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Ordinance 2715CITY OF ALEDA ORDINANCE NO. New Series 2715 AMENDING THE ALEDA MUNICIPAL CODE BY REPEALING SECTION 2 - 63 (LOST / STOLEN AND UNCLAIMED PROPERTY) OF ARTICLE V (ADMINISTRATIVE PROCEDURES AND POLICIES) OF CHAPTER II (ADMINISTRATION) IN ITS ENTIRETY AN REPLACING WITH REVISED SECTION 2-63 (LOST STOLEN AND UNCLAIMED PROPERTY), OF ARTICLE V (ADMINISTRATIVE PROCEDURES AND POLICIES) OF CHAPTERI I (ADMINISTRATION) BE IT ORDAINED by the Council of the City of Alameda that: Section 1 The Alameda Municipal Code is hereby amended byrepealing section 2 - 63 (Lost / Stolen and Unclaimed Property) ofArticle V (Administrative Procedures and policies) of Chapter I I (Administration) in its entirety. Section 2 The Alameda Municipal Code is hereby amended by adding a revised section 2-63 (Lost, Stolen and Unclaimed Property)to Article V (Administrative Procedures and Policies) of ChapterI I (Administration) thereof to read: 2 -LOST, STOLEN, AN UNCLAIMED PROPERTY. 63.Chief of Police to be Custodian. The Chief of Police shall be the custodian of all lost / stolen and unclaimed property which may now be in his/her possession or under his/her control/or which may hereafter come into possession of any Police Officer. 2 - 63.Duty of Officer Receiving Property. Every Police Officer / upon taking or receiving into his/her custody / in the discharge of his/her duty any money or property shall deliver such money or property to the Chief of Police / who shall particularly register all such property delivered to orrecei ved by him/her kept for that purpose, stating the name of the person from whom, and by whom, such article or parcel shall have been taken, the name of all claimants of each article or parcel, the time of seizure, and the final dispositions thereof. 63.Duty to Report Property in Possession. The Chief of Police shall, at the expiration of each fiscal year , make a report to the Council of all lost stolen and unclaimed property which may be in his/her possession or underhis/her control. 2 - 63.Disposi tion of Property Taken From Prisoner. Whenever money or property shall have been taken from a person on suspicion that such person feloniously obtained the same / if upon examination of the person suspected, the examining magistrate shall be satisfied from the evidence that he/she is innocent / andthat the money. or property rightly belongs to him/her / suchmagistrate shall/in writing / order the Chief of Police or officer having charge of such money or property to return the same to the person accused. 63.Unclaimed Personal Property In Hands of Police Department. All unclaimed personal property in the possession of the Police Department shall be stored in a safe place by the Chief of Police for at least three (3) months. During this period , the Chief of Police shall restore such property to its legal owner upon proof of such ownership satisfactory to him/her and upon the payment of all reasonable necessary costs in the care andprotection thereof / unless such property is being held by the Police Department as evidence in a pending case. 63.Unclaimed Personal Property.Notice of Sale or Transfer. At any time after the expiration of said three (3) months period for the retention of unclaimed personal property, the Chief of Police may publish once in a newspaper of general circulation inthe City of Alameda: a) a notice of his/her intention to sell at a public auction at the time therein specified, certain unclaimed personal property or b) a notice of his/her intention to transfer to the City Finance Director / or his/her designee, at the time therein specified, certain unclaimed personal property for disposal or sale by said City Finance Director. 63.Unclaimed Personal Property. Sale or Transfer. The sale or transfer to the City Finance Director, or his/her designee, shall be made not less than five (5) days after the publication of said notices. In the case of a sale (by the Chief of Police or City Finance Director, or his/her designee) each itemshall be sold at public auction to the highest bidder. In the case of a transfer to the City Finance Director, or his/her designee, such property shall not be redeemable by the owner or other personentitled to possession. If the City Finance Director, or his/her designee, determines that any such property is needed for a public use by the City, or a nonprofit corporation which has entered into a written agreement with the City or received a grant from the Cityto provide public services, or any other public agency, such property may be retained or transferred to such public agency for such public use / and need not be sold. 2 - 63.Expenses and Proceeds of Sale. The expenses connected wi th such sale and storage of unclaimedproperty / when such unclaimed property is subj ect to forfeiture proceedings under California Health and Safety Code Section 11470/shall be proper charge against the funds of the Police Department. All proceeds received from such sale shall delivered to the City Finance Department for deposit in the Police Department I s Fund. The expenses connected with the sale and storage of all other property under this section shall be a proper charge against theCitys General Fund. All proceeds received from such sale shall be delivered to the City Finance Department for deposit in the CityGeneral Fund. 63.Unsold Items. The Chief of Police and/or City Finance Director / or his/herdesignee, shall report any items remaining unsold after said public auction to the City Manager who shall instruct said Chief of Police and/or City Finance Director, or his/her designee, what disposition shall be made thereof as he/she may see fit in the public interest. 63-Third Party Claims. The Justice of the Peace for the City may hear and determine any complaint made by a person interested in the disposition of any money or property mentioned in this section / and may / upon hearing direct the delivery of any money or property or the payment of the proceeds of the sale of any property to the person entitledthereto. Section If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconsti tutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each section,subsection, sentence, clause / and phrase thereof , irrespective of the fact that any one or more sections, subsections, sentences, clauses / or phrases be declared invalid or uTIconsti tutional. Section 4 This ordinance shall be in full force and effect from and after the expiration of thirty ' (30) days from the date its final passage. Attest: PtlCity Clerk 1/ the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 2nd day of January , 1996/ by the following vote to wit: AYES:Councilmembers Arnerich, DeWitt, Lucas, Mannix and President Appezzato - NOES:None. ABSENT:None. ABSENTENTIONS:None. IN WITNESS / WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 3rd day of Januarv , 1996. ~~~ i&. g: Dial B. Felsch, City Clerk City of Alameda