Loading...
HomeMy WebLinkAbout11/18/1997, C-12 - FINAL PASSAGE OF ORDINANCE NO. 1330 jcouncil "Nov. 1$ 1997 ac,Enaa Repout i� CITY O F SAN LUIS O B 1 S P 0 FROM: James M Gardiner, Chief ofPolic � Prepared by: Dan Blanke,Lieutenant p9b SUBJECT: FINAL PASSAGE OF ORDINANCE NO. 1330 CAO RECOMM ENDATION Grant final passage to Ordinance No. 1330 providing for the disposition of unclaimed bicycles and toys, and bringing Section 3.32.020 into compliance with State law. DISCUSSION On Tuesday,November 4, 1997, the Council voted unanimously to introduce Ordinance No. 1330 to Print to (1) provide that any bicycles or toys received by the Police Department which have been unclaimed for a period of at least 60 days may be turned over to certain organizations for the purpose of juvenile delinquency prevention, and (2) the time period within which unclaimed property may be sold at public auction after coming into the possession of the Police Department is three months. Although this ordinance authorizes the donation of items to charitable organizations, bicycles and toys of significant value will still be retained for auction. Ordinance No. 1330 is now ready for final passage and will become effective thirty days after the date of its final passage. ATTACEMEM Ordinance No. 1330 , /a-l ORDINANCE N0. 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 UNCLAl1VIED 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: "332.040 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. 0 1330 �/� 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 November1997, 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 J Mayor Allen . Settle ATTEST: ity Clerk Bonru�fiawf i APPROVED: Aio J Jor en