Ordinance 2086ORDINANCE NO. 2086
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
REPEALING CHAPTER 1.53 OF THE EDMONDS MUNICIPAL
CODE AND ENACTING A NEW CHAPTER 1.53 IN THE
EDMONDS MUNICIPAL CODE TO BE ENTITLED DISPO-
SITION OF UNCLAIMED AND LOST PERSONAL PROPERTY
AND MONIES; ESTABLISHING REQUIREMENTS FOR
FINDERS OF LOST PROPERTY AND MONIES; SETTING
FORTH THE DUTIES OF THE POLICE CHIEF; PROVIDING
FOR WAITING PERIODS; AUTHORIZING THE SALE OF
LOST, STOLEN OR ABANDONED PROPERTY OR MONIES;
PROVIDING FOR NOTICES AND DISPOSITION OF PRO-
CEEDS ACQUIRED THEREBY; AUTHORIZING THE CHIEF
OF POLICE OR HIS DESIGNEE TO DESTROY LOST, STOLEN
OR ABANDONED FIREARMS AND AUTHORIZING THE CHIEF
OF POLICE OR HIS DESIGNEE TO UTILIZE FIREARMS
FOR OFFICIAL USE IN LIEU OF STORAGE COSTS OF
SAID FIREARMS.
WHEREAS, the legislature has enacted uniform legisla-
tion establishing procedures for finders of lost property, the
owner of which is unknown, and
WHEREAS, the Edmonds Police Department and other City
department from time to time acquire guns and other firearms
which have been lost, stolen or abandoned and for which no owner
can be found, and
WHEREAS, State and Federal firearm control laws which
closely regulate the transfer of firearms would make sale of
these firearms by the City of Edmonds difficult if not impos-
sible, and
WHEREAS, State law authorizes the City to levy a rea-
sonable charge for storage of lost or stolen firearms and other
property, and
WHEREAS, various City departments could make reasonable
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and necessary use of said firearms and other property which would
reasonably compensate the City for the cost of storage, now,
therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Chapter 1.53 of the Edmonds City Code is
hereby repealed and a new Chapter 1.53 is hereby added to the
Edmonds City Code to be entitled "Disposition of Lost and Un-
claimed Personal Property and Monies".
Section 2. A new section 1.53.010 is hereby added to
the Edmonds City Code to read as follows:
"1.53.010 FINDER'S DUTIES.
Any person who finds, within the City, monies or personal pro-
perty, the owner of which is unknown, and wishes to claim the
found property or monies shall:
A. Within 7 days of finding acquire a signed statement setting
forth an appraisal of the current market value of the pro-
perty prepared by a qualified person engaged in buying or
selling like items or by a district court judge.
B. Within 7 days of finding report the find of property to the
Edmonds Police Department and if requested by a police
officer, surrender the property and a copy of the appraisal.
C. If the finder desires to claim the property, serve written
notice upon the Edmonds police officer of the finder's
intent to claim the property if the owner does not make
claim as provided in this Chapter.
D. Within 30 days of the finding cause notice of the finding to
be published at least once a week for two successive weeks
in a newspaper of general circulation in the county where
the property was found."
Section 3. A new Section 1.53.020 is hereby added to
the Edmonds Municipal Code to read as follows:
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"1.53.020 POLICE DEPARTMENT DUTIES.
The Chief of Police or his designee to whom a finder surrenders
property, shall:
A. Advise the finder if the found property is illegal for him
to possess and, if so, confiscate the property.
B. Determine if the property should be surrendered to the
police department or, if not, allow the finder to retain the
property.
C. Advise the finder in writing of the procedures to be followed
in claiming the found property."
Section 4. A new Section 1.53.030 is hereby added to
the Edmonds City Code to read as follows:
"1.53.030 NOTICE TO OWNER REQUIRED.
The Police Chief or his designee shall within 30 days after the
property or monies come into possession of the Department, cause
written notice to be sent to the owner, if known."
