Charter Township of Oakland, MI
Oakland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Board of the Charter Township of Oakland as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
False alarms — See Ch. 109.
Alcohol beverages — See Ch. 115.
Open burning — See Ch. 143.
Drug paraphernalia — See Ch. 177.
Fire prevention — See Ch. 203.
Offenses — See Ch. 285.
Vehicles and traffic — See Ch. 400.
[Adopted 4-27-2004 by Ord. No. 101 (Ch. 2, Art. V, Div. 4, of the 2007 Code of Ordinances)]
The Township finds that a significant number of traffic arrests and traffic accidents in the Township involve drivers who operate a motor vehicle while intoxicated or visibly impaired as such terms are defined in the Michigan Vehicle Code, Public Act No. 300 of 1949 (MCLA § 257.1 et seq.); or, that involve drivers under 21 who operate a motor vehicle with a blood alcohol level of 0.02 through 0.07, who are arrested and/or involved in accidents. In addition, the Township finds that when a traffic accident involves drivers who are operating a motor vehicle as stated above, there is a greater likelihood of personal injury and property damage. As a result of these determinations, a greater operational and financial burden is placed upon the Township's police, firefighting and rescue services. Additionally, the Township has determined that the protection and promotion of the public health, safety, and, welfare requires the adoption of this article to provide a means for the Township to recover costs and expenses of emergency response from persons who are arrested for and/or are convicted of violating personal and foreign protection orders; and, to provide a means for the Township to recover costs of extradition of persons from other states.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
A. 
The dispatch, provision or utilization of the police, firefighting and/or medical and rescue services by the Township to or at an accident involving a motor vehicle where one or more of the drivers was operating a motor vehicle while intoxicated or visibly impaired as such terms are defined in the Michigan Vehicle Code (MCLA § 257.1 et seq.); or is a person under 21 who was operating a motor vehicle with a blood alcohol level of 0.02 through 0.07.
B. 
The making of a traffic stop and arrest by a police officer when the driver was either operating a motor vehicle while intoxicated or visibly impaired as such terms are defined in the Michigan Vehicle Code (MCLA § 257.1 et seq.), or was a person under 21 operating a motor vehicle with a blood alcohol level of 0.02 through 0.07.
C. 
The dispatch, provision or utilization of the police, firefighting and/or medical and rescue services by the Township, resulting in the arrest, and/or 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, Public Act No. 236 of 1961 (MCLA §§ 600.2950, 600.2950a), or for the violation of a foreign protection order that satisfies the conditions of validity provided in Section 2950i of the Revised Judicature Act of 1961, Public Act No. 236 of 1961 (MCLA § 600.2950i).
EXPENSES AND COSTS OF EMERGENCY RESPONSE
The direct and reasonable costs incurred by the Township associated with the occurrence of an emergency response including, but not limited to the following:
A. 
The salaries or wages, including overtime pay of law enforcement personnel for time spent responding to the emergency, arresting and processing the person after an arrest for a crime causing the emergency, preparing reports on the emergency, investigating the emergency, and collecting and analyzing evidence, including, but not limited to, determining bodily alcohol level and determining the presence of and identifying controlled substances in the blood, breath, or urine.
B. 
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 emergency.
C. 
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 emergency.
D. 
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 creating the emergency.
E. 
The cost of extraditing a person from another state to this state, including, but not limited to, all of the following:
(1) 
Transportation costs.
(2) 
The salaries or wages of law enforcement and prosecution personnel, including overtime pay, for processing the extradition and returning the person to this state.
For the purpose of this article, a person is presumed to be operating while intoxicated or visibly impaired if he meets the standards of intoxicated or visibly impaired as they are defined in the Michigan Vehicle Code (MCLA § 257.1 et seq.); or, if that person is under 21 and operating a motor vehicle with a blood alcohol level of 0.02 through 0.07.
A. 
Any person who is arrested for the following violations shall be liable for the costs and expenses incurred by the Township for providing emergency response services:
(1) 
Operating a motor vehicle while intoxicated or visibly impaired pursuant to Section 625 of the Michigan Vehicle Code (MCLA § 257.625).
(2) 
Person under 21 operating a motor vehicle with a blood alcohol level of 0.02 through 0.07, pursuant to Section 625(6) of the Michigan Vehicle Code [MCLA § 257.625(6)].
(3) 
Violating the terms and conditions of a personal protection order issued under Section 2950 or 2950a of the Revised Judicature Act of 1961 (MCLA §§ 600.2950 and 600.2950a), or for the violation of a foreign protection order that satisfies the conditions of validity provided in Section 2950i of the Revised Judicature Act of 1961 (MCLA § 600.2950i).
