Ordinance 32980006.900160
ORDINANCE NO. 3298
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING TITLE 5 OF THE EDMONDS
CITY CODE BY ADDING A NEW CHAPTER 5.55 THERETO;
AUTHORIZING THE CITY TO RECOVER CERTAIN
EMERGENCY RESPONSE COSTS INCURRED WHILE
RESPONDING TO INCIDENTS RESULTING FROM THE
OPERATION OF VEHICLES WHILE UNDER THE
INFLUENCE OF ALCOHOL OR DRUGS; AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City of Edmonds ( "the City ") responds to numerous incidents
every year resulting from the operation of automobiles, motorcycles, vessels, and other motor
craft while intoxicated; and
WHEREAS, the City incurs significant costs and expenses through its emergency
response to such incidents and its processing of persons involved therein; and
WHEREAS, RCW 38.52.430 authorizes cities to recover certain emergency
response costs from persons convicted or whose prosecution has been deferred for operating an
automobile, airplane, or vessel while intoxicated, or of vehicular assault or homicide while
intoxicated; and
WHEREAS; the City desires to recover, to the full extent allowed by law, such
emergency response costs and expenses from persons so convicted or whose prosecution has
been deferred; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
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Section 1. Amendment to ECC Title 5. Chapter 5.55 of the Edmonds City Code is
hereby enacted to read as follows:
A. Pursuant to RCW 38.52.430, any person whose intoxication
causes an incident to which City personnel make an appropriate
emergency response, and who, in connection with the incident, has
been convicted or has had his or her prosecution deferred for either
(1) driving a motor vehicle, operating an aircraft, or using a vessel
while under the influence of alcohol or drugs; (2) vehicular
homicide while under the influence of alcohol or drugs; or (3)
vehicular assault while under the influence of alcohol or drugs
shall be liable to the City for the costs and expenses of the City's
emergency response.
B.. For purposes of this chapter, "costs and expenses of the
City's emergency response" shall mean those costs directly arising
from the City's use and deployment of police, coroner, fire, rescue,
emergency medical or utility services to an incident reasonably
requiring the same.
C. In no event shall a person's liability under subsection (A)
for the expense of an emergency response exceed one thousand
($1,000) dollars for a particular incident.
Section 2. Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum, and shall take effect five (5)
days after passage and publication of an approved summary thereof consisting of the title.
MOOR, Y HAAKENSON
ATTEST /AUTHENTICATED:
:�.
CLERK, CITY D•
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APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CITY CLERK" 03/17/2000
PASSED BY THE CITY COUNCIL: 03/21/2000
PUBLISHED: 03/27/2000
EFFECTIVE DATE: 04/01/2000
ORDINANCE NO. 3298
{JZL425329.DOC;1/00006.900160/} - 3 -
SUMMARY OF ORDINANCE NO. 3298
of the City of Edmonds, Washington
On the 21st day of March, 2000, the City Council of the City of Edmonds, passed
Ordinance No. 3298. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING TITLE 5 OF THE EDMONDS
CITY CODE BY ADDING A NEW CHAPTER 5.55 THERETO;
AUTHORIZING THE CITY TO RECOVER CERTAIN
EMERGENCY RESPONSE COSTS INCURRED WHILE
RESPONDING TO INCIDENTS RESULTING FROM THE
OPERATION OF VEHICLES WHILE UNDER THE
INFLUENCE OF ALCOHOL OR DRUGS; AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 22nd day of March, 2000.
SANDRA S. CHASE, CITY CLERK
Document
1999 REVISED CODE of WASHINGTON
Title 38 MILITIA AND MILITARY AFFAIRS
Chapter 38.52 RCW EMERGENCY MANAGEMENT
RCW 38.52.430 Emergency response caused by person's intoxication- -
Recovery of costs from convicted person.
Page 1 of 5
RCW 38.52.430 Emergency response caused by person's intoxication -- Recovery of costs from
convicted person.
Applicable Cases
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 manner as 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 agency 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 3 9.3 4 RCW .
[1993 c 251 § 2.]
Notes:
*Reviser's note: RCW 88.12.100 was recodified as RCW 88.12.025 pursuant to 1993 c 244 § 45. RCW 88.12.025 was
subsequently recodified as RCW 79A.60.040 pursuant to 1999 c 249 § 1601.
Finding -- Intent - -1993 c 251: "The legislature finds that a public agency incurs expenses in an emergency response. It is
the intent of the legislature to allow 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 a drug, or the combined influence of an alcoholic beverage and a drug. It is the intent of the legislature that
the recovery of expenses of an emergency response under this act shall supplement and shall not supplant other
provisions of law relating to the recovery of those expenses." [1993 c 251 § 1.1
RCW 38.52.500 State -wide 911 enhanced service -- Finding.
Applicable Cases
The legislature finds that a state -wide emergency communications network of enhanced 911
telephone service, which allows an immediate display of a caller's identification and location, would
serve to further the safety, health, and welfare of the state's citizens, and would save lives. The
legislature, after reviewing the study outlined in section 1, chapter 260, Laws of 1990, further finds
that state -wide implementation of enhanced 911 telephone service is feasible and should be
accomplished as soon as practicable.
[1991 c 54 § 1.]
Notes:
Referral to electorate -4991 c 54: See note following RCW 38.52.030.
RCW 38.52.505 State -wide 911 enhanced service -- Automatic location identification -- Rules.
Applicable Cases
Adopted by Reference
Ordinance #,5.2 f8 on -6-.71-PO
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— City Clerk
STATE OF WASHINGTON, l
COUNTY OF SNOHOLriISH, J}
of the i yC 1 ofEdmonds, i
Washington
On the 21st day of March,
2000, the City Council of the City
of Edmonds, passed Ordinance
No. 3298. A summary of the
content of said ordinance, con-
sisting of the title, provides as
fellows:
AN ORDINANCE OF THE CITY
OF EDMONDS, WASHINGTON,
AMENDING TITLE 5 +OF THE
EDMONDS CITY CODE BY
ADDING A NEW CHAPTER 5.55 i
THERETO: AUTHORIZING THE 1
9ATION OF VEHICLES WHILE
VDER THE INFLUENCE OF
COHOL OR DRUGS: AND
KING A TIME WHEN THE
WE SHALL BECOME
TECTIVE.
The full text of this Ordinance
II be mailed upon request.
DATED this 22ND day of {
arch, 2000.
SANDRA S. CHASE,
CITY CLERK'
iblished: March 27, 2000.
f'
8 -2 -1
cs.
RECEIVED
MAP 2 9 W -1
EDMONDS C' -L5PA
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ......... ...............................
Summary of Ordinance NO. 3298
...................................................................................................... ............................ . ..
City of Edmonds
............... ......... ............................... ............................... ......................... .......................
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
March 27, 2000
......................... .. 4,..........................................................................................................
and tha said newspaper regulat;�l� dit s ribute )to its subscribers
during all p
.......7� <.� �c �-.��r .................. .. �.. -- - ...- ...- ............ / Principal Clerk
Subscribed and sworn to before me this............ th
..............
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