HomeMy WebLinkAboutOrd1991-647
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sponsored by: Schaefermever
CITY OF SEWARD, ALASKA
ORDINANCE NO. 647
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, AMENDING CHAPTER 11. 50 OF
THE CITY CODE TO ALLOW RECOVERY OF EMERGENCY
RESPONSE COSTS ASSOCIATED WITH OFFENSES
INVOLVING ALCOHOL AND DRUG ABUSE
WHEREAS, alcohol and drug abuse is an escalating problem for
communities throughout the state and the nation; and
WHEREAS, public safety personnel spend a significant amount of
time responding to and investigating incidents involving alcohol
and drug abuse; and
WHEREAS, the cost of these emergency responses is borne by the
taxpayers of the city of Seward; and
WHEREAS, the City Council wishes to pass on the cost of
emergency response to incidents involving alcohol and drug abuse to
those offenders convicted of a crime as a result of said response;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
HEREBY ORDAINS that:
section 1. A new section 11.50.010 D. to the Seward City Code
is hereby created to read as follows:
D. 1. Any person 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, vessel or aircraft caused
by that influence proximately causes any incident resulting in an appropriate
emergency response, and any person whose intentionally wrongful conduct
proximately causes any incident resulting in an appropriate emergency response,
is liable for the expense of an emergency response by a city agency to the incident.
2. For purposes of this section, a person is under the influence
of an alcoholic beverage or any drug or the combined influence of an alcoholic
beverage and any drug when as a result of drinking an alcoholic beverage or using
a drug, or both, his or her physical or mental abilities are impaired to a degree that
he or she no longer has the ability to operate a motor vehicle, boat, vessel or aircraft
with the caution characteristic of a sober person of ordinary prudence under the
same or similar circumstances.
For purposes of this article, a person shall be presumed to be driving while
intoxicated if the person operates or drives a motor vehicle or operates an aircraft
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 647
or a watercraft when, as determined by a chemical test taken within four hours
after the alleged offense was committed, there is a 0.10 percent or more by weight
of alcohol in the person's blood, or one hundred milligrams or more of alcohol per
one hundred millimeters of blood, or when there is 0.10 grams or more of alcohol
per two hundred ten liters of the person's breath, and the person has been charged
with Driving While Intoxicated by the district attorney's office.
3. The expense of an emergency response shall be charged
against the person liable for expenses under this section. The charge constitutes a
debt of that person and is collectible by the city in the same manner as in the case
of an obligation under a contract, expressed or implied, except that liability for the
expenses provided for in this article shall not be insurable and no insurance policy
shall provide or pay for the expenses. Upon conviction of an alcohol/drug related
offense, a letter will be mailed to the arrested party. The letter recipient has thirty
days to pay the bill, which includes costs for police, fire and harbor personnel
assigned to the incident and the fee for chemical tests. If no payment is received
within the thirty day period, the bill will be processed for collection.
4. In no event shall a person's liability under this article for the
expense of an emergency response exceed one thousand dollars for a particular
incident.
5. "Expense of an emergency response" means reasonable costs
incurred by police, fire and/or harbor departments in reasonably making an
appropriate response to the incident, including the costs of providing police, fire
fighting, rescue and emergency medical services at the scene of the incident, but
shall only include those costs directly arising because of the response to the
particular incident.
Section 3. This ordinance shall take effect ten (10) days
following its enactment.
E~~TED BY THE CITY COUNCIL
this ~ day of ~
OF THE CITY OF SEWARD, ALASKA,
, 1991.
THE CITY OF SEWARD, ALASKA
O~'f)~ d-hf~
David L. Hilton, Sr.
Mayor
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 647
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Burgess, Dunham, Krasnansky, Simutis, Hilton
Meehan, Sieminski
None
None
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(City Seal)
APPROVED AS TO FORM:
PERKINS COIE, Attorneys for
the City of Seward, Alaska
7~ Jr/~~
Fred B. Arvidson
City Attorney
Introduced By: Dunham & Simutis
Introduction Date:May 13. 1991
Public Hearing &
Enactment Date: May 28. 1991
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