HomeMy WebLinkAbout4047 Ordinance No . 4047
(Amending or Repealing Ordinances)
CFN= 171 - Traffic Control
Passed - 9/18/2012
Amending Ch. 9.36 by adding new section 9.36.120
The date["Beginning July 1, 1998"1 has led to confusion This date will be deleted from cover sheets of
ordinance/resolution revision pages. This cover sheet will be deleted on electronic pages only, no other
deletions or changes have been made to the document—6/21/2012
ORDINANCE NO. CD
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 9.36
by adding a new section 9.36.120 to the Kent City
Code entitled, "Emergency response caused by
person's intoxication - Recovery of costs from
convicted person."
RECITALS
A. Revised Code of Washington 38.52.430 states that a public
agency incurs expenses in an emergency response and allows a public
agency to recover the expenses of an emergency response to an incident
involving persons who operate a motor vehicle, boat, or vessel, or a civil
aircraft while under the influence of an alcoholic beverage or drug, or the
combined influence of an alcoholic beverage and a drug.
B. The city of Kent and the Regional Fire Authority provide
emergency response to a high number of incidents involving individuals
who operate a motor vehicle, boat, or vessel while under the influence of
an alcoholic beverage or drug, or the combined influence of an alcoholic
beverage and drug. This emergency response results in a high cost to the
city and Regional Fire Authority specifically in terms of police and fire time
spent responding to such incidents. This ordinance provides a mechanism
for the city to recoup some of these costs from the individual responsible
for creating the need for the emergency response due to their intoxication.
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Amend KCC 9.36
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - New Section. A New Section 9.36.120 of the Kent
City Code is added as follows:
Sec. 9.36.120. 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 his or her prosecution deferred for driving while
under the influence of intoxicating liquor or any drug pursuant to RCW
46.61.502 or use of a vessel while under the influence of alcohol or drugs
pursuant to RCW 79A.60.040 is liable for the expense of the emergency
response to the incident by a public agency. In no event shall a person's
liability under this section for the expense of an emergency response
exceed two thousand five hundred dollars for a particular 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. Following a conviction of an offense listed in this
section, and prior to sentencing, the prosecution may present to the court
information setting forth the expenses incurred by the public agency for its
emergency response to the incident. Upon a finding by the court that the
expenses are reasonable, the court shall order the defendant to reimburse
the public agency. The cost reimbursement shall be included in the
sentencing order as an additional monetary obligation of the defendant
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Amend KCC 9.36
and may not be substituted for any other fine or cost required or allowed
by statute. The court may establish a payment schedule for the payment
of the cost reimbursement, separate from any payment schedule imposed
for other fines and costs.
For the purposes of this section, the phrase "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, firefighting, 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.
SECTION 2. - Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 3. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
SECTION 4, - Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage and publication, as
provided by law.
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Amend KCC 9.36
Z COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CLERK
APPROVED AS T R
:T]4,0 M 3AVG RUBA R, CITY ATTORNEY
�TLY�fTCe[f�,,�J73'Cy7Y/ f�
PASSED: day of f��� 2012.
APPROVED: day of , 2012.
PUBLISHED: day of OF , 2012.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
- �i-ph/ (SEAL)
BRENDA JACO , CITY CLERK
P\CIvII\0rd1nance\DUI Cost Recovery Revise 9 36 door
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Amend KCC 9.36