Chapter 3.82
RECOVERY OF EMERGENCY RESPONSE COSTS
Sections:
3.82.030 Administration – Collection.
3.82.010 Definitions.
As used in this chapter:
A. “Emergency” 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 statutes enumerated in FMC 3.82.020.
B. “Emergency response” means a public agency’s use of emergency services during any emergency or disaster as defined in subsection A of this section.
C. “Expense of an emergency response” 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, firefighting, 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.
D. “Public agency” means the state, and a city, county, municipal corporation, district, town, or public authority located, in the whole or in part, within this state which provides or may provide firefighting, police, ambulance, medical, or other emergency services. (Ord. 1395 § 2, 2000).
3.82.020 Emergency response caused by person’s intoxication – Recovery of costs from convicted person.
A. A person whose intoxication causes an incident resulting in an appropriate emergency response, and who, in connection with the incident, has been found guilty of or has had their prosecution deferred for (1) driving while under the influence of intoxicating liquor or any drug, RCW 46.61.502; (2) being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, RCW 46.61.504; (3) driving or being in actual physical control of a motor vehicle after consuming liquor and being under 21, RCW 46.61.504; (4) negligent driving in the first degree, RCW 46.61.5249; (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 while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a); or (8) vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(l)(b), is liable for the expense of an emergency response by a public agency to the incident.
B. The expense of an emergency response is a charge against the person liable for expenses under this section. The charge constitutes a debt of that person and is collectible by the public agency incurring those costs in the same manner as in the case of an obligation under a contract, expressed or implied.
C. In no event shall a person’s liability under this section for the expense of an emergency response exceed $1,000 per incident. If more than one public agency makes a claim for payment from an individual for an emergency response to a single incident under the provisions of this section, and the sum of the claims exceeds the amount recovered, the division of the amount recovered shall be determined by an interlocal agreement consistent with the requirements of Chapter 39.34 RCW. (Ord. 1808 § 5, 2012; Ord. 1395 § 3, 2000).
3.82.030 Administration – Collection.
A. The city manager or his/her designee, or the municipal court, shall issue to the person responsible for the emergency response, as set forth in FMC 3.82.020, a notice of liability for the expense of emergency response. The notice shall be issued as follows:
1. If issued by the city manager, the notice shall set forth the name of the responsible person, the date of the emergency response, the date of the conviction or deferred prosecution, and the amount owing to the city. The notice shall be sent certified mail with a return receipt and shall be deemed delivered three days after mailing.
2. If issued by the municipal court, the notice shall be provided to the responsible person in court and shall be contained in written form within a judgment and sentence, a court order, or in an order on deferred prosecution.
B. Collection of emergency response costs shall be as follows:
1. If the notice of liability is issued by the city manager as set forth above, any fees not collected within 60 days of the date of issuance of the notice of liability for the expense of emergency response shall be referred to a collection agency. The cost of collection shall be added to the bill. The amounts collected, after payment of the collection agency fee, shall be deposited into the general fund.
2. If the notice of liability is issued by the municipal court, any fees not collected as required by the court’s written notice shall be processed and collected in the same manner utilized for the collection of delinquent court accounts and in accordance with applicable state laws. (Ord. 1641-07 § 1, 2007; Ord. 1395 § 4, 2000).