HomeMy WebLinkAbout15. Accident Response Fees
AGENDA MEMO
DATE:
May 24, 2011
TO:
Mayor and Members of the City Council
FROM:
Gerald M. Caton
City Manager
SUBJECT: Report to the City Council on Accident Response Fees
RECOMMENDATION
City Council to consider whether or not to direct city staff to prepare an ordinance that
would allow the City of Downey to require non-residents to reimburse the City for the
costs of sending emergency responders to accident scenes occurring within the city
limits.
DISCUSSION
Council Member Guerra requested staff to look into establishing a fee since a growing
number of municipalities are charging accident response fees when police, paramedic
or fire department personnel respond to a traffic accident. These fees vary in each
jurisdiction, but in many cases the charges are imposed on non-residents, regardless of
fault. When such an ordinance is in place, the non-resident’s insurer will pay the cost,
but if the insurer fails to pay, the non-resident will be responsible for the fee.
Currently, under State law, emergency response fees may be recovered in the following
circumstances:
1) From a driver of a motor vehicle whose negligent operation of a vehicle
resulting in an emergency response was the result of being under the
influence of drugs or alcohol (Government Code Sections 53150-53156);
2) From a driver who drives a motor vehicle in a closed area where there is a
rise in water resulting in the need for emergency response for search and
rescue (Government Code Section 53159); and
3) From a person who negligently or intentionally sets a fire requiring
emergency response for fire suppression and emergency medical services
(Health & Safety Code Section 13009);
The cities of Costa Mesa, Fullerton, Huntington Beach, Garden Grove and Santa Ana,
among others, have ordinances which charge fees for accident-related emergency
response services. Other cities such as Sacramento, Roseville and Oceanside have
repealed their existing accident response fee ordinances.
CITY OF DOWNEY, CALIFORNIA
Page 2
The Downey Police Department currently charges a fee for emergency response for
DUI incidents and traffic collision investigation reports. The Downey Fire Department
currently charges for incident reports, Fire Department responses to DUI incidents
(when initiated by the Downey Police Department), and non-resident paramedic service.
Non-resident paramedic service is a fee charged to all non-residents for Fire
Department emergency response and the administration of treatment. The Fire
Department also charges for Advanced and Basic Life Support transportation.
In December 2010, State Senator Tony Strickland introduced Senate Bill 49 which
would have prohibited any city, including a charter city, from charging a fee to any
person, regardless of residency, for the expense of emergency response. The City
Attorney has been monitoring the status of this bill since January 2011 and reports that
Senate Bill 49 failed to pass in the Senate Public Safety Committee on May 3, 2011.
The City Council is asked to discuss this matter and provide direction as to whether or
not to prepare an ordinance that would permit the City to collect from non-residents the
cost of emergency responders at traffic accidents occurring in the city limits. If the City
Council so directs, city staff will research the ordinances in other cities and return with
an ordinance for the Council’s consideration.
FISCAL IMPACT
Imposition of a non-residential accident response fee will result in additional revenue to
the General Fund.