HomeMy WebLinkAboutO-2647 - Adds Ch. 3.95A, recovery of costs for convicted persons (3.95A)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE No.2'tf1 "~+.
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AN ORDINANCE ESTABLISHING MARYSVILLE MUNICIPAL CODE
CHAPTER 3.95A, RECOVERY OF COSTS FOR CERTAIN CONVICTED PERSONS,
TO RECOVER THE CITY'S COSTS OF EMERGENCY RESPONSE FOR PERSONS
GUILTY OF ALCOHOL OR DRUG RELATED DRIVING, BOATING, OR AIRCRAFT
VIOLAnONS.
WHEREAS,the City of Marysville expends general fund monies apprehending,
investigating,processing and incarcerating persons convicted of alcohol related driving,
boating and flying offenses;
WHEREAS,Section 38.52.430 of the Revised Code of Washington authorizes the
City to collect from persons convicted of certain drug and alcohol related offenses the
City's cost of emergency response.
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION 1 Marysville Municipal Code Chapter 3.95A,Recovery of Costs for
Convicted Persons, is hereby adopted as follows:
Chapter 3.95A
RECOVERY OF COSTS FOR CONVICTED PERSONS
Sections:
3.95A.OIO
3.95A.020
3.95A.030
Definitions
Emergency response caused by person's intoxication--Recovery of
costs from convicted person.
Administration - Collection.
MMC 3.95A.OIO Definitions.
As used in this chapter:
(1)"Emergency" means an incident that requires a normal police, coroner, fire, rescue,
emergency medical services, or utility response as a result of a violation of one of the
statutes enumerated in MMC 3.95A.020.
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(2)"Emergency response" means a public agency's use of emergency services during an
emergency or disaster as defined in subsection (1)of this section.
(3)"Expense of an emergency response" means reasonable costs incurred by a public
agency in reasonably making an appropriate emergency response to the incident,but shall
only include those costs directly arising from the response to the particular incident.
Reasonable costs shall include the costs of providing police,coroner, fire fighting, rescue,
emergency medical services, or utility response at the scene of the incident, as well as the
salaries of the personnel responding to the incident.
(4) "Public agency'! means the state, and a city, county, municipal corporation,district,
town, or public authority located, in whole or in part, within this state which provides or
may provide fire fighting,police,ambulance,medical, or other emergency services.
MMC 3.95A.020 Emergency response caused by person's intoxication--Recovery of
costs from convicted person.
A person whose intoxication causes an incident resulting in an appropriate
emergency response, and who, in connection with the incident, has been found guilty of
or has had their prosecution deferred for (1) driving while under the influence of
intoxicating liquor or any drug, RCW 46.61.502; (2) being in actual physical control of a
motor vehicle while under the influence of intoxicating liquor or any drug, RCW
46.61.504; (3)driving or being in actual physical control ofa motor vehicle after
consuming liquor and being under 21, RCW 46.61.503; (4)Negligent Driving in the First
Degree, RCW 46.61.5249;(5)operating an aircraft under the influence of intoxicants or
drugs, RCW 47.68.220;(6) use of a vessel while under the influence of alcohol or drugs,
RCW 88.12.025;(7)vehicular homicide while under the influence of intoxicating liquor
or any drug, RCW 46.61.520(1)(a);or (8)vehicular assault while under the influence of
intoxicating liquor or any drug, RCW 46.61.522(1)(b),is liable for the expense of an
emergency response by a public agency to the incident.
The expense of an emergency response is a charge against the person liable for
expenses under this section. The charge constitutes a debt of that person and is
collectible by the public agency incurring those costs in the same manner as in the case of
an obligation under a contract,expressed or implied.
In no event shall a person's liability under this section for the expense of an
emergency response exceed one thousand dollars for a particular incident.
If more than one public agency makes a claim for payment from an individual for
an emergency response to a single incident under the provisions of this section, and the
sum ofthe claims exceeds the amount recovered, the division of the amount recovered
shall be determined by an interlocal agreement consistent with the requirements of
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chapter 39.34 RCW.
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TheCityof Marysville shallbilla defendant thecostof apprehension,
investigation,processing,andthe initial temporary incarceration,as reasonable costsof
providing police services andsuchotherand further costsandfeesas documented by
otherpublic agencies providing emergency services.
MMC 3.95A.030 Administration - Collection.
A.TheCityishereby authorized to collectsuchcostsasa conditionof
sentencing ona criminal case filed in Marysville Municipal Court.Theprosecutorwill
fileaNoticeof Liability forthe Expense of Emergency Response withthecourtatthe
timeof sentencing.TheCourthas discretion whetherto impose all oraportionofthe
Expense of Emergency Response asa condition of sentence.
B. Inthe alternative,theCityis hereby authorized and directed toexecutea
Noticeof Liability forthe Expense of Emergency Response.TheCitywillsendthe
personabill by certified mailwitha return receipt.Anyfeesnotcollectedwithinsixty
days of thedate of issuance of theNoticeof Liability forthe Expense of Emergency
Response shallbereferredto a collection agency.Thecostof collection shallbeaddedto
thebill. Allfeescollectedshallbe apportioned as provided inRCW 38.52.430.Feesand
costs collected bytheCityshallbe received intothe general fund.
Section 2.
publication.
Effective Date.This ordinance shalltakeeffectfive(5)daysafter
C1iJ ~YS~IL/L~By~LK~.
Dennis Kendall,MAYOR,
PASSED bytheCity Council and APPROVED bythe Mayor thisZio-t40ay of
~,2006.
Approved as to form:
rantK.Weed,CITY ATTORNEY
Dateof Publication:~'"~r r......l1rvr
Effective Date(5daysafter publication):~
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