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Home My WebLink AboutCC Ord 1343 1991-08-12 ORDINANCE NUMBER /34:J AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING CHAPTER 7A OF THE SEAL BEACH MUNICIPAL CODE RELATING TO EMERGENCY RESPONSE COST RECOVERY PROGRAM I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. Chapter 7A of the Seal Beach Municipal Code is hereby amended to read as follows: CHAPTER 7 A EMERGENCY RESPONSE COST RECOVERY Sec. 7A-1. Definition. For the purposes of this Chapter, "Expense of an "emergency response" means those costs incurred by the City of Seal Beach in making an appropriate emergency response to the incident, and shall be comprised of all costs directly arising because of the response to the particular incident, including, but not limited to, the costs of providing police, firefighting, rescue and emergency medical services at the scene of the incident, as well as the salaries of the personnel responding to the incident. Sec. 7A-2. Emerqencv Response Cost Recoverv Proqram. Pursuant to the authority vested in the City of Seal beach by its charter and by state statute, each 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 I operation of a motor vehicle, boat, vessel or aircraft caused by the influence proximately causes any incident resulting in an appropriate emergency response or any person whose intentionally wrongful criminal act proximately causes any incident resulting in appropriate emergency response, shall pay to said City the expense of such an emergency response. In no event shall a person's liability under this Chapter exceed the maximum allowable under state statute, and all costs assessed pursuant to this Chapter 7A shall reasonably relate to the actual cost of the expense incurred by the City. section 7A-3. Collection of Costs. The expense of an emergency response shall be charged against the peson liable for the expenses under this Chapter. The charge constitutes a debt of that person to the city of Seal Beach and is collectible by said City in the same manner as in the case of an obligation under a contract, expressed or implied. Section 2. Severabilitv. If any section, subsection, sentence, clause, phrase or portion of this Ordinance, or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City council hereby declares that it would have adopted this I Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that anyone or more sections, subsections, subdivision, sentences, clauses, phrases or portion thereof be declared invalid or unconstitutional. I I I O.rdinance Number /.7~ section 3. The City Clerk shall certify to the passage of this Ordinance and shall cause same to be published as required by law and the same shall take effect as provided by law. PASSED, APPROVED AND ADOPTED by the City Council of the City Seal Beac~ California, at a r~~r meeting thereof held on /al_ day of U"MF::" , 1991. .Y-~ dr/lu .:.~x~ a .:tF t SEAL 8 ,_ =.. 0 ..........~~... tl~ #~.... '-:'08'0114 "'" If~1.;' i g gee ~Og .g_~ ~",. O.~!l ..~..:"'o ~~'_" " Q~~'Il21,"', ~-- '#' c..... ,.,." OuN1'f . of the STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH I, Joanne M. Yeo, City Clerk of the City of Seal' Beach, California, do hereby certify that th~OregOing ordinance is the original co of Ordinance Number ~ on file in the office of the cit C k, introduced at a meeting held on the ~~~ day of , 1991, and passed, approved and adopted by Council of the City of Seal Beach at a mee g t e~of eld on the '/.;2 ~ day of , 1991 by the ollowin vote: councilmembers NOES: Councilmembers ABSENT: councilmembers and do hereby further certify been published pursuant to the Resolution Number 2836. at Ordinance Number 1 Beach City Charter has Ordinance Number ~~~ PROOF OF PUBLICATION This space for for the County Clerk's (2015,5 C,C,P,) Filing Stamp I STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County afore- said; I am over the age of eighteen Proof of Publication of years. and not a party to or Inter- ested In the above-entitled matter, PUBL.IC NOTICE/Public Hearing I am the principal clerk of the printer ....................................... .. of the SEAL BEACH JOURNAL. a ~.L)ot~~.~ newspaper of general circulation. (!.L printed and published weeklv In the C,t,$-f '&~~ OIl' City of Seal Beach, County of Orange NOTICE OF and which newspaper has been PUBLIC HEARING adjudged a newspaper of general circulation by the Superior Court of ' NOTICE IS HEREBY GIVEN lhaI \ the County of Orange, State of the ClIy CauncI of till ClIy III Seal California, under the date of 2/24nS, Beach wID hold a public hallltng an Case Number A82583: that the notice MondaY, JIAy 22. 199\ at 7:00 p,m, In ClIy CclIIIClI ChamlleI8. 