G56-13 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