HomeMy WebLinkAboutNS-2965 - Amending Sections 10-196 to 10-199 to Chapter 10, Article III of Santa Ana Municipal Code...TB 5.21.2019
ORDINANCE NO. NS-2965
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING SECTIONS 10-196 TO 10-199 TO
CHAPTER 10, ARTICLE III OF THE SANTA ANA
MUNICIPAL CODE AND RE-CLASSIFYING ARTICLE III TO
INCLUDE A SECTION FOR THE RECOVERY OF
EMERGENCY RESPONSE COSTS FOR DRIVING UNDER
THE INFLUENCE INCIDENTS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. It is the policy of the City to encourage careful and responsible conduct by
persons operating motor vehicles within our city limits.
B. It is also the policy of the City to discourage the operation of motor vehicles
while under the influence of alcohol and/or drugs.
C. The City has further determined that people who negligently operate motor
vehicles while under the influence of alcohol and/or drugs impose a burden
upon City services above and beyond the regular services normally required
for traffic law enforcement.
D. The City has further determined that persons who negligently operate motor
vehicles while under the influence of alcohol and/or drugs should bear a share
of the extraordinary burden on the public risk they create.
E. In furtherance of these policies and in light of these findings, the City has
implemented a program for the recovery of emergency response costs for
driving under the influence incidents. The program is expressly authorized by
California Government Code Sections 53150 through 53158. Those statutory
sections set forth some of the procedures for the recovery of emergency
response costs. The sections, however, leave open for interpretation certain
procedures and definitions. It is the intent of the City in adopting this ordinance
to supplement the statutory provisions found in the Government Code and to
specify precise definitions and procedures for the implementation of the City's
emergency response cost recovery program as it applies to driving under the
influence incidents.
Section 2. Sections 10-196 through 10-199 are hereby amended to add the
following to the Santa Ana Municipal Code to read as follows:
Ordinance No. NS-2965
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ARTICLE III. EMERGENCY RESPONSE COST RECOVERY
Section 10-196 - DUI Cost Recovery Program
(a) Definitions and procedures for implementation of costs recovery program
(1) For purposes of this chapter, a person is under the influence of an alcoholic
beverage or any drug, or combined influence of an alcoholic beverage and any
drug, when as a result of drinking an alcoholic beverage or using a drug, or both,
his or her physical or mental abilities are impaired to a degree that he or she no
longer has the ability to operate a motor vehicle with the caution and characteristic
of a sober person of ordinary prudence under the same or similar circumstances.
For the purposes of this chapter, the presumptions described in provisions of
Section 23152 of the California Vehicle Code shall apply.
(2) For purposes of this chapter, an "emergency response" is one for which police
personnel and equipment respond to an "incident" beyond the police response
required for a mere traffic stop leading to an arrest.
(3) For purposes of this chapter, an "incident' is an event involving 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 due to the influence proximately causes an event requiring an
emergency response as defined in Section 10-196(a)(2). Although a collision is
not necessary to create an "incident', an ordinary arrest for driving under the
influence is insufficient.
Section 10-197 - Emergency Cost Recovery
Calculation of the amount due for an "emergency response" shall include all actual costs
incurred by the City in responding to the incident, including salary, benefits and overhead
as established by resolution of the City Council, for each member of police responding to
the incident, the cost of equipment on scene, and the cost of repairing and replacing
equipment damaged at the scene. This also includes the cost of obtaining medical
assistance, removing vehicles, investigating the cause of the accident, conducting field
sobriety tests, arrest and booking of suspect, performing chemical tests, writing
customary reports and follow up investigation needed to complete reports.
Section 10-198 - Collection of Charges
(a) The Chief of Police or his/her designee shall calculate the charges payable under
this section and shall forward the information that is required to invoice the person
responsible for the incident to the Finance and Management Services Agency.
(b) If the person responsible for the incident is a minor, then the parents or guardian
of such minor shall be liable for the cost of the emergency response as defined in
this chapter.
Ordinance No. NS-2965
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(c) If the invoice remains unpaid within thirty (30) days after it is mailed, and no
arrangements have been made for payments, at its discretion, the City may pursue
any and all legal and equitable remedies to collect the unpaid invoice pursuant to
this chapter, including the commencement of a collections action. Pursuit of one
remedy does not preclude the pursuit of another remedy.
Section 10-199 —Appeal
Any person who wishes to file an appeal of an invoice issued pursuant to this chapter,
may do so pursuant to Chapter 1 (Section 21.8) within fifteen (15) days from the issuance
of the invoice.
Section 3. Severability
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any
reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
chapter. The City Council declares that it would have adopted each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases or portions be declared invalid or
unconstitutional.
Section 4. Enforcement of other laws: Changes in State law
Nothing in this chapter prevents the City from enforcing other laws pertaining to the
recovery of emergency response costs, including recovery pursuant to Government Code
Sections 53150 through 53158, or pursuant to any subsequently enacted laws or
amendments to existing laws.
ADOPTED this 21st day of May, 2019.
APPROVED AS TO FORM:
Sonia a alho, City A rney
By: A A��
Tamara Bogosian
Assistant City Attorney
Ordinance No. NS-2965
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AYES: Councilmembers: Iglesias, Penaloza, Sarmiento, Solorio, Villegas (5)
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers: None (0)
ABSENT: Councilmembers: Pulido (1)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Norma Mitre, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS-2965 to be the original ordinance adopted by the City Council of the
City of Santa Ana on May 21, 2019, and that said ordinance was published in accordance
with the Charter of the City of Santa Ana.
0. '
i
Ordinance No. NS-2965
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Norma Mitre
Acting Clerk of the Council
City of Santa Ana