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
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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.~
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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
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on the 'pa~f the C~ty of Bakersfield, ·
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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
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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.'
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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.