ORD 98-21 COST RECOVERY FOR ALCHOHOL & DRUG RELATED EMERGENCY RESPONSEORDINANCE No. 98-21
AN ORDINANCE OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON RELATING TO COST RECOVERY FOR
ALCOHOL- AND/OR DRUG-RELATED EMERGENCY
RESPONSE ADDING A NEW CHAPTER 3.17 TO THE
BAINBRIDGE ISLAND MUNICIPAL CODE.
WHEREAS, RCW 38.52.430 authorizes public agencies to recover the expense of an
emergency response to an incident from a person whose intoxication caused the incident
and who, in connection with the incident, is found guilty of or has prosecution deferred for
(1) driving under the influence of intoxicating liquor or any drug; (2)*operating an aircraft
under the influence of intoxicants or drugs; (3) use of a vessel while under the influence of
alcohol or drugs; (4) vehicular homicide while under the influence of intoxicating liquor or
any drug; or (5) vehicular assault while under the influence of intoxicating liquor or any
drug; and
WHEREAS, the City desires to recover the expense of such emergency response; now,
therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN AS FOLLOWS:
SECTION 1. A new section 3.17 shall be added to Bainbridge Island Municipal Code as
follows:
3.17,010 Purpose and Effect. The provisions of this chapter shall be deemed an
exercise of the power of the City to recover the expense of alcohol- and/or drug-
related emergency response pursuant to the laws of the state of Washington.
3.17,020 Definitions. For purposes of the chapter, the following definitions apply:
A. "Emergency" means an incident that requires a normal police, coroner, fire,
rescue, emergency medical services, or utility response as a result of a violation
of one of the statutes enumerated in RCW 38.52.430.
B. "Emergency response" means the city' s use of emergency services during an
emergency.
3.17.30 Fee. Each person whose intoxication causes an incident resulting in an
emergency response, and who, in connection with the incident is found guilty of or
has prosecution deferred for (1) driving under the influence of intoxicating liquor
or any drug, (2) operating an aircraft under the influence of intoxicants or drugs,
(3) use of a vessel while under the influence of alcohol or drugs, (4) vehicular
homicide while under the influence of intoxicating liquor or any drug, or
(5) vehicular assault while under the influence of intoxicating liquor or any drug,
shall pay the City an emergency response fee in an amount as established by city
resolution. The emergency response fee shall be due on the entry of an order or
judgment finding guilt or deferring prosecution for any offense listed in this
section. If the fee is not paid when due, the City may collect the fee in the same
manner as any obligation under a contract, express or implied, including collection
pursuant to BIMC 1.28.045 and 1.28.047.
3.17.040 Deposits and Disbursements. All emergency response fees paid to or
recovered by the City shall be deposited into the current expense fund.
SECTION 2. The provisions of this ordinance are declared to be separate and severable.
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance or the invalidity of its application to any person or circumstance shall not affect
the validity of the remainder of this ordinance, or the validity of its application to other
persons or circumstances.
SECTION 3. This ordinance shall take effect and be in force five days from and after its
passage, approval and publication as required by law.
PASSED by the City Council this ._'3 ~ day of September, 1998.
APPROVED by the Mayor this q5 th day of September, 1998.
Dwight Sutton, Mayor
ATTEST/AUTHENTICATE:
n
Susa P. Kasper, City Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No. 98-21