcohol and/or drugs impose a burden upon City services above and beyond the regular services normally required for traffic law enforcement. D. The City has further determined that persons who negligently operate motor vehicles while under the influence of alcohol and/or drugs should bear a share of the extraordinary burden on the public risk they create. E. In furtherance of these policies and in light of these findings, the City has implemented a program for the recovery of emergency response costs for driving under the influence incidents. The program is expressly authorized by California Government Code Sections 53150 through 53158. Those statutory sections set forth some of the procedures for the recovery of emergency response costs. The sections, however, leave open for interpretation certain procedures and definitions. It is the intent of the City in adopting this ordinance to supplement the statutory provisions found in the Government Code and to specify precise definitions and procedures for the implementation of the City's emergency response cost recovery program as it applies to driving under the influence incidents. TB 51.2019 Section 2. Sections 10-196 through 10-199 are hereby amended to add the following to the Santa Ana Municipal Code to read as follows: ARTICLE III. RESERVED EMERGENCY RESPONSE COST RECOVERY Section 10-196 - RSF=RV€D 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 - R&S€RVEF 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. TB 5.7.2019 Section 10-198 - QE. R'=o 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. (c) If the invoice remains unpaid within thirty (30) days after it is mailed, and no arrangements have been made for payments, at its discretion, the City may pursue any and all legal and equitable remedies to collect the unpaid invoice pursuant to this chapter, including the commencement of a collections action. Pursuit of one remedy does not preclude the pursuit of another remedy. Section 10-199 - RE-SEFVE-D Appeal Any person who wishes to file an appeal of an invoice.issued pursuant to this chapter, may do so pursuant to Chapter 1 (Section 21.8) within fifteen (15) days from the issuance of the invoice. Section 3. Severability If any,section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have adopted each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. Section 4. Enforcement of other laws: Changes in State law Nothing in this chapter prevents the City from enforcing other laws pertaining to the recovery of emergency response costs, including recovery pursuant to Government Code Sections 53150 through 53158, or pursuant to any subsequently enacted laws or amendments to existing laws. ADOPTED this _ day of May, 2019. Miguel A. Pulido Mayor TB 5.7.2019 APPROVED AS TO FORM: S isnA& Carvalh City Attomey By: Tamara Bogosian Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: ABSENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana y 1 M