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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