2015/10/27 City Council Ordinance 891ORDINANCE NO. 891
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING ROHNERT PARK MUNICIPAL CODE SECTION 9.46.070 (LIMIT ON
LIABILITY FOR EMERGENCY RESPONSE COST RECOVERY)
WHEREAS, Rohnert Park Municipal Code ( "RPMC ") sections 9.46.010 — 9.46.080 (Costs of
Emergency Response) allow the City to recover the costs of emergency response from persons
whose conduct creates the need for such response, if the conduct was intentional or if the need
for the emergency response was caused by that person's negligent operation of a motor vehicle
or aircraft due to the influence of drugs or alcohol; and
WHEREAS, RPMC section 9.46.070 currently limits a person's liability for the costs of
emergency response to $1,000.00 per incident; and
WHEREAS, under Government Code Section 53155 allows the City to recover emergency
response costs up to $12,000.00 per incident; and
WHEREAS, the City has on some occasions been unable to recover its entire costs of
emergency response due to the current $1,000.00 personal limit per incident under RPMC
section 9.46.070; and
WHEREAS, the City will have a better opportunity to recover the full costs of emergency
response within the scope of the law by removing the limitation on cost recovery provided under
RPMC section 9.46.070.
NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain as follows:
Section 1. Approval of amendment to Section 9.46.070 of the Rohnert Park
Municipal Code. The City hereby approves the amendment of Section 9.46.070 of the Rohnert
Park Municipal Code in a substantially similar form as attached as Exhibit A.
Section 2. The City Council hereby declares that every section, paragraph, sentence,
clause, and phrase of this ordinance is severable. If any section, paragraph, sentence, or clause
of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining sections,
paragraphs, sentences, clauses, or phrases.
Section 3. Effective Date. This ordinance shall be in full force and effective 30 days
after its adoption.
Section 4. Publication. The City Clerk is directed to cause this ordinance to be
pushed in the manner required by law.
This Ordinance was introduced on by the City Council of the City of Rohnert Park on October
13, 2015, and adopted on October 27, 2015 by the following roll call vote:
AYES: Five (5) Councilmembers Callinan ,Mackenzie,Stafford,Belforte,
and Mayor Ahanotu
NOES: None (0)
ABSENT: None (0)
ABSTAIN: None (0 )
VA
T Anne M. Buergler, City Cler
Attachment: Exhibit "A"
VED AS TO FORM:
WehM- le Marched, Kenyon
City Attorney
(2)
CITY OF ROH RT PARK
k �lr
Amy O. Ahanotu, Mayor
Exhibit A
Amendments to Section 9.46.070
Chapter 9.46
9.46.070
In no event shall a person's liability under this chapter for the expense of an emergency response
exceed the amount provided in California Government Code section 53155, as that section may
be amended or recodified from time to time.
(3)