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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 ~, ...........