HomeMy WebLinkAbout1330ORDINANCE NO. 1330 (1997 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING CHAPTER 3.32 OF THE SAN LUIS OBISPO MUNICIPAL
CODE, AMENDING SECTION 3.32.020 AND ADDING SECTION 3.32.040
PERTAINING TO MANAGEMENT OF UNCLAIMED PROPERTY
WHEREAS, the San Luis Obispo Police Department receives numerous items of evidence
and property annually which, pursuant to state law, must be stored for a period of time prior to
disposal at auction; and
WHEREAS, the current provisions of San Luis Obispo Municipal Code Section 3.32.020 .
are not in conformity with California Civil Code Section 2080.4; and
WHEREAS, the City would like to donate certain unclaimed bicycles or toys to certain
organizations for the purposes of juvenile delinquency prevention;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Section 3.32.020 is hereby amended to read as follows:
"3.32.020 Sale at auction — Notice required.
"Pursuant to Section 2080.4 of the California Civil Code the police department is
authorized to sell at public auction to the highest bidder all unclaimed property which has been in
the possession of the department for a period of at least three months upon notice of such sale,
given by the chief of police at least five days before the time fixed therefor, by publication once in
a newspaper of general circulation published in the city."
SECTION 2. Section 3.32.040 is hereby added as follows:
"3.32.040 Donation of bicycles or toys.
"Pursuant to Section 217 of the California Welfare and Institutions Code, any bicycles or
toys, or both, in the possession of the police department, which have been unclaimed for a period
of at least 60 days may, instead of being sold at public auction to the highest bidder, be turned
over to the county probation officer, to the county welfare department, or to any charitable or
non -profit organization for use in any program or to any charitable or nonprofit organization
which is authorized under its articles of incorporation to participate in a program or activity
designed to prevent juvenile delinquency and which is exempt from income taxation under federal
or state law, or both, for use in any program or activity designed to prevent juvenile delinquency."
SECTION 3. A summary of this ordinance, together with the names of council members
voting for and against, shall be published at least five (5) days prior to its final passage, in the
Telegram- Tribune, a newspaper published and circulated in this City. This ordinance shall go into
effect at the expiration of thirty (30) days after its final passage.
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Ordinance No. 1330 (1997 Series)
Page Two
Introduced and passed to print by the Council of the City of San Luis Obispo at its
meeting held on the 4th day of N .PVemberl997, on motion of
Council Member Williams ,seconded by Council Member Smith and on
the following roll call vote:
AYES: Council Members Williams, Smith, Roalman, Romero and Mayor Settle
NOES: None
ABSENT: None
Mayor Allen K. Settle
ATTEST:
ity Clerk Bonrueawf
APPROVED:
Ordinance No. 1330 (1997 Series)
FINALLY PASSED this 18' day of November, 1997, on motion of Council
Member Romero, seconded by Council Member Williams, and on the following roll call
vote:
AYES: Council Members Romero, Williams, Roalman, Smith and Mayor Settle
NOES: None
ABSENT: None
Mayor A len K. Settle
ATTEST:
ity Clerk !Bv6mie VGaw