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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: {ML425329.DOC;1/00006.900160/} - 1 - 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• {JZL425329.D0C;1/00006.900160/} - 2 - 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 ... /om isapi.dll ?clientID= 87957& hitsperheading =on &infobase= rcw.nfo &> >':� °Y — 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 .............. ?N;A : PUBLIC • -y WAS 118111900