Sections:
8.56.020 - Fees; master fee schedule.
8.56.030 - Alcohol and drug intoxicated drivers; criminally negligent drivers.
The City shall establish user fees for the delivery of Oakland Fire Department fire and rescue services, personnel, supplies and equipment to the scene of motor vehicle accidents and other incidents on the highways ("emergency response user fees"), to be charged as permitted under Government Code Sections 53150, et seq. and this Chapter.
(Ord. No. 13029, § 1, 7-20-2010)
8.56.020 - Fees; master fee schedule.
The rate of emergency response user fees shall be that which is usual, customary and reasonable (UCR) as shown in "Exhibit A" to Ord. No. 13029, which may include any services, personnel, supplies and equipment, with baselines established by addendum to this document. The City Administrator may adjust such fees periodically to reflect changes in actual costs for such services. The Master Fee Schedule shall be amended to include emergency response user fees and amended periodically to update said fees.
(Ord. No. 13029, § 1, 7-20-2010)
8.56.030 - Alcohol and drug intoxicated drivers; criminally negligent drivers.
Emergency response user fees will apply and be charged to:
A.
Drivers who are non-residents and deemed "at-fault" by investigators at the accident scene, or otherwise determined to be responsible, for a motor vehicle accident requiring an Oakland Fire Department emergency response;
B.
Drivers who are under the influence of alcohol and/or drugs, and/or who engage in intentionally wrongful conduct, regardless of residency, that are liable for emergency response expenses under Government Code Section 53150, et seq.;
C.
Drivers who operate a motor vehicle in any criminally negligent manner, regardless of residency, who may not be liable for emergency response expenses under Government Code Section 53150, et seq.; and
D.
Utilities causing safety problems to highway areas in the event services are required relating to equipment problems of a utility that are/were the cause for an emergency services response, and if the area is deemed unsafe by emergency responders.
(Ord. No. 13029, § 1, 7-20-2010)
The user fee shall be charged to persons or entities identified in Section 8.56.030. The fees shall represent an add-on cost of the City's claim for damages of the vehicles, property and/or injuries. In the event services are required relating to utilities causing safety problems to highway areas, and if the area is deemed unsafe by emergency responders, the same billing process shall apply to said utility, whose equipment related problems are/were the cause for an emergency services response. For persons chargeable with expenses under Government Code Sections 53150, et seq., the City will, at its discretion, pursue collection of claim costs through all legal means. The claim costs against all other persons liable for charges under this Chapter shall be submitted to the insurer of the owner of a vehicle, owner of property, or responsible parties.
(Ord. No. 13029, § 1, 7-20-2010)
The City may make rules or regulations and from time to time may amend, revoke, or add rules and regulations, not consistent with this Section, as they may deem necessary or expedient with respect to billing for emergency response user fees or the collection thereof.
(Ord. No. 13029, § 1, 7-20-2010)