B. 
The expense of an emergency response shall be a charge against the person liable for costs and expenses under this article. The cost and expense of an emergency response constitutes a debt of that person and is collectible by the Township for incurring those costs and expenses in the same manner as in the case of an obligation under a contract, express or implied, or as an assessment under the Charter of the Township.
C. 
Alternatively, as part of the sentence for a conviction of violations set forth in Subsection A of this section, in addition to any other penalty authorized by law, the court may order the person convicted to reimburse the Township for expenses incurred in relation to that incident, including but not limited to expenses for emergency response, and expenses for prosecuting the person as provided in this article.
The Township Board of Trustees shall by resolution adopt a schedule of the costs included within the expense of an emergency response. This schedule may be available to the public from either the Township Clerk or the sheriff's substation.
A. 
The Township Clerk or the designee thereof, within 15 days of an emergency response, shall prepare a list of itemized costs incurred for an emergency response, and submit a bill for the same by first-class mail or personal service to a person liable for the expenses as enumerated under this article. The bill shall require full payment within 30 days from the date of service.
B. 
Alternatively, the amount ordered to be paid pursuant to § 190-4B shall be paid to the clerk of the court, who shall transmit the appropriate amount to the Township to receive reimbursement. If not otherwise provided by the court under this section, the reimbursement ordered pursuant to § 190-4C shall be made immediately. However, the court may require that the person make the reimbursement ordered under this section within a specified period or in specified installments. Additionally, the court may be authorized by resolution of the Township Board to collect the subject debt for the Township and may charge a reasonable service fee for such collection in an amount mutually agreed upon by the court and the Township.
A. 
Any failure by the responsible person to pay the itemized costs within 30 days of service in accordance with § 190-4B shall be considered a default. In case of default, the Township may commence a civil suit to recover the unpaid costs and expenses of an emergency response allowed by law.
B. 
Alternatively, as part of the sentence for a conviction of the violations enumerated in § 190-4A, if the person convicted is placed on probation or paroled, any reimbursement ordered under § 190-4C shall be a condition of that probation or parole. The court may revoke probation and the parole board may revoke parole if the person fails to comply with the order and if the person has not made a good faith effort to comply with the order. In determining whether to revoke probation or parole, the court or parole board shall consider the person's employment status, earning ability, number of dependents, and financial resources, the willfulness of the person's failure to pay, and any other special circumstances that may have a bearing on the person's ability to pay. Notwithstanding any other provision of this section, a person shall not be imprisoned, jailed, or incarcerated for a violation of parole or probation, or otherwise, for failure to make a reimbursement as ordered under this section unless the court determines that the person has the resources to pay the ordered reimbursement and has not made a good faith effort to do so.
This article shall not be construed to conflict, contravene or enlarge any criminal liability or responsibility on the part of the responsible person. In the event that the responsible person is convicted and ordered by the court to pay the costs and expenses of the emergency response in accordance with § 190-4C, no additional payment to the Township pursuant to § 190-4B shall be made. This section does not allow the Township to be fully reimbursed more than once for any expense incurred by the Township.
[Adopted 7-28-2009 by Ord. No. 63-2009A (Ch. 8, Art. V, of the 2007 Code of Ordinances)]
The following words and terms shall, for purposes of this article, have the meanings set forth below:
COSTS OF THE EMERGENCY RESPONSE
The actual costs incurred by the Township, and by any other governmental or intergovernmental entity providing services at the request or direction of the Township's Fire Department, as the result of an emergency response, except as may be limited by a policy adopted by the governing body. Such costs shall include, without limitation, all labor costs (including wages, salaries, fringe benefits, and reimbursable expenses) of all personnel responding to the incident and all personnel engaged in the investigation, supervision and report preparation relating to the incident; all costs for materials, supplies, and equipment utilized or damaged in connection with an emergency incident and emergency response; all costs for the repair or replacement of publicly owned property (real and personal property), buildings, facilities and infrastructure (such as utilities, roads, sidewalks, safety paths and other infrastructure and public improvements) damaged or destroyed in connection with or as a direct or indirect result of an emergency incident and emergency response; investigation of an emergency incident and firefighting, emergency services, cleaning up, inspecting, testing, abating, mitigating, restoring and crowd control at the site of an emergency response; all costs for labor and services for which the Township had to contract in connection with or as a direct or indirect result of an emergency incident and emergency response; and any other expenses incurred by the Township, and by any other governmental or intergovernmental entity providing services at the request or direction of the Township's Fire Department, in connection with or as a direct or indirect result of an emergency incident and emergency response.
