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HomeMy WebLinkAboutG11-77 . y Ordinance No. G11-77 AN ORDINANCE PROVIDING FOR THE DISPOSAL OF LOST AND STOLEN PROPERTY HELD BY THE ELGIN POLICE DEPARTMENT WHEREAS, it is necessary to establish procedures regarding the handling, disposal, destruction or reassignment of firearms or other deadly weapons and other property received or confiscated by the Elgin Police Department; and WHEREAS, the City of Elgin is a home rule unit within the meaning of the Constitution of the State of' Illinois of 1970; and WHEREAS, the regulation of the sale of municipal personal property is within the powers and functions of the City of Elgin as a home rule unit. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 9.55, entitled "Disposal of Lost and Stolen Property" be and is hereby added to the Elgin Municipal Code, 1976, as amended, to read as follows: "9.55 Disposal of Lost and Stolen Property low 9.55.010 Receipt of Property The custodian of lost and stolen property under the direction of the Chief of Police, shall act as custodian of all property seized or taken by the police. All officers and members of the department into whose possession may come any property seized or taken shall deliver the same at once with proper reports to the said custodian. If it is wanted for immediate use as evidence a report and inventory of the same shall be forwarded at once to the said custodian. Nothing contained in this Ordinance, however, shall be held to require the custodian to take possession of, or to make disposition of any property, the disposition or possession of which is otherwise provided by law. 9.55.020 Disposal of Property The custodian shall keep a record of all property which may be seized or otherwise taken possession by the Police Department. If such property is not claimed by the rightful owner thereof and possession surrendered to such owner within thirty days of the final disposition of judicial proceedings in connection with which such property was seized or otherwise taken possession of, or, in case there are no judicial proceedings, then such property shall not be claimed by the rightful owner thereof and possession surrendered to such owner within four months of such seizure or taking by the police, said custodian shall proceed to dispose of said property. If such property be deemed salable the custodian shall cause to be published in a daily newspaper of the city a notice of sale or public auction of such property describing in general terms and not by individual item and shall give notice that if such property Ammo be not claimed by the rightful owner or owners thereof within ten days from the date of such publication, such property '' will be sold by public auction at such place as the Chief of Police may direct and in such manner as to expose to the inspection of bidders all property offered for sale. However, any such unclaimed property, if deemed by the Chief of Police to be of use to any city department, may be retained for use of such department; any such unclaimed property deemed by the custodian to be unsalable shall be destroyed. 9.55.030 Disposal -- Perishable Property If any property seized or taken possession of by the police force shall be of a perishable nature or so bulky or of such nature as to make it dangerous or inadvisable to retain possession thereof, for the length of time needed, the custodian, upon certifying such fact to the Chief of Police, and setting forth his reasons why such property should not be retained for the period herein above fixed before disposition of the same shall with the approval of the Chief of Police, cause such property deemed by the custodian to be salable to be advertised forthwith in a daily newspaper of the city and shall sell such property at public auction at any time after three days have elapsed from the seizure or taking possession thereof except if any such property be deemed to be unsalable or dangerous shall be disposed of as refuse or other such reasonable manner as may be deemed by the custodian. 9.55.040 Disposal of Weapons None of the provisions of the preceding sections as to disposi- tion shall apply to revolvers, pistols, rifles, bowie knives, sling shots, metalic knuckles, or other deadly weapons of like character. A. Any such weapon or firearm turned over to the police department by court order shall be held 45 days before disposition. Any firearm found or otherwise turned over to the police department shall be held six months to attempt to find the owner before disposition. B. Any firearm or component part which may be used in training or as an additional weapon for the police department or for repair of a police department armory weapon shall be assigned a city inventory number and placed in the police department armory. Any firearm which is classified as being a collectors item or antique by the Chief of Police and not applicable for use in the armory shall be loaned to an appropriate museum as determined by the Chief of Police for display. All other weapons, firearms or component parts shall be melted, cut into pieces or otherwise totally destroyed and witnessed by the Chief of Police or his duly appointed deputy. The proceeds of any sale or sales so made after deducting the cost of storage, advertising, selling and other expenses incident to the handling or selling of such property shall be paid to the City Treasury." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage and approval. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: March 9, 1977 Passed: March 9, 1977 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Nancy Caspersen Nancy Caspersen, Acting City Clerk r