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HomeMy WebLinkAboutOrdinance 5746 06/20/1994 " . . . . . .~~ ORDINANCE NO. 5746 (GENERAL) AN ORDINANCE PROVIDING FOR THE DISPOSITION OF UNCLAIMED GUNS, ADDING SECTION 1-6-6, AMENDING SECTION 1-6-3, 1-6-5, 1-6-6, AND RENUMBERING SECTIONS 1-6-6 THROUGH 1-6-11 OF THE SPRINGFIELD CODE 1965. THE CITY OF SPRINGFIELD, OREGON, DOES ORDAIN AS FOLLOWS: section 1: section 1-6-3 of the springfield Code 1965 is hereby amended to read as follows: "1-6-3 UnclaimedPropertv--Notice of Sale. (1) If the owner or conditional vendor of property, excepting guns, referred to in this chapter, or mortgagee, or other person interested be found and identified, such person shall be immediately notified by registered letter that the personal property is held by the Police Department of the City and will be sold at public auction at a designated location within the City on a day and time certain, to the highest and best bidder for cash, or that such property may be converted to public use by the city of Springfield thereafter, which sale or conversion to public use shall not be held or take place until ten (10) days have elapsed from the date of mailing the registered notice. (2) If, after sixty (60) days from the day the personal property, excepting guns, referred to in this chapter shall come into the possession of the police department, the owner, conditional vendor, mortgagee, or other interested person cannot be found after due diligence as set out in this chapter, then the chief of police shall cause to be published in a newspaper printed and published in the county, a notice providing the information of the proposed sale or conversion to public use. The notice shall be published two (2) times, the first publication not less than ten (10) days before, and the second notice not less than three (3) days before such proposed sale or conversion to public use. If conversion to public use is contemplated or intended, such conversion to public use shall be specifically indicated in the publication of notice. section 2: section 1-6-5 of the Springfield Code 1965 is hereby amended to read as follows: "1-6-5 Unclaimed Propertv--Sale or Conversion. If no claims shall have been made before the time set for the sale or conversion of the personal property, excepting guns, under this article, the chief of police shall, on the city hall grounds, the place of storage, or any other place within the city designated in the notice of sale required by section 1-6-3 of this code, at the time appointed, within view of the property to be sold, offer for sale and shall sell such property to the highest and best bidder for cash. ~he city may set a minimum bid on said property, in which case, if no bid meets the minimum, the city may retain the Page 1 ATTACHMENTB B-1 ',' . . . ,- .. property for its own use, or disposal at a later time. In the alternative, the city may, if notice of an intention to do so has been given as provided in Section 1-6-3, publicly declare such property to be converted to public use if such use appears to be in the public interest. A written record of the public use to which the property is to be devoted shall be reduced to writing and kept with the unclaimed property sale records." section 3: section 1-6-6 of the Springfield Code 1965 is hereby amended to read as follows: "1-6-6 Unclaimed Property--Bill of Sale. Upon the consummation of a sale under section 1-6-5 or section 1-6-6 of this code, the chief of police shall make, execute, and deliver upon behalf of and in the name of the city a bill of sale signed by himself as chief of police of the city, conveying the property in question to the purchaser, and simultaneously therewith shall deliver possession of such property to the purchaser." section 4: There is hereby added to Chapter 1, Article 6, of the Springfield Code 1965 a new section to read as follows: "1-6-6 Unclaimed Guns. (1) Definitions: As used in this section, the term gun shall include any firearm, rifle, shotgun, revolver, pistol, air gun, air rifle, or any similar mechanism by whatever name known which is designed to expel a projectile through a gun barrel by the action of an explosive, gas, compressed air, spring or elastic. (2) If the owner, conditional vendor, mortgagee, or other person interested in an unclaimed gun can be found and identified, such person shall be immediately notified by registered letter that the gun is held by the pOlice department of the city and will be sold, destroyed, or converted to public use on a day and time certain, which sale or conversion to public use shall not be held or take place until ten (10) days have elapsed from the date of mailing the registered notice. (3) If after sixty (60) days from the date a gun shall come into the possession of the police department, the owner, conditional vendor, mortgagee, or other interested party cannot be found after due diligence as set out in this chapter, then the chief of police shall cause to be published in a newspaper printed and published in the county a notice providing information of the proposed sale, destruction, or conversion to public use. The notice shall be published two (2) times, the first not less than ten (10) days before, and the second not less than three (3) days before such proposed sale or conversion to public use. If destruction or conversion to public use is contemplated or intended, such destruction or conversion to public use shall be specifically indicated in the publication of notice. Page 2 B-2 . . . ...~ (4) If no claims shall have been made before the time set for the sale, destruction, or conversion to public use of the gun, the chief of police shall: on city hall grounds, the place of storage, or any other place within the city designated in the notice of sale, at the time appointed, sell such gun to the highest and best bidder for cash, providing however, only weapons dealers as defined in Chapter 8, Article 20, shall be qualified bidders at such sale. The city may set a minimum bid on said' guns in which case if no bid meets the minimum bid the city may convert the guns to public use or disposal at a later time. In the alternative, the city may, if notice to do so has been given as provided in this section, publicly declare the gun to be converted to public use if such use appears to be in the public interest and may use the converted gun to exchange for or as trade-in for weapons or ammunition to be used by the police department. A written record of the public use to which the.property is to be devoted shall be prepared and kept with the unclaimed property sales records. In the alternative, after Council approval, the City may destroy the gun. A written record of the destruction shall be prepared and kept with the unclaimed property sales records." Section 5: Sections 1-6-6 through 1-6-11 of the Springfield Code 1965 are renumbered Sections 1-6-7 through 1-6-12 respectively. this 5 Adopted by the Common Council of the city of Springfield 20th day of June , 1994, by a vote of for and 1 against. this Approved by the Mayor of 20th day of June of Springfield, Oregon Page 3 B-3