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HomeMy WebLinkAboutG56-13 Ordinance No. G56-13 AN ORDINANCE AMENDING CHAPTER 2.52 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "POLICE DEPARTMENT" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1: That Section 2.52.030 of the Elgin Municipal Code, 1976, as amended, entitled "Chief; Powers and Duties; Custodian of Unclaimed Property" be and is hereby further amended to read as follows: "J. The chief of police is designated as the custodian of lost or stolen property subject to the following regulations: 1. If said property is not claimed by the rightful owner within sixty (60) days, or in case of seizure by a police officer in connection with any court proceeding, within thirty (30) days of the termination of such proceeding it is not so claimed, said custodian shall cause such property to be sold either through a police department authorized online auction service, or at public auction to the highest and best bidder for cash in hand. A full description of the property and the time, place and method of such sale shall be published on the city's website not less than ten (10) nor more than fifteen (15) days prior to said sale, and he or she shall also post in three (3) public places within the city a copy of the notice so published. The proceeds of any sale or sales so made after deducting the cost of storage, advertising and other expenses incident to the handling and sale of such property, shall be paid over to the city treasurer as a part of the general fund. 2. If such property remains unsold for a period of ninety (90) days after the date of its delivery to said custodian, or for a period of thirty (30) days after the termination of any court proceeding as above referred to, the city may claim the same for its use by resolution of the council duly adopted. 3. If such property or any item thereof is dangerous or bulky or of a perishable nature, said custodian may, with the approval of the mayor, cause such property to be advertised and sold upon three (3) days' notice in the manner above provided. 4. If such property is offered for sale twice and remains unsold or is not claimed by the city as above provided, the custodian shall cause the same to be destroyed or given for charitable purposes. 5. Nothing in this subsection shall be construed to apply to any stolen property, the disposition of which is otherwise provided for by law, including motor vehicles and animals to be impounded, nor to any gambling device, nor to any bowie knife, dirk, slingshot, metallic knuckles or other deadly weapon of like character, but all such weapons shall, within six (6) months after their receipt, be completely destroyed by said custodian." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. David J. Kapt ' , May Presented: December 18, 2013 Passed: December 18, 2013 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: December 18, 2013 Published: December 19, 2013 U0 Attest: imberly Dewis, City Clerk