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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 -1- 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 Chapter 1.53 of the Edmonds City Code is hereby repealed and a new Chapter 1.53 is hereby added to the Edmonds City Code to be entitled "Disposition of Lost and Un- claimed Personal Property and Monies".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: -2- "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." -3- 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. -4- 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." -5- 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 -7- 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