Section 5. A new Section 1.53.040 is hereby added to
the Edmonds City Code to read as follows:
"1.53.040 CLAIM BY FINDER - RELEASE AUTHORIZED.
The Chief of Police or his designee may release the property or
money to the finder under the following conditions, if the owner
has not claimed the same:
A. 60 days have elapsed since the property or monies were
reported to the police department or 60 days after final
diposition of any judicial or other official proceeding
whichever is later.
B. The finder has served written notice of his intent to claim
the property upon the police department.
C. The finder has submitted a written appraisal of the value of
the property to the Police Department.
D. The finder presents an affidavit of the publication require-
ments set forth in Section 1.53.010(D) of the Edmonds City
Code.
E. If the property is valued at more than $25.00 according to
the written appraisal, the finder pays 100 of the appraised
value or $5.00, whichever is greater, to the Finance Director."
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Section 6. A new Section 1.53.050 is hereby added
to the Edmonds City Code to read as follows:
"1.53.050 SALE AUTHORIZED.
Property and money other than specified in Section 1.53.080 of
the Edmonds City Code which has been found or otherwise comes
into possession of the City may be sold after the waiting periods
as set forth herein:
A. 90 days after the found property or money are reported to
the Police Department and the finder has not complied with
the provisions of Section 1.53.010 of the Edmonds City Code
or has stated in writing that he has no intention of claiming
the found property and the owner has not claimed the pro-
perty.
B. 90 days after the property was acquired by the Police Depart-
ment and neither the finder nor the owner has claimed the
same.
C. If the property has been held as evidence in judicial or
other official proceedings, 90 days after the case has
finally been disposed of and the property released as evi-
dence by order of the court or other official agency and
neither the finder nor the owner has claimed the same."
Section 7. A new Section 1.53.060 is hereby added to
the Edmonds City Code to read as follows:
"1.53.060 NOTICES REQUIRED AND SALE AUTHORIZED.
A. After the waiting periods specified in 1.53.050 of the
Edmonds City Code, the Police Chief or his designee shall
cause a notice of sale to be made containing the following:
1. The date, time and place of the sale.
2. A description of the property to be sold.
3. The notice shall be signed by the Police Chief or his
designee.
B. If the name and address of the owner is known from City
records the Police Chief or his designee shall give the
owner at least 10 days advance notice of such sale by giving
him a copy of the notice of sale either personally, by
leaving a written notice at his place or residence or place
of doing business with some person of suitable age and
discretion then resident or employed therein, or by certi-
fied mail, return receipt requested.
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C. The notice of sale shall be published at least once in the
official newspaper of the City at least 10 days prior to the
date fixed for said sale.
D. If the owner fails to reclaim the property prior to the time
fixed for sale in the notice, the Police Chief or his designee
shall conduct the sale and sell the property described in
the notice at public auction to the highest and best bidder
for cash and upon payment of the amount of such bid, shall
deliver the property to such bidder."
Section 8. A new Section 1.53.070 is hereby added to
the Edmonds City Code to read as follows:
"1.53.070 DISTRIBUTION OF PROCEEDS.
All unclaimed monies, the sums collected pursuant to Section
1.53.040(E) and the proceeds from the sale, less expenses of
advertising and the sale, shall be placed in the General Fund of
the City."
Section 9. A new Section 1.53.080 is hereby added to
the Edmonds City Code to read as follows:
"1.53.080 DISPOSITION OF GUNS, FIREARMS AND OTHER PROPERTY.
Notwithstanding any other provision of this Chapter, whenever the
Edmonds Police Department in the conduct of its official business
comes into possession of any guns or other firearms or weapons or
other property which may be used in official City business, which
has been lost, stolen or abandoned and whose owner or the finder
has failed to claim the same, said items shall be subject to the
provisions of Section 1.53.090 of the Edmonds City Code after the
following waiting periods:
A. 90 days after the written notice is sent to the owner if
known as provided by Section 1.53.030 of the Edmonds City
Code.