211-8lh of which the annexed Is a printed SlreeI. SIal Baacll, lD cansldll a copy (set In type not sm aller than Driving Undar lha Inftu.nee Cost nonpareil), has been published in RecoI'IlIY ClrON/1CI. I, each regular and entire Issue of said DATED THIS 81h day 01 July, 1991. I newspaper and not In any supplement JoannlI M. Yeo, ClIy CIeIlI 1 thereof on the following dates, to-wit: ClIy 01 Seal Beech. .JI~ II ~~ 11, 1991. \ 1'IdIIBl1n" SeelIleach Jaumal all In the year ( 9Jl.L I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, California, this ~ day of ~, 19_iL ""' ~fI\tJw;. DHV'~ Slgnalure . PUBL.ICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 MaIn Street I P.O. Box 755 Sear Beach, CA 90740 (213)430-7555 I I, I PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County afore- said; I am over the age of eighteen years, and not a party to or Inter- ested In the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH JOURNAL. a newspaper of general circulation, printed and published weekly In the City of Seal Seach. County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2124n5, Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire Issue of said newspaper and not In any supplement thereof the following dates, to-wit: +/ I certify (or declare) under penalty of perjury that the foregoing Is true and correct. Dated at Seal Beach. California, this --L day of ~, 19~L ~a1i1U.i {1""".,.) Signature PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (213)430.7555 " /3~ Ordinance Number This space for for the County Clerk's Filing Stamp Proof of Publication of PUBLIC NOTICE/Summary Ordinance ............................ . A-~D. /S/i13 /$ , . . . , . . . . . . . . . . . . . . . . . . . . .~~ " SUM MARv'ff AYl!S: Doane. FanytIe, ,a;;, " Hastngs, LmIo, CIIIlINANCE NUIl8ER 'I!:N , . .......WIIan ~~eoII'. ... '. ~__I' ~:. \NOnI .2. . .. 'MbIIinClll1ld Ordinance Number _3 cif,tIii -....' C1Iy of SelII BeecIl, ~ II!I Ordinance Number lJ4~ wUI Emergency R"ponBt, COlt receive BtCond reading and be Recovery PIogram ..r&!l't a per. conaIdtr8d lor idopIIon II" 189- IOn who IIl1'1C1er ..1ritIuerice 01 ... ~ CiUiCiI:~ of Meln- en eIcoholIc ~ or anr ~, cI!!Y, Augm "2;~11181, ~ 01 or combination thereol, who..! 0iInarici Numlier; 1443 .. MI- negUgent operetion 01 a in~! I able In ...... fA' ..'cay, CIeItc. vehicle, boll. V88BtI ~~l City. ~1~'~i:l:~~'!tJ:i!IJ,' l!t~ CIII8td by" ntIuenct ..~'~. Ileacl.. tB!oPhoIlI (l1~I-2527, , ,..... In ' , ., ~ " - . Iy ClUB. rnr IncIdtnlllllwu..' '. . , .':;, ... , an appropriate eme!g'~cy DATED THIS '23rd day of July, r..ponse or any person ~ose .1l!91,. ,:, . . , ,_ In\an!IOnally wrongU crIm~ act Jciannall Yeo, C1Iy ClIIk ! p,.xtmit81y 'caus" an Incident ~ oll1tal iliacli' _ I ,.....In 1atI- 1lII_.. ~,_.."'.-"":"',.., '. I IlIIjlonse,.l!!!f~.1D,~ C1IYthe I Itlglllll,ll191. _ coslB oI.1l1l1f1d1nil pq~ ~:" NImlInIll SIaIIl8acII JoumaI. I Jng. reai:u8 and emergency 1midI-, cal servlc.. at the'scene 01 tha Incident, u well ,S pers~ni)el, cosll, 'Ordinance Number'1J43! _ Inlroduc8d lI.the . C1IY Councllllllllllng llf July 22. .1991: and'_ RIIdIng -'approved 'i1/ Il1e~volII: I Ordinance Number /3#',;$ PROOF OF PUBLICATION (2015.5 C,C,P,) STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printe.r of the SEAL BEACH JOURNAL, a newspaper of general circulation, printed and published weeklv in the City of Seal Beach. County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2/24/75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not In any supplement thereof on the following dates, to-wit; /I ";} i .Li-~ I.w. 'f ,;)- all in the year 19..2.L I certify (or declare) under penalty of perjury that the foregoing is true and correct, This space for for the County Clerk's Filing Stamp 1 Proof of Publication of PUBLIC NOTICE/Summary Ordinance ............................ . Dated at Seal Beach. California, this ..;).9. day of (it~f . 19j!,L ") , "' .'YI."'; .IJ.~ M'l. .II.L/..~ .-.. .4~' . p/(fPI.. ~~.MARY '::~' L1 ~lIlI&RiG" ... I!II- ItIIIIeV 1BI -IYV/,ff . ~PADGRAII , I "'~~'."l""" , OrdlninCilNulillllr .1~ of the \ ~ ci(S.irl!JiC!i,~ an! Emergine, -: Rlapon..;': COlt Recovery ~aili wllefiby an Indlvldull """ Ie under lie JnOu. enee of lI!l8lcillloac,,, or eny drug. or -~.1lI!IIIf, I'~oi. 'riigDgii!t)peiaiion' of e' riIotar whIc", .boal. -' or .. Craft i:iiIIecfbr lie \odIiilliCe pnIid,. matBIy -11ft bckIinll8d- , k1g In an ~ .emerge"" response br'l/ly pellOll whOle, kI\IIntIoIIIDy wrilngluI ~ ed proximately 08//S88 iii Incident li1sulllng In appllIpIIetI..oiig.ll;J lrwponst, s/I8I pay ., .. ~ .. IC08lII of pnMclInQ . IRlIlIh" ,~, __ end _llSlIOY:inicI- I caI HrvIc.. 81 the.8C8M of the , Incident, 'as weR' U 'p8l'sonn81 ,cOllI. Qrct!n~ce ~umll!lr 1!43 ~ --' i8idIg arid,_ Idapted It llelllll* cay CoIn:lI 1II8IIng aI ~ 1f, 1991ibr lie ,lDIIaiIot1gwirl: ' AYES: Dan. HadIgI, I.aszla, Mson ' NOES: NaIll ABSENr. FasyIle MIlIIan C8IItlId CopIee 01 Onha Number 1jI3 , IIIlYalletil.-ln lh8 oftIc8 of 1h8 CIly C1'rk,~CIty' HaJl, 211-81h Stre8l, ~aI 8ci~Ii; 18lePhcine (213)431-2527, DATEDTHIS 1311I dey of AuglBt, 1991, _" " Joenne M. Yto, ~ Qerk ~ III S8e1llIech Mgust 22, 1981, . , F\dnl~" SeelllIech JcuneL I PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (213)430-7555 'I