§ 42-65. Recovery of expenses of certain emergency responses caused by alcohol or drug impaired operation of watercraft.

(a)

Purpose and intent. It is the purpose and intent of this section that the costs incurred by the City of Gibraltar in responding to emergency situations, incidents and particularly watercraft accidents which are caused by the improper, wrongful conduct of persons while under the influence of alcoholic beverages or a controlled substance or narcotics shall be recovered from such offenders and that the occurrence of such incidents are avoidable and should not be permitted to increase the financial burden of the city in providing emergency services for natural disasters and accident circumstances.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Emergency response means the providing, sending and/or utilizing public service, police, firefighting and rescue services by the city to an accident or incident involving a watercraft where one or more of the drivers were operating the same while under the influence of an alcoholic beverage or controlled substance or the combined influence of an alcoholic beverage and controlled substance, or the making of a stop and arrest by a police officer when the person in control was operating the watercraft while under the influence of an alcoholic beverage or controlled substance.

Expense of an emergency response means reasonable costs incurred by the city making an appropriate emergency response to an incident, including the cost of providing police, firefighting, rescue and emergency medical services at the scene of an accident, but shall only include those costs directly arising because of the response to a particular incident. However, this may include the reasonable costs connected with the administration, provision and analysis of any chemical tests and the videotaping of the driver where applicable.

(c)

Imposition of civil liability. Any person who is under the influence of an alcoholic beverage or any controlled substance or narcotic, or the combined influence of an alcoholic beverage and any controlled substance, whose negligent operation of a watercraft while under that influence proximately causes any incident resulting in an appropriate emergency response and any person whose wrongful conduct proximately causes any incident resulting in an appropriate emergency response shall be civilly liable in damages for the expense of an emergency response by the city occasioned by such incident.

(d)

Presumptions of impairment. For purposes of this section, it shall be presumed that a person was operating a watercraft under the influence of an alcoholic beverage if chemical analysis of the driver's blood, urine or breath indicates that the amount of alcohol in the driver's blood was in excess 0.07 percent.

(e)

Additional finding of impairment. For purposes of this section, a person is under the influence of an alcoholic beverage or any controlled substance or narcotic, or the combined influence of an alcoholic beverage or using a controlled substance or narcotic, or both, whenever his physical or mental abilities are impaired to a degree that he no longer has the ability to operate a watercraft with the caution characteristic of a sober person of ordinary prudence.

(f)

Creation of obligation to city; collection of debt. The expense of an emergency response shall be a charge against the person liable for expenses under this section. The charge constitutes a debt of that person and is collectible by the city for incurring those costs in the same manner as in the case of an obligation under a contract, express or implied, except that liability for the expenses provided for in this section shall not be insurable and no insurance policy shall provide or pay for the expenses.

(g)

Limitation on amount of cost recovered. In no event shall a person's liability under this section for the expense of an emergency response exceed $500.00 for a particular incident.

(h)

Procedure for initiating recovery. The city administrator shall, within ten days of receiving tabulation of costs from the various departments of the city which were activated by the emergency response, transmit an invoice for the tabulated emergency response cost so incurred by the city to the person so indicated as being liable under this section. Such letter transmitting this invoice shall be sent via first-class mail to the person's last known address, as available from police reports taken at the scene, or by personal service upon such person. Such invoice shall require payment in full within 30 days of the date of service or mailing. In the event that any error is claimed in the compilation of the manner of determining the total costs of such emergency response, the persons liable must within the 30-day period challenge the invoice by written exception filed with the city council.

(i)

Default; overdue notice; assumpsit. If no written exception or challenge to the invoice is filed by the person liable, who has been properly notified as herein provided, within 30 days after receipt of the city's invoice, it shall be considered in default and the amount collectible as any other account due the city.

(j)

Failure to pay; city attorney to sue to recover costs. Any failure by a person described in this section as liable for the expense of an emergency response to pay the bill submitted by the city administrator within 30 days of service of same shall render such matter in default. The city attorney or his designate shall commence civil suit on behalf of the city to recover the expenses, court costs and attorney's fees.

(k)

Recovery of emergency response costs independent of and separate from criminal penalty imposed on offenders. This section shall be construed to be a responsibility and liability of a civil nature on the part of the operator and shall not be construed to conflict, contravene, or enlarge or reduce any criminal liability or responsibility including fines imposed by a judge under this section on a person for operating a watercraft while under the influence of an alcoholic beverage and/or controlled substance.

(Code 1977, § 27-65; Ord. No. 191, 9-14-1992)

State law reference

Reimbursement expenses in connection with certain alcohol or drug-related expenses, MCL 769.1f.