ORDINANCE NO. 89-2

     AN ORDINANCE OF THE COUNTY OF CRAWFORD, MICHIGAN FOR THE PURPOSE OF REQUIRING THE PAYMENT OF COSTS INCURRED BY THE COUNTY OF CRAWFORD IN MAKING EMERGENCY RESPONSES TO MOTOR VEHICLE ACCIDENTS AND / OR ARRESTS INVOLVING DRIVERS WHO WERE OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGES AND / OR A CONTROLLED SUBSTANCE.

The County of Crawford ordains:

Section 1. Purpose

          The County of Crawford finds that a significant number of traffic arrests and traffic accidents in the County involve drivers who were operating a motor vehicle while under the influence of alcoholic beverages and / or a controlled substance. In addition, the County finds that in traffic accidents involving drivers who were operating a motor vehicle while under the influence of alcoholic beverages and / or a controlled substance there is a greater likelihood of personal injury and property damage. As a result of these determinations, a greater operational and / or financial burden is placed upon the Crawford County Sheriff's Office, and other rescue services, by persons who are operating a motor vehicle while under the influence of alcoholic beverages and / or a controlled substance.  

Section 2 Definitions used in this ordinance

(a)      Emergency Response shall mean:

(1)  The providing, sending and / or utilizing public service, police and rescue services by the County to an accident involving a motor vehicle where one or more of the drivers were operating the motor vehicle while under the influence of a alcoholic beverage or controlled substance or the combined influence of an alcoholic beverage and controlled substance; or

(2)  The making of a traffic stop and arrest by a police officer when the driver was operating the motor vehicle while under the influence of an alcoholic beverage or controlled substance.

(b)     "Expense of emergency response" shall mean the costs associated with the occurrence of an emergency response as set forth in Subsection (a)(1) or (a)(2), whichever is applicable, of this Section. The expenses of making an emergency response as set forth in Section (a)(2) of this Section shall include the costs connected with the administration, provision, and the analysis of any chemical tests and the videotaping of the driver, if applicable. These costs shall be set by resolution of the Crawford County Board of Commissioners.

Section 3

          (a)  Any person who, while under the influence of an alcoholic beverage or any controlled substance, or the combined influence of a alcoholic beverage and any controlled substance, operates a motor vehicle which results in a emergency response as defined in Section 2 of this Ordinance shall be responsible and / or liable for the expenses of the emergency response.

          (b)  For purposes of this Ordinance, it shall be presumed that a person was operating a motor vehicle under the influence of an alcoholic beverage if chemical analysis of the driver's blood, urine or breath indicates that the amount of alcohol in the driver's blood was in excess of 0.07%.

Section 4

          This Ordinance shall be construed to be a responsibility and liability of a civil nature on the part of the driver and shall not be construed to conflict, contravene or enlarge or reduce any criminal liability or responsibility including fines imposed by a Judge under the Michigan Vehicle Code on a driver for operating a motor vehicle while under the influence of a alcoholic beverage and / or controlled substance.

Section 5

          All Ordinances or part of Ordinances inconsistent with the provisions hereof are hereby repealed.

          This Ordinance shall take effect when notice of the adoption is published in a newspaper of general circulation.

I, ELIZABETH H. WIELAND, Clerk of the Board of Commissioners for the County of Crawford do hereby certify that the above and foregoing is a true and copy of an ordinance adopted by the Crawford County Board of Commissioners at a regular session held on Thursday June 22, 1989.

          /s/
Elizabeth H. Wieland
Clerk/Register of Deeds

 

Ordinances

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