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HomeMy WebLinkAbout1984-OR-05ORDINANCE NO. 84-OR-~ AN ORDINANCE FIXING THE MANNER FOR THE SALE OF NONCONTRABAND LOST, UNCLAIMED, STOLEN, UNIDENTIFIED, OR CONFISCATED PERSONAL PROPERTY WHEREAS, the Jeffersonville City Police Department, from time to time in the performance of their duties, obtain possession of non- contraband lost, un61aimed, stolen, unidentified or confiscated personal property; and, WHEREAS, it is necessary to periodically dispose of such property, the Common Council of the City of Jeffersonville, Indiana, hereby adopts the following procedure for the disposition of noncontraband lost, unclaimed, stolen, unidentified or confiscated personal property; BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA, that: SECTION .2. 1.1 Noncontraband lost, unclaimed, stolen, unidentified, or confiscated personal property (hereinafter referred to as "Property") shall be held and stored by the Chief of the Jeffersonville City Police Department for a period of thirty (30) days during which ~he Chief of Police and the Police Department shall make a reasonable and diligent attempt to ascertain: (a) The rightful ownership and cause the return of Property being held; PROVIDED THAT, the rightful owner(s) are otherwise lawfully eligible to receive and possess such Property according to the law of the United States and the State of Indiana; and (b) That such Property is/are not of any evidentiary value in any current or foreseeable prosecution or Appellate proceeding and is/are not to be destroyed by any Court Order. 1.2 The above Thirty (30) day retention requirement of this Ordinance shall be deemed satisfied by the period of time, if any, such property may have been held by any other law enforcement agency, prior to delivery to the Chief of Police of Jeffersonville, Indiana, and shall, therefore, be included and count toward any such Thirty (30) day amendment that such property are to be stored and held under this Ordinance before disposition of same as provided herein. SECTION II 2.1 Upon expiration of the Thirty (30) day requirement of this ordinance, the Chief of Police of jeffersonville, Indiana, shall dispose of all such property at public auction. The Chief of Police of jeffersonville, Indiana may in his sole discretion combine any of the Property with Property being disposed of by the Sheriff of Clark County, Indiana, in order to achieve a more economical disposition of the Property. The sale of said Property shall be in accordance with the following procedures: (a) The sale of such Property shall be by public auction in a place convenient to the general public, with the disposition going to the highest bidder who shall be lawfully eligible to receive and possess such Property according to the laws of the United States and the State of Indiana; and, (b) As a result of the emergency situation which has arisen due to the crowding of the evidence room of the jeffersonville Police Department the first sale shall be advertised by placing a notice of the sale in a county newspaper not later than two days prior to the sale. said notice shall include an inventory of all of the property and the date, time, terms and place of the sale; and (c) Prior to conducting any sale other than the initial §ale~ the Chief of P61ice~s~ll~c~se an inventory of all Property offered for sale to be made, and notice of the sale shall be advertised by two (2) insertions, one (1) week apart for two (2) consecutive weeks in a County newspaper each week as provided in I.C. 5-3-1, et.al., as amended, such adver- tisement to appear no less than five (5) days prior to the sale, and by posting notice of the sale at the Clark county Court House, in an area readily accessible and conspi6uous to the general public, for two (2) weeks, and such advertisement and notice shall give the terms, time and place of sale, and a description of the Property to be sold; and, (d) All monies collected pursuant to such sale shall first be Used to defray the necessary costs of administering this Ordinance, with such surplus as there may be, along with a detailed accounting of such proceeds received for each item sold and each cost paid, being delivered to the Clerk- Treasurer of the City of jeffersonville, Indiana. 2.2 Notwithstanding any provision of this Ordinance, the owner(s) of such Property may present a claim to the Chief of the jeffersonville Police Department for the return of same and, if fully satisfied of the validity of said claim, the Chief of Police of jeffersonville, Indiana, shall return the claimed Property to such rightful owner(s) if such owner(s) shall be lawfully eligible to receive and possess such Property according to the laws of the United States and the State of Indiana; PROVIDED THAT, such claim shall be made prior to the sale as herein provided. 2.3 The Clerk-Treasurer shall cause all net proceeds of each sale to be deposited into the General Fund of the City of Jeffersonville, Indiana. SECTION III 3.1 If any clause, phrase, provision, or section of this Ordinance, or application thereof to any person or circumstances, shall be held invalid, such invalidity shall not affect or render any other cause, phrase, provision, section or application of this ordinance which can be given effect without the invalid part or application thereof. 3.2 It is the intention of the Common Council of the City of Jeffersonville, Indiana, in the adoption of this Ordinance, to adopt each clause, phrase, provision of this Ordinance individually and such clauses, phrases, and provisions are declared to be severable. 3.3 It is the intention of the Common Council of the City of Jeffersonville, Indiana, that this Ordinance be a unified coverage of its subject matter and no- part of this Ordinance shall be - ~de'emed impliedly repealed by any subsequent ordinance if such construction can be avoided. SECTION IV 4.1 This Ordinance shall be in full force and effect from and after its passage and approvai. Passed this /~ day of _~, ., 1984. MAYOR ATTEST: 'Presented by me as Clerk-Treasurer of said City of jeffersonville, to the Mayor of said City of jeffersonville, this /~ day of ..... 1984. Approved and signed by me this - /6) day of _~___, 1984.