HomeMy WebLinkAboutORD NO 2355ORDINANCE NO. 2355
NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTIONS 5.16.010,
5.16.020, 5.16.030 AND 5.16.040 OF THE MUNI-
CIPAL CODE CONCERNING UNCLAIMED PROPERTY.
BE IT ORDAINED by the Council of the City of Bakers-
field, as follows:
SECTION 1.
That Section 5.16.010 of Chapter 5.16 of Title 5 of the
Municipal Code of the City of Bakersfield is hereby amended to
read as follows:
5.16.010 Storage of Property - Restoration to Owner - Dispo-
sition of Property Held as Evidence. All unclaimed personal pro-
perty in the possession of the Police Department shall be stored
in a safe place for a period of not less than six (6) months
except for bicycles and toys which must be stored not less than
three (3) months. The Clerk or person in charge of the property
section shall enter into a suitable book or otherwise permanently
record a description of every article received and shall imbed or
ingrave an identification number in property described in Penal
Code Section 537e for the purposes thereof. The Clerk or person
in charge of the property section shall restore such property to
its legal owner upon satisfactory proof of ownership and payment
of reasonably necessary costs incurred in the care and protection
thereof, unless such property is held by the Police Department as
evidence in a pending case, in which event it shall be disposed
of only on order of the proper court and/or in accordance with
Penal Code Sections 1407 through 1413, 1536 and 537e(b).
SECTION 2.
That Section 5.16.020 of Chapter 5.16 of Title 5 of the
Municipal Code of the City of Bakersfield is hereby amended to
read as follows:
5.16.020 Auction Sale of Property - Publication of Notice of
Sale - Exceptions. At any time after the expiration of the time
periods, as set forth in Section 5.16.010 of this Chapter, the
Chief of Police shall turn all such unclaimed personal property
over to the City Finance Department, who shall sell all such pro-
perty at public auction to the highest bidder. At least five
days prior to such sale, the Finance Director shall cause to be
published in a newspaper of general circulation in the City of
Bakersfield a Notice of the date, time and place of said auction.
Exceptions: This section shall not apply to (1) any
property which is being held in evidence in a pending case; (2)
any property which has not been properly marked in accordance with
Penal Code Section 537e; (3) to any property which is used or dis-
posed of in accordance with Section 5.16.040 of this Chapter.
SECTION 3.
That Section 5.16.030 of Chapter 5.16 of Title 5 of the
Municipal Code of the City of Bakersfield is hereby amended to
read as follows:
5.16.030 Expenses of Sale - Deposit of Proceeds. The expenses
connected with said sale shall be a proper charge against the pro-
ceeds of the sale and all net proceeds received from the sale shall
be delivered to the Finance Director, who shall deposit same in
the general fund of the City.
SECTION 4.
That Section 5.16.040 of Chapter 5.16 of Title 5 of the
Municipal Code of the City of Bakersfield is hereby amended to
read as follows:
5.16.040 Public Use of Unclaimed Property - Use of Bicycles
and Toys For Prevention of Juvenile Delinquency.
A. Any personal property which has been unclaimed for the
period of time specified in Section 5.16.010 of this Chapter and
transferred to the Finance Department, may, instead of being sold
at public auction, be retained by the Finance Depar~nent on behalf
of the City or any of its departments or agencies, and need not be
sold, when the Director of Finance determines that any such pro-
perty is needed for a public use. Upon such determination, the
property shall be added to the inventory as City property. If
such property is transferred to the Finance Department pursuant to
this section, such property shall not be redeemable by the owner
or other person entitled to possession.
B. Any bicycles or toys, or both, in the possession of the
Chief of Police, which have been unclaimed for a period of at
least three months may, instead of being sold at public auction,
be turned over to the County Probation Officer or to the County
Welfare Department for use in any program of activities to pre-
vent juvenile delinquency. In such event, such property shall
not be redeemable by the owner or other person entitled to pos-
session.
.......... o0o ..........
I HEREBY CERTIFY that the foregoing ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the 13th day of June , 1977, by the
following vote:
CITY'f~LERK and ~.. Off~czo. Cler~.~ ~o~ the
Council of the Ci/ty of Bamersrzela
APPROVED this ~pt~ da~ of June ,
M~0~,~/t~S Cfty of Bakersfield
1977
APPROVED as to form:
CI~-~-~JY o~ theCity o~ Bakersfield
AffiXave! of r uan es
STATE OF CALIFORNIA, }
County of Kern ss.
H. E. BERGEN, being duly sworn, deposes and says:
That he is the du~y appointed, acting and qualified City Cleric of the City of Bakersfield; and
that oa .................................J...~P~_.]:..~.,. ...........................................................,19....~.~. he posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on ........ ~..u...~.~......~.~..~ ......................................., 19...~.~.., which ordinance
was numbered ....... .2.~5P ..........New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD AMENDING SECTIONS
5.16.010, 5.16.020, 5.16.030 AND
5.16.040 OF THE MUNICIPAL CODE CON-
CERNING UNCLAIMED PROPERTY.
Subscribed and sworn to before me this
14th . _f June ,~ 77
day ~, ...........