BERLIN TOWNSHIP
ST. CLAIR COUNTY, MICHIGAN

740 Capac Rd.
Allenton, Michigan 48002
(810) 395-4518       Fax:  (810) 395-4698

E-mail address:   info@berlintwpstclair.org

Yard Waste Commercial Composting Ordinance

TOWNSHIP OF BERLIN
 ST. CLAIR COUNTY
ORDINANCE NO. 37

BERLIN TOWNSHIP OUIL COST RECOVERY ORDINANCE

TITLE

AN ORDINANCE to recover the costs and damages incurred by Berlin Township in making emergency responses to motor vehicle accidents and/or arrests involving drivers who are operating a motor vehicle while under the influence of alcoholic beverages and/or a controlled substance.

THE TOWNSHIP BOARD OF THE TOWNSHIP OF BERLIN,
ST. CLAIR COUNTY, MICHIGAN, ORDAINS:

SECTION 1.             Short Title.

This Ordinance shall be known and cited as the Berlin Township OUIL  Cost Recovery Ordinance.

SECTION 2.             Intent and Purpose.

A significant number of traffic arrests and accidents 'in the Township involve drivers operating a motor vehicle while under the influence of intoxicating liquor or a controlled substance, or a combination of both.  Furthermore, the Township finds that there is a greater likelihood of personal injury and property damage in accidents involving a driver operating under the influence of intoxicating liquor or controlled substance, or a combination of both. As a result, the Township finds that a greater operational and financial burden has been placed on the Township's fire fighting, and rescue services by persons who are operating a motor vehicle while under the influence of alcoholic beverages or a controlled substance, or a combination of both, and that it is necessary to recover these increased emergency response costs.

SECTION 3.             Scope and Application.

 

Section 3 1. Interpretation. The terms and provisions of this Ordinance shall be interpreted and applied as minimum standards and requirements for the promotion of the public health, safety and welfare, for persons and property within the Township of Berlin.

Section 3.2. Interference with other ordinances. This Ordinance shall not interfere with, abrogate, annul or repeal any other valid law, ordinance, rule or regulation previously in effect, including any other valid cost recovery ordinance. Moreover, in instances where this Ordinance specifically imposes a greater restriction or higher standard than other ordinances, the provisions of this Ordinance shall govern.

Section 3.3  Conflicts with State law. This Ordinance is not intended to conflict with and/or preempt application of the statutes of the State of Michigan and the laws of the United States against operating a motor vehicle under the influence of

intoxicating liquor or controlled substance, or a combination of both,

Section 3.4. Prosecution of other ordinances. This Ordinance is not intended to govern prosecution of Township Ordinances against operating under the influence of intoxicating liquor or a controlled substance, or a combination of both.

SECTION 4.             Enabling Authority.

This ordinance is adopted pursuant to and in accordance with the provisions of Act 246, Public Acts of 1945, as amended, and Act 359, Public Acts of 1947, as amended.

Section 5.                  Definitions,

For the purpose of construction and application of this Ordinance, the following definitions shall apply:

(a.)     "Emergency Response" shall mean providing, sending or utilizing fire      
   fighting, or emergency medical service by the Township, or by a private
   individual or corporation operating at the request or direction of the 
   Township, in connection with any incident involving a driver of a motor
   vehicle operating under the influence of intoxicating liquor or a controlled
   substance, or a combination of intoxicating liquor and a controlled
   substance. These incidents shall include, but not be limited to, any
   accident involving a motor vehicle where one or more of the driver's was
   operating a motor vehicle while under the influence of intoxicating liquor or
   controlled substance, or combination of intoxicating liquor and controlled
   substance.

(b.)      “Cost Of Emergency Response" shall mean all   
            direct and reasonable costs^, related to an   
            emergency response incurred by the Township or
            by private individuals or corporation operating at
            the request of the direction of the Township.
            These costs shall include, but are not limited to,        

            the costs of the fire fighting,

            emergency medical and rescue services; the salaries, wages, fringe benefits
    of any personnel responding to the incident; the salaries, wages and fringe
    benefits of any personnel engaged in investigating the incident and all
    costs of any related reports, all costs connected with the supervision of
    personnel responding to, or investigating any incident; all costs linked with
    the administration of processing the chemical tests of blood, breath or
    urine of the driver; and all costs related to any prosecution of the person
    causing the incident,

 

(c.)       “Vehicle" shall mean every device in, upon, or by which any person or
    property is or may be transported or drawn on a highway, except devices
    which are moved exclusively 'by human power or which are used exclusively
    on stationary rails or tracks and except for a mobile home as defined in
    section 2 of Act No. 419 of the Public Acts of 1976, as amended, being
    § 125_1102 of the Michigan Compiled Laws, including but not limited to  
    any snowmobile, off road vehicle, or vessel.

               (d )      “Township" shall mean the Township of Berlin, St. Clair            
                           County, Michigan.

(e.)       “Township Board" shall mean the governing body of the   
                    Township.

SECTION 6.              Liability For Costs Of An Emergency Response.

 

Section 6.1. Liability. Any person is liable for the costs of an emergency response if that person, while under the influence of intoxicating liquor or a controlled substance, or a combination of intoxicating liquor and a controlled substance, proximately causes any incident resulting in an emergency response.

Section 6.2. Presumptions- For the purpose of this Ordinance, a person is under the influence of an intoxicating liquor or a controlled substance, or the combination of an intoxicating liquor and a controlled substance, when his or her physical or mental abilities are so weakened by the consumption of alcohol that he or she drove with less ability than would an ordinary, careful, and prudent driver of if a chemical analysis of his or her blood, urine or breath indicates that the amount of alcohol in his or her blood was in excess of .07%.

Section 6.3. Charqes Against A Person. The costs of an emergency response shall be a charge against the person liable for the costs of an emergency response. The charge constitutes a debt of that person and is collectible by the Town-ship for incurring incurring those costs in the same manner as in the case of an obligation under a contract, expressed or implied.

Section 6.4 Certification of.-Expenses, Township personnel and departments involved in an emergency response shall keep an itemized ^record of recoverable expenses resulting from an emergency response. Promptly after completion of an emergency response, the Township departments shall certify those expenses to the Fire Chief, or the Chiefs agent.

Section 6.5. Billing. The Fire Chief or the Chiefs agent may, within 30 days of receiving a complete list of itemized costs of an emergency response, submit a bill for these costs by first class mail, certified mail or personal service to the person liable for the costs. This bill shall require full payment in 30 days from the date of receipt­

Section 6.6. Failure To Pay-, Procedure To Recover Costs. Any failure

by the person described in this Ordinance as liable for the costs of an emergency response, to pay the bill within 30 days of receipt shall be considered a default. In case of default, the Township of BERLIN may commence a civil suit to recover the costs plus any additional costs or expenses allowed by law.

SECTION 7.             Repeal of Conflicting Provisions.

All resolutions, ordinances or parts thereof conflicting with the provisions of this Ordinance are to the extent of such conflict hereby repealed.

SECTION S.             Saverability.

If any section, paragraph, clause or provision of this Ordinance is for any reason held to be invalid or unconstitutional, the invalidity or unconstitutionality of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance.