HomeMy WebLinkAboutCC RESO 16,073RESOLUTION NO. 16,073
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY ADOPTING EMERGENCY RESPONSE
COST RECOVERY PROGRAM
WHEREAS, California Government Code Sections 53150
through 53158 authorize a public agency (hereinafter "the
City") to bill 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 civil aircraft caused by
that influence proximately causes any incident resulting in
an appropriate emergency response for the costs of that
emergency response; and
WHEREAS, said statute also authorizes the City to
bill any person whose intentionally wrongful conduct
proximately causes any incident resulting in an appropriate
emergency response for the costs of that emergency response;
and
WHEREAS, that person is liable for the expense of
an emergency response by the City to the incident and said
expense is collectible by the City in the same manner as in
the case of an obligation under a contract, express or
implied, except that liability for expenses of an emergency
response under this resolution shall not be insurable and no
insurance policy shall provide or pay for the expenses; and
WHEREAS, in no event shall a person's liability for
the expense of an emergency response exceed One Thousand
Dollars ($1,000) for a particular incident; and
WHEREAS, a program for the recovery of emergency
response costs is important to promote the general welfare and
safety of the City because it is designed and intended to
encourage safe driving, by requiring persons to pay to the
City the cost of responding to incidents caused by their
wrongful conduct.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of National City that the City Council does hereby
adopt the Emergency Response Cost Recovery Program.
PASSED and ADOPTED this 5th day of September, 1989.
George H. Waters, Mayor
ATTEST:
01;
Lori Anne Peoples,+City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
2