HomeMy WebLinkAboutOrdinance 5746 06/20/1994
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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
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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.
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(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
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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
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