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HomeMy WebLinkAboutORD NO 168ORDINANCE NO. '/~ ~ NEW S~ERIES. AN ORDINANCE PROVIDING FOR THE CON- FISCATION AND FORFEITURE OF VEHICLES USED FOR THE POSSESSION OR TRANSPORTA- TION OF INTOXICATING LIQUOR WI THIN THE CITY OF BAKERSFIELD, AND PROVIDING' FOR THE METHOD OF CONFISCATION AND FORFEITURE ~F SUCH VEHICLES, AND REPEAL- ING ORDINANCE NO. 142 NEW SERIES AND ALL OTHER ORDINANCES AND PARTS. OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE COUNCIL OF THE 'CITY OF BAKERS- FIELD, AS FOLLOWS: SECTION 1. For the purpose of this ordinance the following words and phrases shall have the meaning as in this section set forth: (a) The words "intoxicating liquors" or intoxicating liquor" wherever used in this ordinance, shall be construed to include any distilled, malt, spirituous, vinous, fermented or alcoholic liquor, which contains more than One-third of one per cent, by volume of alcohol, and all alcoholic liquids and compounds whether proprietary, patented or not, which are potable or capable of being used as a beverage, and which contain more than one-third of one per cent, by volume of alcohol. (b) 'A "bona fide claimant" shall for the purpose of this ordinance be. held to. mean and include an~ °person-~-fi~m or corporation or assigns of either whose claims have bee ere ted ithout the .~r having notlce....~t~hat.the veh~'~" :W~s being used for the tllega~ transportation or Possession of'=:'~ntoxi~ating liquor, or was to be used for the illegal -~- transportation or possession of. intoxicating liquor. (c) "KnOwingly" shall be deemed to mean, having.actual knowledge of the fact or having"reasonable groundS....='.~o believe such to be the fact. (d) Words of the singular number shall be deemed to include their plurals and words of the masculine gender shall be deemed to include the feminine and neuter as the case may (e) The word "person" wherever Used in this ordinance shall be construea to mean and include natural persons, firms~ co-partnerships, corporations,. clubs and all as.socia- tions or combinations of persons, whether acting by themselveA' or by a servant, agent or employee. (f) The word "owner" shall for the purpose of this ordinance.be held to mean and include any legal owner or registered'owner of any vehicle or both such owners. SECTDON This ordinance shall be deemed to be a Penal Ordi- nance and is enacted for the express purpose of carrying Out in a~n..i.effective manner the provisions of Ordinance No. 168 · .'~" by the Council of the City of B~kersfield on Ne~Ser. ies, passed and adopted/April 30th, 1923, entitled "AN ORDINANCE PROHIBITING THE MANUFACTURE, SALE, STORAGE, SERVING, GIFT, TRANSPORTATION, IMPORTATION OR EXPORTATION' AND POSSESSION OF INTOXICATING LIQUORS FOR BEVERAGE PURP(E ES; REGULATING -~LL OTHER TRAFFIC IN SUCH LI ~J'O~S; CREATING A. FUND FOR TEE ENFORC~ENT THE_,RE~F; AND. PROVIDING PENALTIES FSR VIOL-~!~ION. HEREOF, AND REPEALING ORDINANCES No. 64 New. ..... Series., ..-t-~9~e~.Serie~ ~' and O~'dinan~e' NO~ "i5~' ~ ~~" ~'~ the City of Bakersfield and all other ordinances and parts of ordinances in conftie~. herewith." · SECTION Whenever any police'officer of the City of field shall discover any person having any intox'~c~ating liquor in any wagon, bhggy, automobile, water Or air ~raf$.,..o~'in any other vehicle contrary to the provisions of Ordinance No. 165 New Series, passed and adopted by. the Council of the City of Bakersfield on. the SOth day of April, 1923, shall be hts duty to seize such wagon, buggy,· automobile, water or air craft, or other vehicle and deliver the possession thereof to the Chief of Police of the City of Bakersfield. SECTION 4. SECTION Whenever any wagon, buggy, automobile or other vehi- cle shall have been seized as provided herein, and upon the trial and conviction or-aoplea of guilty of such person in the Police Court of the City of Bakersfield, charged with the offense of possession or transportation of intoxicating liquor; such wagon, buggy, automobile or other vehicle so seized shall be deemed to be a nuisance and shall be forfeited or confiscated, ·and sold as hereinafter provided. The Court shall' after such trial and conviction, or a plea of guilty, as aforesaid' shall cause an order to show cause to be published for ten· consecutive days in a daily newspaper of general circulation, printed and published in said City and most likely to give notice to persons inter- ested in said vehicle, which order shall direct any and all ---persons interested~'~n-said-vehi-cle to 'appear 'before".'s.aTd ~ourt at a date not less than fifteen (15) days after the firs.t ~blication thereof to then and there 'show cause if any hy said vehicle should not be confiscated and forf~.i/ted.~ --3-- " "!"":~' "" '':'~ The Court shall in addition to the publication as her..ein provided, Cause a copy of the order to show cause 'to-'.'.'.~/~'~a~l~d · to the owner at his last known a~dre'ss, and shall deposit said copy of the order to show cause, in the postoffice, with postage ·prepaid thereon at least fifteen (15) days before the hearing. SECTION 6. · At the time for the hearing of the orde*~i~o show cause, and it appearing to the satisfaction of said' 'court that there are bona fide claimants, as defined herein, the court shall order the property confiscated and be sold at public auction as provided herein. And it is .