EMERGENCY INCIDENT
A fire, accident, utility emergency, hazardous material incident, arson, technical rescue, or other emergency situation.
EMERGENCY RESPONSE
The dispatch, provision, response and/or utilization of police, fire, emergency medical, rescue services and/or other emergency services by the Township, or by any other governmental or intergovernmental entity providing any such services at the request or direction of the Township's Fire Department, to an emergency incident or any call for assistance from any person, property owner, government agency, emergency service provider, or other entity.
HAZARDOUS MATERIALS INCIDENT
An incident involving any chemical, substance, compound, mixture, or other material defined as, designated as, listed as, or having the same characteristics as any substance, compound, mixture or material listed as hazardous under the Fire Code adopted under Chapter 203, Fire Prevention, Article I, Adoption of Standards, any other code adopted or enforced by the Township, or any federal or state law or regulation.
PERSON
Any individual, partnership, corporation, limited liability company, association, consortium, governmental entity, public utility company, or any other legal entity.
UTILITY EMERGENCY
Downed power lines, gas pipeline breaks, or other mishaps occurring in connection with the activities of public utilities or their suppliers which necessitates an emergency response or monitoring by the Township's police, firefighting and/or emergency medical/rescue services, or causes damage to public property.
A. 
The owner, lessor and operator of any property to which there is an emergency response shall be presumed liable for the cost of the emergency response.
B. 
Any person or vehicle owner/lessee who owns, leases and/or operates a motor vehicle, other transporter or equipment of any kind, the operation of which results in an emergency response, shall be presumed liable for the costs of the emergency response.
C. 
Any person owning, maintaining or operating a railroad shall be presumed liable for the cost of the emergency response in the event of an emergency incident involving the railroad.
D. 
Any person who is responsible for or whose actions are a cause of an emergency incident giving rise to a need for an emergency response shall be liable for the costs of the emergency response.
E. 
In the event of a utility emergency, the public utility whose activities or facilities (including but not limited to, electric lines, telephone lines, cable lines and pipelines) necessitated the emergency response shall be liable for the costs of the emergency response.
F. 
If more than one person is liable for the expense of an emergency response under the foregoing provisions, all such persons shall be jointly and severally liable for the cost of the emergency response.
G. 
In the event of an emergency incident that involves a hazardous materials incident, to the extent the Michigan Natural Resources and Environmental Protection Act (being MCLA § 323.101 et seq.) or any other law preempts the cost recovery provisions of this article, the liability for and recovery of costs of the emergency response shall be governed by the Michigan Natural Resources and Environmental Protection Act or such other law, and the Township may pursue collection of such costs of the emergency response in a civil action, pursuant to said laws.
A. 
The cost of an emergency response shall be a charge against the person or persons deemed liable for the expenses of an emergency response. Such charge constitutes a debt of that person or persons and is collectible by the Township in the same manner as in the case of an obligation under an express or implied contract. The Township may, within 30 days of receiving all or part of the itemized costs incurred by the Township and any other jurisdiction providing mutual aid to the Township for an emergency response, submit a bill for such costs by first-class mail or personal service to the person or persons liable for the expenses as enumerated under this article.
B. 
Any person receiving such a bill shall have the opportunity to appeal all or any portion of the amount shown on such statement by filing a written request for same with the Fire Chief within 30 days of receipt of an invoice from the Township. The request must be accompanied by a written explanation as to why the amount appealed should not be charged to the appellant. The Fire Chief or his designee shall hear such appeals. If the Fire Chief or his designee determines that the appellant is not properly liable for any of the entire amount charged, the Fire Chief, or his designee may waive such charge against the appellant. The findings and decisions of the Fire Chief shall be in writing and filed with the Township Clerk and Treasurer. If no written request for appeal is received within the specified time, the Township may proceed in accordance with applicable laws and ordinances to collect any monies remaining unpaid at the expiration of 30 days from billing.
C. 
Any failure by any person or entity to either pay the bill within 30 days of service, or file an appeal as set forth in Subsection B shall be considered to be a civil default, and the Township may commence a civil suit against such person or entity to recover the billed expenses of an emergency response, plus the Township's attorney fees, court costs, litigation expenses and all other costs allowed by law or equity. The recovery of costs of an emergency response under this article is a separate civil liability of any person liable for the emergency response, and is separate from and in addition to any criminal proceedings that may be brought against the person or persons.
D. 
In addition, the Township shall have any other remedy available to the Township by law or equity, including but not limited to requesting the Township Attorney to file a civil action for the recovery of costs as provided in this article or otherwise.