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HomeMy WebLinkAboutOrdinance No. 2347 ORDINANCE NO. 2347 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA PROVIDING FOR THE DISPOSITION OF EVIDENCE, CONTRABAND AND UNCLAIMED, SURPLUS AND ABANDONED PROPERTY IN POSSESSION OF THE POLICE DEPARTMENT OF THE CITY OF AZUSA. SECTION 1. The City Council of the City of Azusa does hereby find, determine and declare that: A. The Police Department of the City of Azusa has in its possession contraband and evidence as well as unclaimed, surplus and abandoned property that it wishes to dispose of; B. It is the intention of this Ordinance to provide a method to dispose of all evidence, contraband and found, surplus and abandoned property in possession of the Police Department of the City of Azusa; and C. The procedures set forth in this Ordinance are consistent with all relevant state laws and administrative rules. SECTION 2. Chapter 8.32 is hereby added to the Azusa Municipal Code to read as follows: Chapter 8.32 DISPOSITION OF EVIDENCE, CONTRABAND AND UNCLAIMED, SURPLUS AND ABANDONED PROPERTY Sections: 8.32.010 DEFINITIONS. 8. 32. 020 CHIEF OF POLICE AS CUSTODIAN. 8.32.030 DUTIES AND LIMITATIONS OF CITY OFFICERS, EMPLOYEES AND AGENTS. 8.32.040 DISPOSITION OF STOLEN OR EMBEZZLED PROPERTY. 8. 32. 050 DISPOSITION OF EVIDENCE IN CRIMINAL CASES. 8.32. 060 DISPOSITION OF OTHER EVIDENCE. 8.32.070 UNCLAIMED PROPERTY. 8. 32.080 ABANDONED PROPERTY. 8. 32. 090 DISPOSITION OF DANGEROUS OR PERISHABLE PROPERTY. ' " LEK/ORD5340 �.. 8. 32.100 DISPOSITION OF WEAPONS. 8. 32.110 SURPLUS PROPERTY. 8.32.120 PROPERTY TURNED OVER TO THE CITY'S PURCHASING AGENT. 8.32.130 PROCEDURE FOR PUBLIC AUCTION. 8.32.140 DESTRUCTION OF PROPERTY. 8.32.150 UNCLAIMED CASH. 8.32.010. DEFINITIONS. The following definitions shall be applicable to this Chapter : A. "Abandoned Property" —Property that has been obtained by the Police Department as evidence in connection with a case or investigation which has not been reclaimed pursuant to the provisions incorporated in Section 8. 32.050 of this chapter. B. "Contraband" - Items that are illegal in and of themselves and items which are not illegal in and of themselves but have been determined by the Chief of Police to be made illegal by their use and connection with illegal activities. C. "Evidence" - Those items that are obtained by the Police Department in connection with a case or investi- gation, including that property which is or is suspected to be stolen or embezzled. D. "Physical Evidence" - Evidence consisting of but not limited to physical samples such as urine specimens, blood specimens, and bloodied clothing. E. "Surplus Property" - Property which rightfully belongs to the City but for which the City has no use. F. "Unclaimed Property" - Personal property which has been found and turned in to the Police Department which has not been reclaimed by the rightful owner or by the person who found and turned in the property after the period of retention has expired. 8. 32.020 CHIEF OF POLICE AS CUSTODIAN. The Chief of Police shall be the custodian of all evidence, contraband and unclaimed, surplus and abandoned property. -2- ' .LEK/ORD5340 8.32.030 DUTIES AND LIMITATIONS OF CITY OFFICERS, EMPLOYEES, AND AGENTS. (1) All City officers, employees, and agents have the duty to turn any personal property, which they know or have reason to believe is lost, stolen or abandoned over to the Chief of Police whenever they find such property within the City limits, or whenever they come into the possession of such property. (2) City officers, employees, and agents may not claim title to any property or money found and turned into the Chief of Police when the same is not reclaimed by the rightful owner. If such property is not claimed by the rightful owner, it must be turned over to the City Purchasing Agent. 8.32.040. DISPOSITION OF STOLEN OR EMBEZZLED PROPERTY. Stolen and embezzled property shall be disposed of as provided for in Chapter 12, entitled "Disposal of Property Stolen or Embezzled" of Title 10, entitled "Miscellaneous Proceedings" of Part 2 entitled, "Criminal Procedure" of the Penal Code, commencing with Section 1407 of the code, as the same may be amended from time-to-time. 8.32.050. DISPOSITION OF EVIDENCE IN CRIMINAL CASES. Evidence in criminal cases shall be disposed of as provided for in Chapter 13, entitled "Disposition of Evidence In Criminal Cases" of Title 10, entitled "Miscellaneous Proceedings" of Part 2 entitled, "Criminal Procedure" of the Penal Code, commencing with section 1417 of the code, as the same may be amended from time-to-time. 8.32.060. DISPOSITION OF OTHER EVIDENCE. A. All items of evidence which have not been disposed of pursuant to sections 8.32.040 or 8.32.050 may be disposed of in one of the following ways after the prescribed time period has elapsed: 1. The item may be turned over to the City' s Purchasing Agent who may dispose of it as set forth in Section 8.32.120 below; or 2. The item may be destroyed as set forth in Section 8. 32.140 below. 