[HISTORY: Adopted by the Village Council of the Village of
Spring Lake as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-3-2005 by Ord. No. 285 (Ch. 74, Art. VI, of the
2000 Code of Ordinances)]
The Village Council has determined that it is in the best interests
of the citizens of the Village to provide for the recovery of costs
associated with an emergency response and the expenses for prosecution
of certain offenses by or on behalf of the Village, as permitted by
Act 372 of the Public Acts of 2000, as amended, MCLA § 769.1f
et seq.
A.
Following conviction of any of the following offenses, the person
convicted shall reimburse the Village for the expenses of prosecuting
that person, as provided in this section:
(1)
A violation or attempted violation of Section 601d, 625(1), (3),
(4), (5), (6) or (7), Section 625m or Section 626(3) or (4) of the
Michigan Vehicle Code, 1949 PA 300, MCLA §§ 257.601d,
257.625, 257.625m, and 257.626, or of a local ordinance substantially
corresponding to Section 601d(1), 625(1), (3) or (6) or Section 625m
or 626 of the Michigan Vehicle Code, 1949 PA 300, MCLA §§ 257.601d,
257.625, 257.625m and 257.626.[1]
(2)
Felonious driving, negligent homicide, manslaughter, or murder, or
attempted felonious driving, negligent homicide, manslaughter, or
murder, resulting from the operation of a motor vehicle, snowmobile,
ORV, aircraft, vessel, or locomotive engine while the person was impaired
by or under the influence of intoxicating liquor or a controlled substance,
as defined in Section 7104 of the Public Health Code, 1978 PA 368,
MCLA § 333.7104, or a combination of intoxicating liquor
and a controlled substance, or had an unlawful blood alcohol content.
(3)
A violation or attempted violation of Section 82127 of the Natural
Resources and Environmental Protection Act, 1994 PA 451, MCLA § 324.82127.
(5)
A violation or attempted violation of Section 185 of the Aeronautics
Code of the State of Michigan, 1945 PA 327, MCLA § 259.185.
(6)
A violation or attempted violation of Section 80176(1), (3), (4),
or (5) of the Natural Resources and Environmental Protection Act,
1994 PA 451, MCLA § 324.80176, or a local ordinance substantially
corresponding to Section 80176(1) or (3) of the Natural Resources
and Environmental Protection Act, 1994 PA 451, MCLA § 324.80176.
(8)
A violation or attempted violation of Chapter XXXIII or Section 327,
327a, 328, or 411a(2) of the Michigan Penal Code, 1931 PA 328, MCLA
§§ 750.200 to 750.212a, 750.327, 750.327a, 750.328,
and 750.411a.
(9)
A finding of guilt for criminal contempt for a violation of a personal
protection order issued under Section 2950 or 2950a of the Revised
Judicature Act of 1961, 1961 PA 236, MCLA §§ 600.2950
and 600.2950a, or for a violation of a foreign protection order that
satisfies the conditions for validity provided in Section 2950i of
the Revised Judicature Act of 1961, 1961 PA 236, MCLA § 600.2950i.
B.
The expenses for which reimbursement may be obtained under this article
include all of the following:
(1)
The salaries or wages, including overtime pay, of law enforcement
personnel for time spent responding to the incident from which the
conviction arose, arresting the person convicted, processing the person
after the arrest, preparing reports on the incident, investigating
the incident, and collecting and analyzing evidence, including, but
not limited to, determining bodily alcohol content and determining
the presence of and identifying controlled substances in the blood,
breath, or urine.
(2)
The salaries, wages, or other compensation, including overtime pay,
of Fire Department and emergency medical service personnel, including
volunteer firefighters or volunteer emergency medical service personnel,
for time spent in responding to and providing firefighting, rescue,
and emergency medical services in relation to the incident from which
the conviction arose.
(3)
The cost of medical supplies lost or expended by Fire Department
and emergency medical service personnel, including volunteer firefighters
or volunteer emergency medical service personnel, in providing services
in relation to the incident from which the conviction arose.
(4)
The salaries, wages, or other compensation, including, but not limited
to, overtime pay of prosecution personnel for time spent investigating
and prosecuting the crime or crimes resulting in conviction.
(5)
The cost of extraditing a person from another state to this state,
including, but not limited to, all of the following:
(6)
An order for reimbursement under this section may be enforced by
the prosecuting attorney or the state or local unit of government
named in the order to receive the reimbursement in the same manner
as a judgment in a civil action.
Nothing contained herein shall prohibit or restrict the Ottawa County Circuit Court, the Ottawa County District Court, or the Ottawa County Juvenile Court from imposing the costs of prosecution as part of a sentence following conviction of any of the offenses listed in § 152-2A, as authorized by MCLA § 769.1f(1); provided, however, that neither the Village nor the county shall be fully reimbursed more than once for the expenses incurred in the prosecution of an offense.
The costs of prosecution for the offenses listed in § 152-2A shall be determined and recovered in the following manner.
A.
Charge against person. The expenses incurred by the Village as a result of a prosecution for an offense set forth in § 152-2A shall be charged to the person liable for the expenses under the terms of this article. The charge constitutes a debt of that person and is collectible by the Village in the same manner as in the case of an obligation under a contract, expressed or implied.
B.
Cost recovery schedule. The Village Council may, by resolution, adopt a schedule of costs specifying the expenses associated with a prosecution of an offense set forth in § 152-2A, or may recover actual costs. Any schedule adopted pursuant to this section shall be available to the public from the Village Clerk/Treasurer or his/her designee. The schedule adopted by the Village Council may be a flat fee based on a study of the average of costs sustained in making a prosecution for the listed offense.
C.
Billing. The Village Clerk/Treasurer, or his/her designee, may, within
10 days of receiving itemized costs, or any part thereof, incurred
for a prosecution and conviction, submit a bill for the costs by first-class
mail or personal service to the person liable for the expenses as
enumerated under this article. The bill(s) shall require full payment
in 30 days from the date of mailing or personal service.
D.
Failure to pay; procedure to recover costs. Any failure by the person described in this article as liable for the expense of a prosecution for an offense listed in § 152-2A, to pay the bill within 30 days of service shall be considered a default. In case of default, the Village may commence a civil suit to recover the expenses and any costs allowed by law, or may contract with a collection agency to recover said expenses and costs in the name of the Village.
Nothing in this article shall be construed to conflict, contravene,
enlarge or reduce any criminal liability or responsibility, including
fines imposed by a court for any criminal offense under Michigan law.
If recovery of the costs of prosecution are required as part of a
criminal sentence, the Village Clerk/Treasurer shall work with the
relevant court to coordinate recovery of the cost of prosecution.
