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Home My WebLink About11A - ORD DUI COST RECOVERYREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 21, 2019 TITLE: ORDINANCE SECOND READING: AMENDING SECTION 10-196 TO 10-199 TO CHAPTER 10, ARTICLE III OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE RECOVERY OF EMERGENCY RESPONSE COSTS FOR DRIVING UNDER THE INFLUENCE INCIDENTS (STRATEGIC PLAN NO. 5,1) CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION On May 7, 2019, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 6-0: ORDINANCE NO. NS -2965 - 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 In summary, the Ordinance (Exhibit 1) allows the City of Santa Ana to recover reasonable 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. Reasonable costs 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 incident. This ordinance would not apply to a simple DUI arrest that did not require an emergency response from the firefighting, rescue, and medical services described above. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement 11 A-1 Second Reading Ordinance: Amending SAMC Related to DUI Recovery Cost May 21, 2019 Page 2 initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. Norma Mitre Acting Clerk of the Council Exhibit: 1. Ordinance No. NS -2965 11 A-2 EXHIBIT 1 TB 5.21.2019 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 FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds,, determines and declares as follows: j A. It is the policy of the City to encourage careful and responsible conduct by persons operating motor vehicles within our city limits. f 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. y: 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. 11 A-3 TB 5.21.2019 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. 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 Codeshall 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. 11 A-4 TB 5.21.2019 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. (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 -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 11 A-5 TB 5.21.2019 APPROVED AS TO FORM: So Carvalho, ity Attorney 72 By: TiMdri Bogoslan 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 11 A-6