HomeMy WebLinkAboutOrd 1989-2318 ORDINANCE NO. 2318
AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHAPTER 9.05 TO THE CHULA VISTA MUNICIPAL CODE
RELATING TO THE RECOVERY OF EMERGENCY RESPONSE
COSTS FROM PERSONS UNDER THE INFLUENCE, OR
RESPONSIBLE FOR INTENTIONALLY WRONGFUL CONDUCT
The City Council of the City of Chula Vista does ordain
as follows:
SECTION I: That Chapter 9.05 is added to the Chula
Vista Municipal Code to read as follows:
CHAPTER 9.05 EMERGENCY RESPONSE COST RECOVERY.
Sec. 9.05.010 Definitions.
A. "Expense of an emergency response" means those
costs incurred by the City of Chula Vista in making
an appropriate emergency response to the incident,
and shall be comprised of all costs directly
arising because of the particular incident,
including, but not limited to the costs of
providing police, firefighting, rescue and
emergency medical services at the scene of the
incident, as well as the salaries and fringe
benefits of the personnel responding to the
incident. Those recoverable costs will include
damage or destruction to City of Chula Vista
property.
B. "Intentionally wrongful conduct" means conduct
intended to injure another person or property.
Sec. 9.05.020 Emergency Response Cost Recovery
Program.
Pursuant to the authority vested in the City of Chula
Vista by Article 8 (commencing with Section 53150) of
Chapter 1 of Part 1 of Division 2 of Title 5 of the
Government Code, each person who is under the influence
of an alcoholic beverge or any drug, or the combined
influence of an alcoholic beverage and any drug, whose
negligent operation of a motor vehicle, boat, vessel, or
aircraft caused by that influence proximately causes any
incident resulting in an appropriate emergency response,
or whose intentionally wrongful conduct proximately
causes any incident resulting in appropriate emergency
response, shall pay to said City the expense of such an
emergency response. In no event shall a person's
liability under this Chapter exceed the maximum
allowable under state statute, and all costs assessed
pursuant to this Chapter 9.05 shall reasonably relate to
the actual cost of the expense incurred by the City.
Sec. 9.05.030 Collection of Costs.
The expense of an emergency response shall be
determined by the Director of Finance and charged
against the person liable for the expenses under the
Chapter by the Director of Finance. The charge
constitutes a debt of that person to the City of Chula
Vista, and is collectlble by said City in the same
manner as in the case of an obligation under a contract,
expressed or implied. If the charges are not paid
within a reasonable time of demand, the Director Of
Finance and the Director of Personnel are authorized to
reduce the claim to judgment in the appropriate small
claims court or other jurisdiction.
SECTION II: This ordinance shall take effect and be in
full force on the thirtieth day from and after its adoption.
Presented by Approved as to form by
CDity Attorney ~
a
FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE
( ' OF CHULA VISTA· CALIFORNIA· HELD suly zs . 19 89 · AND
FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD August 1 ·
19 89 ~ BY THE FOLLOWING VOTE, TO-WIT:
AYES: Coo~il~n: Malcolm, Moore, McCandliss
NAYES: Councilmen: None
ABSTAIN: Councilmen: None
ABSENT: Councilmen: Co:{, Nader
~Acc~'~ yrv~of the City of Chulo Vista
S, ,~FE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO, 2318 ,end that the some hoe not been omendedor repealed.
DATED
CC-660