B. 90 days after the property has been surrendered to the
Police Department and the finder has not complied with the
provisions of this Chapter or has stated in writing that he
has no intentions of claiming the found property.
C. If the property is held as evidence in a court or other
judicial proceeding, 90 days after the final disposition of
the case and the property has been released as evidence by
order of the court or other official agency.
D. 90 days after the property has been surrendered to the
Police Department and the finder has not claimed the same."
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Section 10. A new Section 1.53.090 is hereby added to
the Edmonds City Code to read as follows:
"1.53.090 USE OR DESTRUCTION OF GUNS, FIREARMS AND OTHER PROPERTY.
After the waiting period specified in Section 1.53.080 of the
Edmonds City Code, all lost, stolen or abandoned guns, firearms
or other weapons and other property in the possession of the
Edmonds Police Department shall be disposed of as follows:
A. The Police Chief or his designee is authorized to designate
whichever of said guns, firearms or other weapons could be
used by the Edmonds Police Department in the conduct of its
official business. Said items shall be given an official
inventory number and may be issued to Police Department
personnel for use in official Police Department business.
The Police Chief or his designee is further authorized to
designate other property which may be used in official City
business. Said items shall be given an official inventory
number and used in official City business. Said use shall
be in lieu of any charges that might otherwise be assessed
for reasonble cost of storage of said items.
B. All guns, firearms or other weapons not designated for use
in official Police business shall be destroyed under the
direction of the Chief of Police or his designee. All
other personal property not designated for use shall be
sold as provided in Section 1.53.050 of the Edmonds City
Code."
Section 11. A new Section 1.53.100 is hereby added to
the Edmonds City Code to read as follows:
"1.53.100 CITY EMPLOYEE FINDER'S - EXCEPTIONS
City employees who find or acquire property covered by this
Chapter while acting within the course of their employment with
the City may claim possession of the lost property as a finder
under the provisions of this Chapter; provided, however, employees
of the Edmonds Police Department and Edmonds Fire Department,
including reserves, may not claim possession of lost property as
a finder if said property is found or acquired while acting
within the course of employment with the City."
Section 12. Severability. If any section, subsection,
clause, phrase or word of this Ordinance is for any reason held
to be invalid or unconstitutional by a court of competent juris-
diction, such invalidity or unconstitutionality shall not affect
the validity or constitutionality of the remaining portions of
this Ordinance.
Section 13. Effective Date. This Ordinance shall be
in full force and effect five (5) days after passage and pub-
lication by posting as provided by law.
APPROVED:
MAYOR H. H. HARRISON
ATTEST/AUTHENTICATED:
CITY CLERK, IRE&TE VARNEY MORAN
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED W THE CITY CLERK: August 13, 1979
PASSED BY THE CITY COUNCIL: August 21, 1979
POSTED: August 22, 1979
EFFECTIVE DATE: August 27, 1979
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AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON )
) ss:
COUNTY OF SNOHOMISH )
IRENE VARNEY MORAN
, being first duly sworn
on oath deposes and says that s he is over the age of eighteen
(18) years and is competent to testify as to the matter
stated herein.
On the 22
day of August , 1979 , affiant
posted true and correct copies of the attached Ordinance No.
2086, passed by the City Council on the
August
21 day of
, 1979 , at the three official posting places
for City notices which are the public bulletin boards at
the following locations:
Edmonds Civic Center
250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Public Library
Civic Center
250 Fifth Avenue North
Edmonds, Washington 98020
Edmond Branch of the
United States Post Office
201 Main Street
Edmonds, Washington 98020.
DATED this 22 day of August , 197 9 .
SUBSCRIBED AND SWORN to before me this ,L day of
19 7�.
No ary ublic in and for the
State of Washington, residing
at