SEC. 10-350. FINDINGS:
The City Council finds and declares the following:
1. It is the policy of the City of Stockton to discourage the operation of motor vehicles while under the influence of alcohol and/or drugs.
2. It is the policy of the City of Stockton to encourage careful and responsible conduct by persons operating motor vehicles.
3. Driving under the influence of alcohol and/or drugs is intentional wrongful conduct.
4. Intentional wrongful conduct by persons who operate motor vehicles imposes a burden upon City services above and beyond the regular services normally required for traffic law enforcement.
5. Persons who willfully conduct themselves in a manner which imposes an extraordinary burden on the public resources should bear a share of that burden.
6. The establishment of an Emergency Response Cost Recovery Program is of the utmost importance to the promotion of the general welfare and safety of the people of Stockton because it is designed and intended to encourage safe driving by requiring such persons to pay part of the cost to the City for responding to incidents caused by their intentional wrongful conduct.
(Added by Ordinance 012-90C.S. — Effective May 3, 1990)
SEC. 10-351. ESTABLISHMENT OF EMERGENCY RESPONSE COST RECOVERY PROGRAM:
There is hereby established an Emergency Response Cost Recovery Program (hereinafter "Program") in accordance with California Government Code Sections 53150-053158, or as hereinafter amended, which allows for the collection of emergency response costs against:
(1) any persons whose negligent operation of a motor vehicle, boat or vessel, or civil aircraft while under the influence of an alcoholic beverage or drug proximately causes any incident resulting in any emergency response by the City Police or Fire Department; and
(2) any person whose intentional wrongful conduct while in the operation of a motor vehicle, boat or vessel, or civil aircraft proximately causes any incident resulting in an emergency response by the City Police or Fire Department.
(Added by Ordinance 012-90C.S. — Effective May 3, 1990)
SEC. 10-352. DEFINITIONS:
For the purpose of this Part, unless the context clearly requires a different meaning, the words, terms and phrases hereinafter set forth shall have the meanings given them in this Section:
(a) "Motorist" means any person who operates a motor vehicle, boat or vessel, or civil aircraft and, when so operating is subject to the law and any duty imposed by law in the operation of said motor vehicle, boat or vessel, or civil aircraft.
(b) "Program Manager" means the Commander of the Traffic Section of the Stockton Police Department or a designated representative.
(c) "Intentional Wrongful Conduct" means conduct intended to injure another person or property.
(d) "Incident" means a situation proximately caused by any motorist who is under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any drug, whose negligent operation of a motor vehicle, boat or vessel, or civil aircraft caused by that influence results in an emergency response.
(e) "Emergency Response" means the incident necessitated the use of emergency lights and siren by police or fire units responding to the incident.
(Added by Ordinance 012-90C.S. — Effective May 3, 1990)
SEC. 10-353. PAYMENT TO THE CITY FOR EMERGENCY RESPONSE TO INCIDENTS CAUSED BY A MOTORIST UNDER THE INFLUENCE OF ALCOHOL OR DRUGS:
(a) A motorist arrested for driving under the influence of alcohol and/or drugs (DUI) will be billed only if all of the following criteria are met:
(1) Driving under the influence of alcohol and/or drugs is evidenced by objective symptoms observed by the arresting officer and either a refusal by the motorist to submit to a chemical test, or a blood, breath or urine test at or above the legal limit 0.08 alcohol level, as designated by the California Vehicle Code, or at or above the legal limit established for being under the influence of a controlled substance; and
(2) Negligent operation of a motor vehicle, boat or vessel, or civil aircraft is evidenced by either a collision or the commission of a moving violation as defined under the Vehicle Code, Sections 21100, et seq. or Harbor and Navigations Code Sections 650, et seq.; and
(3) The incident evidenced by an accident or a moving violation was proximately caused by driving under the influence of alcohol and/or drugs; and
(4) The incident necessitated an emergency response, which entailed the use of emergency lights and siren by police or fire units responding to the incident.
