Chapter 9.25 EMERGENCY RESPONSE COST RECOVERY

Chapter 9.25
EMERGENCY RESPONSE COST RECOVERY

Sections:

9.25.010 Purpose and effect.

9.25.020 Definitions.

9.25.030 Cost recovery fee.

9.25.040 Deposits and disbursements.

9.25.010 Purpose and effect.

The provisions of this chapter shall be deemed an exercise of the power of the city of Stanwood to recover the expense of alcohol-related and/or drug-related emergency response pursuant to the laws of the state of Washington. (Ord. 1113 § 1, 2001).

9.25.020 Definitions.

For the purposes of this chapter, the following definitions apply:

(1) “Emergency” means an incident that requires a normal police, medical examiner, fire, fire marshal, rescue, emergency medical services, public works or utility response as a result of a violation of any of the statutes enumerated in RCW 38.52.430, or any of the following statutes: RCW 46.61.503, 46.61.504 or 46.61.524, as each is currently adopted or hereafter amended.

(2) “Response” means the city’s use of police, medical examiner, fire, fire marshal, rescue, emergency medical or utility services during, or in response to, an emergency. (Ord. 1113 § 1, 2001).

9.25.030 Cost recovery fee.

Each person whose use of intoxicants contributes to an incident resulting in an emergency response, and who, in connection with the incident, is found guilty of or has prosecution deferred for (1) Driving under the influence, RCW 46.61.502, (2) Driver under 21 consuming alcohol, RCW 46.61.503, (3) Physical control of a vehicle under the influence, RCW 46.61.504, (4) Negligent driving in the first degree, RCW 46.61.524, (5) Operating an aircraft under the influence of intoxicants or drugs, RCW 47.68.220, (6) Use of a vessel while under the influence of alcohol or drugs, RCW 79A.60.040, (7) Vehicular homicide, RCW 46.61.520(1)(a), or (8) Vehicular assault, RCW 46.61.522(1)(b), shall pay the city of Stanwood an emergency response fee in an amount as established by city ordinance. The expense of an emergency response is a charge against a person liable for expenses under this section. The emergency response fee shall be due upon the entry of an order or judgment of guilt or deferring prosecution for any offense listed in this section. If the fee is not paid when due it may be collected by the city of Stanwood in the same manner as in the case of an obligation under a contract, expressed or implied.

In no case shall a person’s liability under this chapter exceed $1,000 for a particular incident. (Ord. 1113 § 1, 2001).

9.25.040 Deposits and disbursements.

All emergency response fees paid to or recovered by the city shall be deposited into the city’s general fund. (Ord. 1113 § 1, 2001).

9.25.050 Fees.

Fees under this chapter are contained in SMC 3.30.140 and are established or amended by city ordinance. (Ord. 1113 § 1, 2001).