[Ord. No. 501,
passed 12-27-1994]
The City finds that a significant number of traffic arrests
and traffic accidents in the City involve drivers who are operating
a motor vehicle while under the influence of alcoholic beverages and/or
controlled substances. In addition, the City finds that in traffic
accidents involving such drivers there is a greater likelihood of
personal injury and property damage. As a result, a greater operational
and/or financial burden is placed upon the Police Department, the
Department of Municipal Services, the Board of Public Utilities, fire-fighting
and rescue services, or other City services, by those persons who
are operating motor vehicles while under the influence of alcoholic
beverages and/or controlled substances.
[Ord. No. 501,
passed 12-27-1994]
As used in this chapter:
(a)Â
EMERGENCY RESPONSE — Means:
(1)Â
Providing, sending and/or utilizing public service, police,
fire-fighting and rescue services by the City to an accident involving
a motor vehicle where one or more of the drivers were operating a
motor vehicle while under the influence of an alcoholic beverage or
a controlled substance or the combined influence of an alcoholic beverage
and a controlled substance; or
(2)Â
The making of a traffic stop or arrest by a police officer when
the driver was operating a motor vehicle while under the influence
of an alcoholic beverage or a controlled substance or the combined
influence of an alcoholic beverage and a controlled substances.
(b)Â
EXPENSE OF EMERGENCY RESPONSE — Means the cost associated with
the occurrence of an emergency response as set forth in paragraph
(a)(1) or (a)(2) hereof, whichever is applicable. The expenses of
making an emergency response, as set forth in paragraph (a)(2) hereof,
shall include the cost connected with the administration, provision
and analysis of chemical tests and the videotaping of the driver,
if applicable. These costs shall be set by Council resolution.
[Ord. No. 501,
passed 12-27-1994]
(a)Â
Any person who, while under the influence of an alcoholic beverage
or a controlled substance or the combined influence of an alcoholic
beverage and a controlled substance, operates a motor vehicle, which
operation results in an emergency response, shall be responsible and/or
liable for the expenses of the emergency response.
(b)Â
For the purposes of this chapter, it shall be presumed that a person
was operating a motor vehicle under the influence of an alcoholic
beverage if a chemical analysis of the driver's blood, urine
or breath indicates that the amount of alcohol in the driver's
blood, urine or breath was in excess of 0.07%; except in the case
of an individual under the age of 21, in which case it will be presumed
that the individual (under the age of 21) was operating a motor vehicle
under the influence of an alcoholic beverage if the chemical analysis
of the driver's blood, urine or breath indicates that the amount
of alcohol in the driver's blood, urine or breath was in excess
of 0.02%.
[Ord. No. 501,
passed 12-27-1994]
This chapter shall be construed to be a responsibility and liability
of a civil nature on the part of the driver and shall not be construed
to conflict, contravene, enlarge or reduce any criminal liability
or responsibility, including fines imposed by a Judge under the Uniform
Traffic Code on a driver for operating a motor vehicle while under
the influence of an alcoholic beverage and/or a controlled substance.
