[Adopted 12-10-1997 by Ord. No. 85]
Midland Township finds that a significant number of traffic
arrests and traffic accidents in the Township involve drivers who
were operating a motor vehicle while under the influence of an intoxicating
liquor or a controlled substance, or a combination of intoxicating
liquor and a controlled substance. In addition, Midland Township finds
that there is a greater likelihood of personal injury and property
damage in traffic accidents involving drivers who were operating a
motor vehicle while under the influence of an intoxicating liquor
or a controlled substance, or a combination of intoxicating liquor
and a controlled substance. As a result, an additional operational
and financial burden is placed upon the Midland Township police, firefighting
and rescue services by persons who violate a Midland Township ordinance
and/or state law while under the influence of an intoxicating liquor
or a controlled substance, or a combination of an intoxicating liquor
and a controlled substance, and that it is necessary to recover these
increased emergency response costs.
When used in this chapter, the following terms shall have the
following meanings:
The providing, sending and/or utilizing of police, firefighting,
emergency medical and/or rescue services by Midland Township to an
accident involving one or more motor vehicles operated by one or more
drivers who were under the influence of an intoxicating liquor or
a controlled substance, or a combination of an intoxicating liquor
and a controlled substance; or
The providing, sending and/or utilizing of police, firefighting,
emergency medical and/or rescue services by Midland Township to an
incident resulting in a traffic stop and arrest by a police officer
of a driver who was operating a motor vehicle while under the influence
of an intoxicating beverage and/or a controlled substance, or a combination
of an intoxicating liquor and a controlled substance.
The direct and reasonable costs incurred by Midland Township
in the course of an emergency response, including:
The costs of providing police, firefighting, emergency medical
and/or rescue services at the scene of an incident.
The salaries and wages of Midland Township personnel:
Responding to the incident.
Responsible for completion of arrest procedures and bookings.
Responsible for writing, filing and reviewing police reports.
Responsible for the administration of field sobriety tests and
all chemical analyses of the amount of alcohol in the person's
breath, blood, or urine.
Responsible for identifying, recording and preserving evidence.
Responsible for investigation and supervision.
The costs associated with the review, preparation and assembling
of evidence by Midland Township employees in preparation for a scheduled
trial date and the costs of any appearance in court for a scheduled
trial date. Such expenses shall be imposed notwithstanding whether
the matter is disposed of other than by trial or adjourned on the
scheduled trial date.
A.
Person responsible. A person is liable for the expense of an emergency
response if, while under the influence of an intoxicating beverage
and/or a controlled substance, such person's operation of a motor
vehicle or other conduct proximately causes any incident resulting
in an emergency response.
B.
Presumptions.
(1)
For the purposes of this chapter, a person is under the influence
of an intoxicating liquor or a controlled substance, or a combination
of an intoxicating liquor and a 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 intoxicating 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 0.07%.
(2)
For the purposes of this chapter, it shall be presumed that a person
was operating a commercial motor vehicle while under the influence
of an intoxicating 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 0.04%.
(3)
For the purposes of this chapter, it shall be presumed that a person
who is less than 21 years of age and who operates a motor vehicle
was under the influence of an intoxicating 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 0.02%.
The expense of an emergency response shall be a charge against
the person responsible for the expenses under this chapter and shall
be construed as a civil liability only. The charge constitutes a debt
owed by that person to Midland Township and is due to and collectible
by Midland Township in the same manner as in the case of an obligation
under an express or implied contract. This chapter shall not be construed
to conflict, contravene, enlarge or reduce criminal liability or responsibility.
Midland Township shall, by resolution, adopt a schedule of the
costs included in an emergency response. Such schedule shall be available
to the public from Midland Township.
The Midland Township Clerk or his or her designee, shall, within
10 days of receiving itemized costs, or any part thereof, incurred
for an emergency response, submit a bill for these costs by first
class mail or personal service to the person liable for the expenses
as enumerated under this chapter. The bill(s) shall require full payment
within 30 days from the date of service.
Any failure by the person or corporation described in this chapter
as liable or responsible for expenses of an emergency response to
pay a bill within 30 days of mailing or service of the bill shall
constitute a default on the bill. All charges for emergency response
expenses shall become a lien upon the subject vehicle from the date
of billing through payment. In case of default, Midland Township shall
have the right and power to bring action in any court of competent
jurisdiction for collection of emergency response charges.
