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ORDINANCE 6174079 ORDINANCE NO. 617 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING "EL SEGUNDO CITY CODE, 1958, "BY AMENDING CHAPTER 4 OF SAID CODE BY ADDING THERETO, ARTICLE III, ENTITLED, "AUCTION AND DISPOSAL OF UN- CLAIMED PROPERTY IN POSSESSION OF THE POLICE DEPARTMENT." THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALI- FORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 4 of "The Code of the City of El Segundo, California, 1958,' is amended by adding thereto, "Article III, " Sections 4. 22 through 4. 31, which shall read as follows: "ARTICLE III "AUCTION AND DISPOSAL OF UNCLAIMED PROPERTY IN POSSESSION OF THE POLICE DEPARTMENT "SEC. 4.22. POLICE CHIEF TO RECEIVE FOUND PROPERTY AND MONEY. The police chief shall make pro- vision for receiving and safekeeping found property and money delivered to him or coming into his possession. A receipt shall be issued to the person delivering such property or such money. "SEC. 4.23. HOLDING AND DISPOSAL OF UNCLAIMED PROPERTY. Such property, except unclaimed bicycles, shall be held in a safe place and such money deposited with the Direc- tor of Finance for a period of at least six months, and unclaimed bicycles shall be held for a period of at least three months, unless sooner claimed by the true owner, and shall then be deemed to be unclaimed property or unclaimed money, subject to disposal as provided in this Article. "SEC. 4.24. TRUE OWNER MAY CLAIM PROPERTY OR MONEY. During such time as any such property or money is so held, it may be delivered or paid to the true owner. Such prop- erty shall be delivered upon proof of ownership satisfactory to the police chief after ten days'notice by mail to any others who have asserted a claim of ownership, at any address given by such persons. Such money shall be paid to the true owner upon written order to the Director of Finance from the police chief. The police chief shall make such order upon the same proof of ownership and with the same notice as prescribed in the case of property. If ownership cannot be determined to the satisfaction of the police chief, he may refuse to deliver such property or order the payment of such money to anyone until ordered to do so by a court. "SEC. 4.25. FINDER MAY RECLAIM PROPERTY OR MONEY. If the true owner does not appear during the time such property or money is so held, and claim the property or money, it may be delivered back to the finder, other than a city employee who found the same while performing his regular duty, if such finder has served written notice upon the city that he wishes to -1- 4080 1 rrassert a claim to the property or money as a finder, and if he has complied with the requirement of the Civil Code govern- ing the duties and obligations of a finder. "SEC. 4.26. UNCLAIMED MONEY TO BE DEPOSITED IN GENERAL FUND. All money so received by the police chief and not delivered to the true owner during a six -month period or the finder, shall thereafter be deposited in the general fund. "SEC. 4. 27. UNCLAIMED PROPERTY TO BE USED BY CITY OR SOLD AT AUCTION. Upon expiration of the initial three or six -month period, as such may be applicable, any prop- erty so received and not delivered to the true owner or finder may be appropriated to the use of the City of El Segundo upon order of the City Manager, and such property not appropriated to city use may be sold at public auction to the highest bidder. Notice of any such sale shall be given by the police chief at least five days before the time fixed therefor by at least one publication in a news- paper of general circulation within said city. "SEC. 4. 28. PROCEEDS TO BE DEPOSITED IN GENERAL FUND. After such auction is completed the Director of Finance shall deposit the proceeds of the auction in the general fund. "SEC. 4.29. UNSALABLE AND UNUSABLE PROPERTY. Any property advertised and offered for sale but not sold and not suitable for appropriation to the use of the city shall be deemed to be of no value and shall be disposed of in such man- ner as the City Manager directs. "SEC. 4. 30. DANGEROUS OR PERISHABLE PROPERTY. Any property coming into the possession of the police chief which he determines to be dangerous or perishable may be disposed of immediately, without notice, in such manner as he determines to be in the public interest. "SEC. 4. 31. ARTICLE NOT APPLICABLE. The provi- sions of this Article shall not be deemed to apply to property sub- ject to confiscation under the laws of the State of California or of the United States of America, and shall apply to property held as evidence only when the same is unclaimed by any person and no other provisions of law are applicable concerning its disposition.'` SECTION 2. That this ordinance shall become effective at mid- night on the thirtieth day from and after the final passage and adoption thereof. SECTION 3. That the City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall, within fifteen days after the passage and adoption thereof, cause the same to be published once in the El Segundo Herald, a weekly newspaper of general circulation, published and circulated within said City of El Segundo, and which is hereby designated for that purpose. -2- 4081 Passed, approved and adopted this 3rd day of Febru- ary, , 1964. ATTEST: 4-r-4=- City Clerk (SEAL) Mayor of the City bf El Segundo, California. pro tempore -3- 4a81 -A STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) CITY OF EL SEGUNDO. ) I ...... F,UNJCE.u.. aCREAso N . 0. o , City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being Ordinance No. .Q17....... is a full, true and correct original of Ordinance Noo ..6170.. o . of the said City of El Segundo, California, entitled: "AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING "EL SEGUNDO CITY CODE, 1958, "BY AMENDING CHAPTER 4 OF SAID CODE BY ADDING THERETO, ARTICLE III, ENTITLED, "AUCTION AND DISPOSAL OF UN- CLAIMED PROPERTY IN POSSESSION OF THE POLICE DEPARTMENT."; which was duly passed and adopted by the said City Council, approved and signed an ad'ou ned by the Mayor of said City, and attested by the City Clerk of said City, alIXA ot r1gu�ar meeting of the said Council held on the. , 3rA .. 0 . day of. ..F.Waruary.. ... , 19. e ..04, and that the same was so passed and adopted by the following vote: AYES: Councilmen. TPXWY. 4nd JVLV.Q '.PrQ.tgrAPQrt!e Frede .. .... ao...... 0 . ............................... NOES: Councilmen.. None;.... o. o ...... o ............................... ABSENT: MayoroBaker.o 0000 oo a000 00000 o. 000 >oo.00000000000000aoa000aoao do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing Ordinance No. 617 0 0 o o was duly and regularly published according to law and the order of the City Council of said City in the El Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within the said City and that the some was so pub- lished therein on the following date, to wit: oo o, o „oo,00..o..o..o „0000.....o,o „oo City Clerk of the City of El Segundo, Californiao (SEAL) By......... o......... o o oo.00..a ....... oo.o Deputy