[Amended 8-18-1997 by Ord. No. 97-09]
The City finds that a significant number of traffic arrests
and traffic accidents in the City involve drivers who were 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 drivers who were operating a motor vehicle while
under the influence of alcoholic beverages and/or controlled substances
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 City's police, fire-fighting and rescue
services by persons who are operating a motor vehicle while under
the influence of alcoholic beverages and/or controlled substances.
[Amended 8-18-1997 by Ord. No. 97-09]
The following words and phrases, when used in this article,
shall have the meanings respectively ascribed to them:
Whenever the term "alcoholic liquor" is used in this article,
it shall have the same meaning given to it under Public Act No. 8
of 1933 for the State of Michigan, as amended, MCL 436.1 et seq.,
as amended.
Whenever the term "controlled substance" is used in this
article, it shall have the same meaning given to it under Article
7 of the Michigan Public Health Code, MCL 333.1101 et seq., as amended.
Whenever the term "emergency response" is used in this article,
it shall mean:
The providing, sending and/or utilizing of public service, police,
firefighting, and/or rescue services by the City for an accident involving
a motor vehicle where one or more of the drivers were operating the
motor vehicle while under the influence of an alcoholic liquor or
any controlled substance or the combined influence of an alcoholic
liquor and any controlled substance; or
The making of a traffic stop and arrest by a police officer
when the driver was operating a motor vehicle while under the influence
of an alcoholic liquor or any controlled substance.
[Amended 8-18-1997 by Ord. No. 97-09; 5-19-2000 by Ord. No. 2000-03]
Any person who, while under the influence of an alcoholic liquor or any controlled substance or the combined influence of an alcoholic liquor and any controlled substance, operates a motor vehicle, which results in an emergency response as defined in this article, shall be responsible and/or liable for a charge in the amount as set forth in Chapter 38 of the City Code. Only one charge shall be incurred by a person liable for a charge under this ordinance for an emergency response, regardless of how many departments or individuals respond in an emergency response.
[Amended 8-18-1997 by Ord. No. 97-09]
(a)
Presumptions. For the purpose of this article, a person is under
the influence of an alcoholic liquor or controlled substance, or the
combined influence of an alcoholic liquor and any controlled substance,
when 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 characteristic of a sober person of ordinary prudence.
Further, it shall be presumed that a person was operating a motor
vehicle while under the influence of an alcoholic liquor if a chemical
analysis of his or her blood, urine or breath indicates that the amount
of alcohol in his or her blood was in excess of seven one-hundredths
of 1%.
(b)
Charge against person. The expenses incurred by the City as a result
of an emergency response 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 collectable by the City in the same manner
as in the case of an obligation under a contract, expressed or implied.
(c)
Billing. The Chief of Police, or his/her designee, shall within 15
days of an emergency response submit a bill for the costs by first
class mail or personal service to the person liable for the amount
of the charge as enumerated in this article, as amended. The bill(s)
shall require full payment in 30 days from the date of service.
(d)
Failure to pay; procedure to recover costs. Any failure by the person
described in this article as liable for the expense of an emergency
response, to pay the bill within 30 days of service shall be considered
in default. In case of default, the City may commence a civil suit
to recover the expenses and any costs allowed by law.
[Amended 8-18-1997 by Ord. No. 97-09]
Nothing in this article shall be construed to conflict, contravene,
enlarge or reduce any criminal liability or responsibility, including
fines imposed by a judge under the Michigan Vehicle Code on a driver
for operating a motor vehicle under the influence of an alcoholic
liquor and/or a controlled substance.