8.32.070. UNCLAIMED PROPERTY. A. All found and unclaimed property shall be held by the Police Department for a minimum of four months. This provision shall not -3- "LEK/ORD5340 \.. apply to animals subject to Chapter 10 of the Azusa Municipal Code. B. When the property is valued at fifty dollars ($50) or more, and no owner appears within four months and proves his ownership, the police department shall cause notice of the property to be published at least once in a newspaper of general circulation. If after seven days no owner appears and proves his ownership, the title vests in person who found the property subject to 8.32.030( 2) . If the property is valued at less than fifty dollars ($50) publication is not required and after four months title shall vest in the person who found the property subject to 8. 32.030( 2) . C. Property which has not been reclaimed at the end of this time period by the rightful owner, or if no rightful owner, by the person who turned in the property, shall be turned over to the City Purchasing Agent to dispose of as set forth in Section 8.32.120 below. 8.32.080. ABANDONED PROPERTY A. All abandoned property shall be held by the Police Department for a minimum of four months. This time computation may include the period of time in which the item is being held as evidence by the Police Department. B. Property which has not been reclaimed at the end of this time period shall be turned over to the City Purchasing Agent to dispose of as set forth in Section 8.32.120 below. 8.32.090 . DISPOSITION OF DANGEROUS OR PERISHABLE PROPERTY. The Chief of Police has the authority to care for items which are dangerous or perishable. The Chief of Police may take whatever mitigation measures he deems necessary if the item presents an immediate threat to the public health, safety and welfare. 8. 32.100 DISPOSAL OF WEAPONS. Weapons, both concealable and nonconcealable, shall be sold or destroyed as provided for in section 12028 of the Penal Code which is found in Chapter 1, entitled "Concealed -4- 'LEK/ORD5340 `.. �•� Weapons, " of Title 2, entitled "Control of Deadly Weapons, " of Part 4, entitled "Prevention Of Crimes And Apprehension of Criminals. " 8. 32.110 SURPLUS PROPERTY. All surplus property in possession of the City shall be turned over to the City Purchasing Agent to dispose of as set forth in Section 8.32.120 below. 8.32.120 . PROPERTY TURNED OVER TO THE CITY' S PURCHASING AGENT. All abandoned, unclaimed and surplus property turned over to the City' s Purchasing Agent shall be handled and disposed of in the following manner : A. If the Purchasing Agent determines that the property is needed for a public use of the City, it may be retained by the Purchasing Agent and put to such use. These uses include but are not limited to direct use by the City for City purposes and trade of any such items for other items to be used for City purposes. B. If the Purchasing Agent determines that the property is not needed for a public use of the City, the City Council may donate the property to non-profit entities in accordance with applicable law or the property may be sold at public auction pursuant to the procedures set forth in Section 8 below. C. If the Purchasing Agent determines that there is no public use for the property and the property does not sell at public auction, the Purchasing Agent may deem the item to have no value and order it destroyed. 8.32.130. PROCEDURE FOR PUBLIC AUCTION. A. The public auction shall be conducted by the Purchasing Agent of the City. B. The City Administrator shall cause notice of the auction to be published in a newspaper of general circulation in the county at least five days prior to the time of auction. The notice shall include the date, time and place of the auction as well as a general description of the items to be sold. C. Items shall be sold to the highest bidder . -5- 'LEK/ORD5340 •ftr, "' D. All proceeds from the auction shall be deposited in the City' s General Fund with an appropriate accounting of actual expenses incurred. 8.32.140. DESTRUCTION OF PROPERTY. A. The following items shall be destroyed once the period prescribed for by law in which the items must be held has elapsed: contraband; weapons unless converted to departmental use; hazardous chemicals; and other items which have been determined by the Chief of Police to be dangerous or illegal. B. The following items may be destroyed once the period prescribed for by law in which the items must be held onto has elapsed: physical evidence; items whose value is less than five dollars ($5) ; and items which have not sold at a public auction and which the purchasing agent deems to have no value. 8. 32.150. UNCLAIMED CASH. All unclaimed cash shall be deposited directly in the City' s General Fund at the end of the time period prescribed by law for which it must be held. SECTION 3. Resolution No. 6931, adopted and approved on August 4, 1980, is hereby repealed. SECTION 4. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this 30th day of March 1987. :irainL. Y. "NW-awe_ MAYOR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF AZUSA ) I, ADOLPH SOLIS, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 2347 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 16th day of -6- 'LEK/ORD5340 March , 1987. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 30th day of March , 1987, by the following vote, to wit: AYES: COUNCIL MEMBERS: AVILA, COOK, CRUZ , LATTA, MOSES NOES: COUNCIL MEMBERS: NONE ABSENT: CO NCIL MEMBERS: NONE / r / Z' ,; , , i ITY A7 ERK / ir -7-