(b) A motorist arrested for other criminal acts resulting from intentional wrongful conduct while operating a motor vehicle will be billed only if one or more of the following criteria is met:
(1) A motor vehicle, boat, vessel, or civil aircraft was operated with the apparent intent to injure another person or property; or
(2) A motorist attempts to evade arrest for acts involving operation of a motor vehicle, boat, vessel, or civil aircraft with conduct intended to injure another person or property; or
(3) A motorist rammed or threatened to ram a police vehicle(s) or property in the course of attempting to evade arrest.
(c) The City will bill motorists only for the direct costs to the City of emergency response including, but not limited to laboratory fees, costs of repairing or replacing City property damaged or destroyed due to the person's conduct, and the hourly salary, fringe benefits and overhead costs of the police officer(s) and other personnel who directly respond to an incident, prorated for the time it takes to complete the emergency response at such rate as shall be fixed or established from time to time by resolution of the City Council.
(d) The City will treat the emergency response costs as a civil debt of that person which is collectible by the City in the same manner as a contract obligation. Therefore, the City need not wait until there is a conviction before billing the motorist.
(e) If the emergency response cost bill is not paid within thirty (30) days after the initial bill is mailed by the City or if arrangements are not made for partial payment during the thirty (30) day period, then the bill will be considered delinquent and may be referred to a collection agency.
(f) If a motorist refuses to pay the City or collection agency, the City may pursue recovery as provided by law. This action will not be initiated until after the criminal charges have been adjudicated.
(1) As an alternative, in all appropriate cases, the City will seek to have payment of the bill imposed as a condition of probation.
(2) As an alternative, in all appropriate cases, where the motorist has not made restitution, the City will request the Department of Motor Vehicles to place a hold on the motorist's vehicle registration.
(g) If the motorist who has paid an emergency response cost recovery bill is acquitted of criminal charges after trial, the City will allow for reimbursement.
(Added by Ordinance 012-90C.S. — Effective May 3, 1990)
SEC. 10-354. APPEAL TO PROGRAM MANAGER:
Any person receiving a bill may appeal the bill to the Program Manager within thirty (30) days of the billing date by filing with the Program Manager a written notice of appeal. The Program Manager will review the bill for accuracy. If the bill is found to be in error, then the bill will be corrected, or if appropriate, cancelled. The decision of the Program Manager shall be rendered within seventy-two (72) hours of the receipt of the written notice of appeal. Any bill still in dispute after being appealed to the Program Manager may then be appealed to the City Manager.
(Added by Ordinance 012-90C.S. — Effective May 3, 1990)
SEC. 10-355. APPEAL TO THE CITY MANAGER:
Any person aggrieved by the decision of the Program Manager shall have the right to appeal the bill to the City Manager by filing with the City Clerk within five (5) days after the decision of the Program Manager, a written notice of appeal setting forth the grounds thereof. The City Manager, or a designated representative, shall fix the time and place of the hearing within fifteen (15) days following the filing of an appeal with the City Clerk. The appellant shall be given notice of said hearing at least ten (10) days prior to the hearing date. Said notice may be by personal service or by certified mail, return receipt requested.
At the time and place fixed in said notice, or at any time to which the matter may be continued by the mutual consent of the parties, the City Manager, or a designee, shall hear the applicant and all witnesses together with any proper documentary evidence offered in support of the appeal. The City Manager, or a designee, shall, at the conclusion of the hearing, make findings of fact based upon the evidence submitted and determine whether grounds exist for amending or canceling the bill. If from the evidence the City Manager, or a designee, finds grounds exist for the amendment or cancellation of the bill, the amendment or cancellation thereof shall be ordered. If, following the hearing, the City Manager, or a designee, determines that no proper grounds exist for the amendment or cancellation of the bill, the appellant shall be ordered to pay the bill in full within thirty (30) days from that date.
Action taken by the City Manager, or a designee, shall be final and conclusive.
(Added by Ordinance 012-90C.S. — Effective May 3, 1990)
Stockton, CA 
