HomeMy WebLinkAboutOrdinance 259 CERTIFICATION
I, LEE RABOIN, City Clerk of the City of Atascadero, hereby
certify that the foregoing is the true and correct original of
Ordinance No. 259 adopted by the Atascadero City Council at a
regular meeting thereof held on October 27, 1992 and that it has
been duly published pursuant to State Law.
DATED: IC2.
/P
LEE RABO N _
City Clerk
City of Atascadero, California
ORDINANCE NO. 259
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO ADDING CHAPTER 13 TO TITLE 3 OF
THE ATASCADERO MUNICIPAL CODE APPROVING
THE IMPLEMENTATION OF A STATE AUTHORIZED
PROGRAM TO RECOVER COSTSOF RESPONSES TO
EMERGENCIES CAUSED BY DRUNK OR RECKLESS
DRIVERS,AND PROVIDING GUIDELINES AND
PROCEDURES THEREFORE, PURSUANT TO
CALIFORNIA GOVERNMENT CODE 531509 ET SEQ.
WHEREAS, the Legislature has adopted Government Code Sections 53150
through 53158,which specifically authorize the City to recover costs of emergency-responses
to"incidents"caused by drivers under the influence of alcohol and/or drugs,or drivers whose
conduct is intentionally wrongful; and
WHEREAS, the City Council desires to provide guidelines and procedures for
City use;
NOW,THEREFORE, the City Council of the City of Atascadero does ordain as
follows:
Section 1. Chapter 13 is hereby added to Title 3 of the Atascadero Municipal Code
to read as follows:
Chapter 13. Response and Enforcement Costs.
Sec. 3-13.01. Emer envy Responses.
A. Driving,Boating orFlying Under the Influence.The following guidelines
and procedures are established for implementation and administration of Title 5,
Division 2,Part 1,Chapter 1,Article 8 of the California Government Code entitled
"Costs of Emergency Response" (CaCC §53150,et seq.)as it may be amended
from time to time.
(1) All City line departments (Police, Fire, Public Works, etc.)
participating in emergency responses to any incident involving a person under the
influence of alcohol and/or drugs, or a person whose conduct is intentionally
wrongful, while operating a motor vehicle, boat, or civil aircraft shall log all
personnel time,equipment time and use,and all incidental costs involved in such
emergency response.
(2) The costs to the City for all such personnel time,equipment use,
and incidental items shall be reported by each department within ten (10) days
thereafter to the City Finance Department, including,without limitation:
Ordinance No. 259
Page 2
(a)All direct wage costs for all department personnel so involved,
including the department head.
(b)All equipment costs, including reasonable depreciation or
standard industry hourly rental amount, plus the cost of all incidental materials
and supplies, involved in the emergency response.
(c) The department head responsible for determining that the
person causing the incidentwas under the influence of alcohol and/or drugs,or that
said person's conduct was intentionally wrongful, shall be responsible for
coordinating the preparation and furnishing of the departmental reports to the
City Finance Department.
B. The provisions hereof shall be applied uniformly against all such
persons charged with a Penal Code, Vehicle Code, Health and Safety Code, or
other statutory violation;no City official other than a majority of the City Council
shall have authority to reduce or cancel the debt obligation after criminal charges
arising from the incident have been approved by the District Attorney.
C. The debt obligation herein shall only be excused or cancelled by the
City Council after a duly noticed public hearing.
D. All judicial actions for judgement and collection of the debt obligation
herein shall be filed in the San Luis Obispo County Municipal Court,Small Claims
Division.
E. All monies collected shall be placed in the City's General Fund, and
shall be included in the City budget projections.
F. The City shall adopt a policy byresolution for financial recovery of costs
of emergency response pursuant to Government Code Section 53150, et seq.
Section 2. Publication. The City Clerk shall cause this ordinance to be
published once within fifteen(15)days after its passage in the Atascadero News,a newspaper
of general circulation, printed, published and circulated in this City in accordance with
Government Code Section 36933;shall certify the adoption of this ordinance;and shall cause
this ordinance and certification to be entered in the Book of Ordinances of this City.
Section 3. Effective Date. This ordinance shall go into effect and be
in full force and effect at 12:01 a.m. on the thirty-first(31st) day after its passage.
Ordinance No. 259
Page 3
On motion by Council member Kudlac and seconded by Council
member r.nnA , the foregoing ordinance is hereby adopted in its
entirety by the following roll call vote:
AYES: Councilmembers Bewley, Kudlac, Luna and Mayor Nimmo
NOES: None
ABSENT: Councilmember Borgeson
DATE ADOPTED: Octboer 27, 1992
ATTE '
L QIN, Ci Clerk ROBERT P. NIMMO, Mayor
APPROVED AS TO FORM:
N&
ART MONTAND 5N
City Attorney
APPROVED AS TO CONTENT:
U tr `
RICHARD H. WHALE
Chief of Police