Chapter 3.36
EMERGENCY SERVICE COST RECOVERY
Sections:
3.36.040 Collection of emergency response costs.
3.36.050 Determination of actual costs.
3.36.060 Distribution of restitution – Multiple department requests.
3.36.070 Interlocal agreements.
3.36.010 Authority.
The Washington State Legislature has enacted RCW 38.52.430 providing, in part, that a person whose intoxication causes an appropriate emergency response, and who, in connection with the incident, has been found guilty of or has had their prosecution deferred for (A) driving while under the influence of intoxicating liquor or any drug, RCW 46.61.502; (B) operating an aircraft under the influence of intoxicants or drugs, RCW 47.68.220; (C) use of a vessel while under the influence of alcohol or drugs, RCW 79A.60.040; (D) vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(a); or (E) vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), is liable for the expense of an emergency response by a public agency to the incident. (Ord. 980 § 1, 2002)
3.36.020 Purpose.
The city council has determined that the city incurs significant expense when an emergency response is required by a public agency or department of the city. As the Washington State Legislature has enacted RCW 38.52.430 to allow public agencies to recover the reasonable costs of an emergency response, the city council has determined that reasonable cost should be recovered from persons convicted of the defined alcohol related incidents. (Ord. 980 § 2, 2002)
3.36.030 Definitions.
As used in this chapter, the following words shall be defined as follows:
“Emergency” as used in this chapter shall have the same meaning as applied in RCW 38.52.010(6)(b) and means an incident that requires a normal police, coroner, fire, rescue, emergency medical services, or utility response as a result of a violation of one of the statues enumerated in ZMC 3.36.010 and in RCW 38.52.430.
“Emergency response” as used in this chapter shall have the same meaning as applied in RCW 38.52.010(12) and means a public agency’s use of emergency services during an emergency or disaster as defined in this section.
“Expense of an emergency response” as used in this chapter shall have the same meaning as applied in RCW 38.52.010(13) and means 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 from the response to the particular incident. Reasonable costs shall include the costs of providing police, coroner, fire fighting, rescue, emergency medical services, or utility response at the scene of the incident, as well as the salaries of the personnel responding to the incident.
“Public agency” as used in this chapter shall have the same meaning as applied in RCW 38.52.010(14) and means the state, and a city, county, municipal corporation, district, town, or public authority located, in whole or in part, within this state which provides or may provide fire fighting, police, ambulance, medical, or other emergency services. (Ord. 980 § 3, 2002)
3.36.040 Collection of emergency response costs.
The city council authorizes the collection of all reasonable costs from persons convicted of any of the above listed offenses. RCW 38.52.430 provides that the expense of an emergency response is a charge against the person liable for expenses under this chapter. The charge constitutes a debt of that person and is collectible by the public agency or department incurring those costs in the same manner as in the case of an obligation under a contract, expressed or implied.
A. The city council authorizes the Zillah municipal court to impose such amount, as restitution, against any person who has been found guilty of or who has had their prosecution deferred for the above listed offenses that occur within the city limits.
B. The city council authorizes and requests that the courts of Yakima County impose such amount, as restitution, against any person who has been found guilty of or who has had their prosecution deferred for the above listed offenses which requires an emergency response by any public agency or department of the city.
C. The city council authorizes each director or chief of a department, generally defined as the police department, fire department and public works department, of the city to request restitution from the court which handles the prosecution, conviction or deferral of the above listed crimes. In the event that restitution is not ordered by the court, the director or chief is authorized collect the debt from the individual by utilizing an authorized collection agency or the city attorney by means of civil action.
D. In no event shall a person’s liability under this section for the expense of an emergency response exceed $1,000 for a particular incident.
E. The restitution collected shall not replace or alter any fines, fees or other costs already authorized by law and collected by the court or public agency. The liability provided for in this chapter is solely for the restitution of the emergency response costs and does not include any other form of restitution that an individual may incur based upon property damage or other forms of damage caused by his or her actions. (Ord. 980 § 4, 2002)
3.36.050 Determination of actual costs.
The city council directs each city department to evaluate and determine that costs of an emergency response by their department as allowed by law. Each department shall prepare a written evaluation of the costs, explaining how the costs were determined and make this written evaluation available to any citizen or other member of the public who makes a written request to obtain a copy, as provided by law. (Ord. 980 § 5, 2002)
3.36.060 Distribution of restitution – Multiple department requests.
If more than one department of the city requests restitution under this chapter, each department shall share equally in the restitution, up to the amount claimed by each department. If one public agency requests less than the maximum amount of their equal share, the other department providing an emergency response may increase their request, up to the maximum liability for each specific event, for a total request of $1,000; provided, that the request is for actual costs consistent with city policy.
A. Restitution funds requested and collected by the fire department shall be deposited in the emergency medical fund.
B. Restitution funds requested and collected by the police department shall be deposited in the crime prevention fund.
C. Restitution funds requested and collected by any other public agency of the city shall be deposited into the general fund of the city. (Ord. 980 § 6, 2002)
3.36.070 Interlocal agreements.
The director or chief of each agency within the city of Zillah is authorized to negotiate and enter into an interlocal agreement, consistent with the requirements of Chapter 39.34 RCW and review and approval by the city attorney, with other public agencies located outside of the city for the specific purpose of determining the distribution of funds authorized in this chapter and the RCW. (Ord. 980 § 7, 2002)