-further provided, that if at the time fixed in the order to show cause no bona fide claimants appear or do not 'establish their claims, and the court being satisfied there are no bona bide claimants as defined herein, shall order said vehicle forfeited to the City of Bakersfield, and shall order the possession thereof delivered to the City Manager of the City of Bakersfield.' Provided fUrther, that if at the time fixed in' the order to show cause-it appears to the satisfaction of said · court that the vehicle was stolen or taken without the owner's consent either express or implied, at the time said vehicle was seized as p~ovided herein, then in that event said vehicle so seized shall be returned to said owner. Provided further, that- if it appears to the satisfac- tion of~ said court that the amount of claims filed by Bona Fide claimants exceed the value of said vehicle, or that said vehicle is not of sufficient value .to 'justify the cost of confiscation, then' in that event said vehicle may be returned to tE~,wner thereof without any further action or proceeding · ~.~ .~.. . on the 'pa~f the C~ty of Bakersfield, · _~,' .~.. .;.-.. .. ,, .' . ~.,: ~.~;~............ :.~ ,~... ."-~.: .~' .,.~.,~'. .~ . ~..... .. -~ .: .~;.~....": .-. ~ 'L. · _ ~. ,=..~-~.~' -~i - ~ .. _.~'_:.~ ,~. ~ ~- ~.~ ~ SECTION SECTION 8. SECTION 9. , Notice of sale of property so seized and confiscated shall be published for at least ten days in a daily newspaper of general circulation, printed and published in said City and most likely to give notice of said sale and said notice shall be substantially in the following fom: NOTICE· OF SALE OF PROPERTY ORDERED CONFISCATED. NOTICE IS HEREBY GIVEN that Police of the City of Bakersfield, ·County of Kern, State California, has sold for cas~ at Public Auction tobe ordered the ollowing properSy to confiscated and the highest bidder, ' Said sale will be held at o'clock ~';~.-~M.., on day of 19 , at the Oorporation~~; . lSlg S Street, in the Uity of Bakersfield, State:'~~'- · California. CITY MANAGER of the City of 5akersfield. Said sale shall be conducted by the City Manager of said City and shall be sold for cash to the highest bidder and a~te deducting the expenses of keeping the proper%y and· the cost of sale, shall pay all bond fide claimants'in the ora~F of their priority and shall deposit twenty-five (25%) per cent of the balance remaining into the Prohibition Inforcement Fund of said Cityas created by Ordinance No. 18S New Series of said C~ty. The balance remaining shall be deposited into the general fund of the City of Bakersfield. Whenever any wag6~buggy,.~au-tom~b~I~e. Or-"'r-.".: '. other vehicle shall have been seized as provided herein said vehicle shall be. returned to the ovmer upon execution.by .him of a good and valid bond with good and sufficient sureties in a' sum double the value of the property,. which bond shall be approved by the Police .Judge of said Ci~y of Bakersfield and shall be conditioned to return said p~operty tO the SECTION' 10. custody of the Chief of Police on the date of the trial to It shall be unlawful for an~ person'.t'~ 'knowingly permit the use of any property,' real or personal',':owned or." controlled by said person, for the purpose of, or as a means of violation of this ordinance, and for violation' hereof person shall be deemed guilty of a misdemeanor a~'shall be punishable by a fine not exceeding five hundred dol'l~a~Psjor by imprisonment in the County Jail for six months or '~oth such fine and imprisonment. SECTION 11. Whenever any officer of the City of ·Bakersfield shall discover my parapher. nalia, equipment or materials used in and about the preparation, making,' manufacturing or.. s~elling .......~ .--._ .~ . .....~..~ of intoxicating liquor, contrary to the pro~is~ons'~!~s s, · ' O~~oe~X-~ ~h~ ~e ~ ~ ~o ~e~e ~e e~me ~ ~e~'~e~ all paraphernalia, equipment or materials so seized into the possession of.the Chief of Poli'ce of said City, and shall furnish said Chief of Police an itemized statement of all ~.·..paraphernalia, equipment and materials so seized, SECTION 12, If any section, subsection, sentence', clause or ph~e of this ordinance is for any reason held to be unconsti- tutional or invalid, such decision shall not affect the remain- ing portion of t~ai-s ordinance. The·City Council hereby declares that it would have passed ~his ordinance and each section and subsection thereof irrespective of the fact that any one or more of. the sections, sUb-sections, sentences, ~j~'61auses or phrases be declared unconstitutional 0r ~a~lid.' _ .. ::....~ :..=.,.~ .~~--. ... ....: · .... ...... ~t i". " .. ~ ~: ... "'.." BECTION 13. That Ordinance No. 142 New Series, relating to the confiscation and forfeiture of vehicles used for and transportation of intoxicating liquors, and all other ordinances and parts of ordinances in conflict herewith of the City of Bakersfield, are hereby expressly repealed. I HEREBY. CERTIFY that the foregoing Ordinance wai~--:~..~.: Ayes-Aus ' , Baer, Carlisle, Carlock, Griffith, Haherfelde. Stone~.;:~:< · ~ity Oter~~an~lerk of the Council of the City of Bakersfield, California.. APPROVED this 7 day of Mayor' of the field, California.