Chapter 3.70EMERGENCY RESPONSE COSTS

Sections:

3.70.010
Definitions.
3.70.020
Emergency Response Caused by Person's Intoxication - Recovery of Costs from Convicted Person.
3.70.030
Collection - Use.
3.70.010Definitions.

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 LMC 3.70.020.

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 normal police, coroner, firefighting, rescue, emergency medical services, or utility response at the scene of the incident, as well as the portion of personnel salaries related to responding to the incident.

D. “Public agency” 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 firefighting, police, ambulance, medical, or other emergency services. (Ord. 449 § 1 (part), 2007.)

3.70.020Emergency 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) operating an aircraft under the influence of intoxicants or drugs, RCW 47.68.220; (3) use of a vessel while under the influence of alcohol or drugs, RCW 88.12.025; (4) vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a); or (5) 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.

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 $1,000.00 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. 573 § 1, 2013; Ord. 449 § 1 (part), 2007.)

3.70.030Collection - Use.

A. The public agency may submit a notice of liability for the expense of an emergency response. The notice shall set forth the name of the responsible person, the date of the emergency response, the date of conviction or deferred prosecution, and the amount owing to the city. The total emergency response cost may be ordered by the court as restitution. Where the total emergency response cost has not been ordered by the court, the public agency may collect the expense of the emergency response in the same manner as a contract by sending notice to the person responsible via certified mail with a return receipt. Notice, sent to the last known address, shall be deemed delivered three days after mailing. Any fees not collected within 60 days of the court order or within 60 days of the date of issuance of the notice of liability will be referred to a collection agency. The cost of collection shall be added to the bill.

The amounts collected will be primarily devoted to enhancing DUI enforcement emphases. The City Manager or his designee may expend up to 15% of collections per year for other traffic safety requirements. The City Manager may by exception request approval from Council to expend an additional 15% of collections per year for any unanticipated public safety issues. Costs and effectiveness of the program will be presented to the Council by staff within year end reports. (Ord. 449 § 1 (part), 2007.)