Chapter 9.15
EMERGENCY RESPONSECAUSED BY PERSONS UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGES OR DRUGS OR BY INTENTIONALLY WRONGFUL CONDUCT

Sections:

9.15.010    Definitions.

9.15.020    Liability for the expense of emergency response.

9.15.030    Collection of expense – Effect of insurance.

9.15.040    Limit of liability for expense.

9.15.050    Costs determined by resolution of the city council.

9.15.010 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

“Cost or expense of an emergency response” shall mean and include the reasonable 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 and administrative costs of collection. (Government Code Section 53156(a).)

“Intentionally wrongful conduct” shall mean conduct intended to injure another person or property. (Government Code Section 53156(c).)

“Under the influence” shall mean when, as a result of drinking an alcoholic beverage or using a drug, or both, a person’s physical or mental abilities are impaired to a degree that he or she no longer has the ability to operate a motor vehicle, boat or vessel, or aircraft with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances. For the purposes of this chapter, the presumptions described in Sections 23152 and 23155 of the Vehicle Code shall apply. (Government Code Section 53153.) [Ord. 92-3; Code 1990 § 6.12.01.]

9.15.020 Liability for the expense of emergency response.

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, boat or vessel, or civil aircraft, caused by that influence, proximately causes any incident resulting in an appropriate emergency response, and any person whose intentionally wrongful conduct proximately causes an incident resulting in an appropriate emergency response, shall be liable to the city of Calimesa for the cost of the emergency response incurred by the city. (Government Code Sections 53150, 53151 and 53152.) [Ord. 92-3; Code 1990 § 6.12.02.]

9.15.030 Collection of expense – Effect of insurance.

A. The expense of the emergency response shall be a charge against the person liable for the emergency response under this chapter. The charge constitutes a debt of that person and is collectible by the city in the same manner as in the case of an obligation under a contract, express or implied.

B. Liability for the expenses provided for in this chapter shall not be insurable and no insurance policy shall provide or pay for the expense. (Government Code Section 53155.) [Ord. 92-3; Code 1990 § 6.12.03.]

9.15.040 Limit of liability for expense.

In no event shall a person’s liability under this chapter for the expense of an emergency response exceed $1,000 for a particular incident. (Government Code Section 53155.) [Ord. 92-3; Code 1990 § 6.12.04.]

9.15.050 Costs determined by resolution of the city council.

The reasonable 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 and the administrative costs of collecting the liabilities provided for in this chapter shall be reviewed annually and determined by resolution of the city council. [Ord. 92-3; Code 1990 § 6.12.05.]