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ORDINANCE NO. 6 3 6 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, CREATING A NEW
SECTION 10.04:015 OF THE AUBURN CITY CODE AND A
NEW CHAPTER 3.90 OF THE AUBURN CITY CODE,
RELATING TO THE RECOUPMENT OF LAW
ENFORCEMENT COSTS FOR RESPONDING TO
INCIDENTS INVOLVING INTOXICATED PERSONS
WHEREAS, the Auburn Police Department ("ARDn) has been an active
participant in pursuit of traffic safety for a number of years, and as a result of the APD's
activities, Aubum has demonstrated a leadership position in coordinating life-saving
activities through proactive DUI enforcement; and
WHEREAS, Auburn has one of the highest arrest rates for DUI in King and
Pierce County due to the strong commitment of the APD to enforce impaired driving
laws; and
WHEREAS, state law authorizes cities to recover the costsof emergency
response from individuals convicted of violations of laws prohibiting impaired driving;
and
WHEREAS, the Aubum City Council finds that it is in the best interests of the City
of Auburn to adopt legislation to provide for the recovery and administration of
emergency response costs incurred by APD for responding to impaired driving
violations; and
WHEREAS, the Auburn Cify Council further finds that it is in the best interests of
the City of Auburn that, the Mayor have the authority, to apply emergency response
dollars collected toward future Iaw enforcement activities.
NOW,, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
~
Section,1. INCORPORATION OF RECITALS. The recitals set forth above are
incocporated herein by reference as if set forth in full in this section.
Section 2. ADOPTION ON NEW SECTION TO CITY CODE. That a new
Section 10.04.015 of the Aubum City Code is hereby created to read as follows:
Ordinance No. 6366 .
May 18, 2011
Page 1
10.04.015 Additional Statutes Adopted
, In addition to the Model Traffic Ordinance (MTO) and the statutes adopted
by reference therein, the following sections of the Revised Code of Washington
(RCW) are adopted by reference as currently enacted or as amended hereafter:
38.52.430 Emergency response caused by person's intoxication - Recovery
of costs from convicted persons.'
Section 3. ADOPTION ON NEW CHAPTER TO CITY CODE. That a new
Chapter 3.90 of the Auburn City Code is hereby created to read as follows:
Chapter 3.90
Emergency Response Costs
Sections: J
3.90.010 Establishment of Driving under the Influence (DUI) Cost Recovery
Program
3.90.020 Emergency response caused by 'person's intoxication. Recovery of
costs from convicted person.
3.90.030 Collection - Use
'.The text of the statute being adopted by reference is as follows:
RCW.38.52.430 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) operating
an aircraft under the influence of intoxicants or drugs, RCW 47.68.220; (3) use of a vessel while under the
influence of alcohol or drugs, "RCW 88.12.100; (4) vehicular, homicide while under the influence of
intoxicating liquor or any drug, RCW 46.61.520(1)(a); or (5) 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 manneras 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 ageney 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 of the claims exceeds the
amount recovered, the division of the amount recovered shall;be determined by an interlocal agreement
consistent with the requirements of chapter 39.34 RCW. [1993 c 251 § 2.] [FOOTNOTE/RCW TEXT NOT
, TO BE GODIFIED IN ACC.]
;
. Ordinance No. 6366 '
May 18, 2011
Page 2 -
3.90.040 Reimbursement
3.90.050 No Preemption
3.90.010 Establishment of Driving under the Influence (DUI) Cost Recovery
Program.
Pursuant to the Revised Code of Washington Section 38.52.430, a cost
recovery program is established to enable the city to recover the costs where
intoxication of an individual causes an incident resulting in an appropriate
. emergency response. The program shall be administered as established in this
Chapter.
-
3.90. 020 Emergency Response Caused by Person's Intoxication - Recovery
of Costs from Convicted Person.
(1) 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 (a) driving while
under the influence of intoxicating liquor or any drug, RCW 46.61.502; (b)
operating an aircraft under the influence of intoxicants or drugs, RCW 47.68.220;
(c) use of a vessel while under the influence of alcohol or drugs, RCW 88.12.100;
(d) vehicular homicide while under the influence of intoxicating liquor, or any drug,
RCW 46.61.520(1)(a); or (e) vehicular assault while under the influence of '
intoxicating liquor or any drug, RCW 46.61.522(I)(b), is liable for the expense of
an emergency response by a public agency to the incident.
(2) 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.
(3) In no event shall a person's liability under this section for the expense
of an emergency response exceed $1,000.00 per incident. If more than one
public agency makes a claim for payment from an individual for an emergency
response to a single incident underthe provisions of this section, and the sum of
the claims exceeds the amount recovered; the division of the amount recovered
- shall be determined by an interlocal agreement consisfent with the requirements
of Chapter 39.34 RCW.
3.90.030 Collection - Use
(1) A law enforcement agency may submit to the City a notice of liability
for the expense of an emergency response. The notice shall set forth the name
of the responsible person, the date of the emergency response, the date ofi
Ordinance No. 6366
May'18; 2011
Page 3
conviction or deferred prosecution, and the_ amount owing to the city. The total
emergency response cost may be.ordered by the Municipal Court as restitution.
Where the total emergency response cost has not been ordered by the court, the
City may collect the expense of the emergency response in the same manner as
a contract by sending notice to the person responsible via certified mail. with a
return receipt. Notice, sent to the last known address, shall be deemed delivered
three tlays after mailing. '
(2) Any costs not paid within 60 days of the date ordered by the Court or
' within 60 days of the date of issuance of the notice of liability may be referred to
a collection agency. The cosf of collection shall be added to #he total amount
owed by the person's whose intoxication resulfed in an emergency response.
(3) The Mayor or his designee shall have the authority to periodically
review the use of these funds collected through the budget authorization process
in order to ensure that the amounts collected,will be primarily devoted to DUI
enforcemenf emphases. 3.90.040 Reimbursement.
The Auburn Police Department is authorized to seek reimbursement,
whenever allowed by law, for any services rendered to another public agency as
part of cooperative law enforcement efforts to enforce laws prohibiting impaired
driving. Reimbursement costs shall be figured by the Auburn Police Chief, and
billed and collected in the manner as may applicable for the emergency response
cost recovery program in the jurisdiction where assistance was provided.
3.90.050 No preemption.
This chapter shall not be interpreted to preempt state law, but shall be interpreted to comply therewith. Section 4. IMPLEMENTATION. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 5. SEVERABILITY. The provisions of this ordinance are declared to
be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
Ordinance No. 6366
May 18, 2011 -
Page 4
thereofi to any perso'n or circumstance shall not affect the validity of the remainder of ,
this ordinance, or the validity of its application to other persons or circumstances.
Section 6. EFFECTIVE DATE. This Ordinance shall take effect and be in force
five days from and after, its passage, approval and publication as provided by law.
INTRODUCED: JUN 2 0 2011
PASSED:
APPROVED: .1UN 2; 4.2011
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E;" Daskam, City Clerk
APPRO~VED AS TO FORM: .
f~
D iel B. Hei , City Attorney Published: JUN. 2 3 2011.~~~~ /.~y..~'.J .
Ordinance No. 6366 May 18; 2011 • .
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