Ordinance 1860ORDINANCE NO. 1860
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
CREATING A NEW CHAPTER 1.53 IN THE EDMONDS CITY
CODE; AUTHORIZING THE SALE OF LOST, STOLEN OR
ABANDONED PROPERTY OR MONIES, PROVIDING FOR
NOTICES AND DISPOSITION OF PROCEEDS 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 in RCW Chapter 63.36 has
authorized the sale of unclaimed property in the hands of
the City, and
WHEREAS, the Edmonds Police Department and other City
agencies from time to time acquire guns and other firearms
which have been lost, stolen or abandoned and for which no
owners can be found, and
WHEREAS, state and federal firearms control laws which
closely regulate the transfer of firearms would make sale
of these firearms by the City of Edmonds difficult if not
impossible, and
WHEREAS, public policy and the City Council so find
that guns or other weapons should not be put back into
circulation with the general public, and
WHEREAS, state law authorizes the City to levy a
reasonable charge for storage of lost or stolen firearms,
WHEREAS, the Edmonds Police Department could make
reasonable and necessary use of said firearms which would
reasonably compensate the City for the costs of storage, now
therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. There is hereby created a new chapter in
the Edmonds City Code, Chapter 1.53 entitled Disposition of
Unclaimed Personal Property or Monies.
Section 2. 1.53.010. Waiting Periods. Any monies or
personal property other than specified in Section 1.53.050
of the Edmonds Code which has come into the possession of
any agency or department of the city in connection with the
official performance of their duties may be sold or disposed
of as provided hereinafter subject to the following waiting
periods:
1. Sixty (60) days or more after the personal property
comes into such possession or from the date the monies first
became payable or returnable.
2. If the personal property has been held as evidence
in any court, sixty (60) days or more from the date when the
personal property is released as evidence by order of the
court.
Section 3. 1.53.020. Notices Required and Sale
Authorized. After the waiting periods specified in Section
1.53.010 of the Edmonds City Code the Chief of Police or his
designee shall cause a notice to be published at least once
a week for two successive weeks in the official newspaper of
the city. Such notice shall set forth the name and last known
address, if known, of each person appearing from city records
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to be the owner of the property, a brief statement indicating
the amount of money or description of the property, the name
and address of the agency or department possessing the
property and the place where it may be claimed.
If the owner or other person having claim to any such
personal property or money does not claim the same within
ten (10) days after the last date the notice was published,
the Chief of Police or his designee shall cause a notice to
be published stating the date, time and place where the
personal property will be sold and containing a brief des-
cription of the personal property. Such notice shall be
published at least once and not less than ten (10) days
prior to the date of the sale in the official city newspaper.
Thereafter, the Chief of Police or his designee shall conduct
said sale at the date, time and place specified in the notice.
Section 4. 1.53.030. Distribution of Proceeds. All
unclaimed monies and the proceeds from the sale less expenses
of advertising and the sale shall be placed in the current
expense fund of the City of Edmonds.
Section 5. 1.53.040. Disposition of Guns and Other
Firearms. Nothwithstanding any other provision of this
chapter, whenever the Edmonds Police Department in the con-
duct of its official business comes into possession of any
guns or other firearms or weapons which have been lost,
stolen or abandoned and whose owner has failed to claim the
same, said items shall be subject to the provisions of
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Section 1.53.050 of the Edmonds City Code after the following
waiting periods:
1. Sixty (60) days or more after written notice is
sent to the owner, if known;
2. If the owner or his residence is not known, sixty
(60) days or more after the gun or firearm comes into the
possession of the Edmonds Police Department;
3. If the gun or firearm has been held as evidence in
any court, then sixty (60) days or more from the date the
property is released as evidence by order of the court.
Section 6. 1.53.050. Use or Destruction of Guns or
Firearms. After the waiting periods specified in Section
1.53.040 of the Edmonds City Code, all lost, stolen or
abandoned guns, firearms or other weapons in the Edmonds
Police Department's possession shall be disposed of as
follows:
1. The Chief of Police 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. Said use shall be in lieu of any
charges that might otherwise be assessed for reasonable costs
of storage of said items.
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2. All other guns, firearms or other weapons not
designated for use in official police business shall be
destroyed under direction of the Chief of Police or his
designee.
MAYOR,�H. H. HARRISON
ATTEST:
CITY CLERK, IRENEdVARNEY MORAN
FILED WITH THE CITY CLERK: July 8, 1976
PASSED BY THE CITY COUNCIL: August 17, 1976
PUBLISHED: August 25, 1976
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