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Enclosure #. 2., <br /> <br />City of Martinsville, Virginia <br /> <br /> Ordinance No. 2004-5 <br /> (City Code Section 12-11) <br /> <br />BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in Regular Session held <br />on March 9, 2004, that Section 12-i1 of the Code of the City of Martinsville be, and hereby is, <br />amended to read as follows: <br /> <br />Sec. 12-11. Violations of chapter generally; reimbursement of expenses incurred in <br />responding to DUI and other traffic incidents. <br /> <br /> Unless otherwise specifically provided, a violation of any provision of this <br />chapter shall constitute a traffic infraction. <br /> <br /> (a) In addition to any other penalty provided by the Code of Virginia or this <br />code, any person convicted of violating any of the following provisions shall be liable <br />in a separate civil action for reasonable expenses incurred by the City or by any <br />volunteer rescue squad, or both, when providing an appropriate emergency <br />response to any accident or incident related to such violation: <br /> <br />(1) The provisions of Code of Virginia §§ 18.2-51.4, 18.2-266 or § 29.1- <br /> 738, or a similar ordinance, when such operation of a motor vehicle, <br /> engine, train or watercraft while so impaired is the proximate cause of <br /> the accident or incident; <br /> <br />(2) The provisions of Code of Virginia Article 7 (§ 46.2-852 et seq.) of <br /> Chapter 8 of Title 46.2 relating to reckless driving, when such reckless <br /> driving is the proximate cause of the accident or incident; <br /> <br />(3) The provisions of Code of Virginia Article 1 (§ 46.2-300 et seq.) of <br /> Chapter 3 of Title 46.2 relating to driving without a license or driving <br /> with a suspended or revoked license; and the provisions of Code of <br /> Virginia § 46.2-894 relating to improperly leaving the scene of an <br /> accident. <br /> <br /> (b) Personal liability under this section for reasonable expenses of an <br />appropriate emergency response shall not exceed $1,000 in the aggregate for a <br />particular accident or incident occurring in such locality. In determining the <br />"reasonable expenses," the City or the responding volunteer rescue squad may bill a <br />flat fee of $100 or a minute-by-minute accounting of the actual costs incurred. As <br />used in this section, "appropriate emergency response" includes all costs of <br />providing law-enforcement, fire fighting, rescue, and emergency medical services. <br />The provisions of this section shall not preempt or limit any remedy available to the <br />Commonwealth, to the City or to any volunteer rescue squad to recover the <br /> <br /> <br />