G11-77 . 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
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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
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