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ciiyCOF SAN BERNARDIN5>.. REQUESPFOR COUNCIL ACTI~
From: Donald J. Burnett
Chief of Police
Oept: Pol ice
Subject:
Proposed Ordinance Adding Section
2.70.060 To San Bernardino Municipal
Code to Provide for the Sale of Forfeit-
ed Property.
~
Date: March 17. 1988
Synopsis of Previous Council action:
None
Recommeno::led moti.on:
Waive further reading and layover for final adoption.
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. Signature
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Phone: ~R4_~~nR
Contact person:
r.3pt3in M Ipwi~
Supporting -;fata attached: Yps
Ward:
N/A
FUNDING REQUIREMENTS:
Amount: N/A
Sou rce:
N/A
.
Finance:
Council Notes:
7!).Q262
3/17/88
Agenda Item No. 3r,
C~TfJOF SAN BERNARDltSd - REQUE~ FOR COUNCIL ACTlON
STAFF REPORT
Proposed Action
Adopt Ordinance adding Section 2.70.060 to San Bernardino Municipal Code to Provide
for the Sale of Forfeited Property.
Problem
Title 21 of the United States Code Section 881, and California Health and Safety
Code Section 11488 allow for the seizure and subsequent forfeiture of property which
is used for narcotic transactions or obtained through funds acquired through narcotic
transactions.
Presently the City of San Bernardino has no provisions for the sale of these items
at public auctions. Additionally, all revenue generated from the sale of forfeited
property must be returned to the San Bernardino Police Department for its sole usage.
Recommendations
I recommend adoption by the City Council of the ordinance adding Section 2.70.060.
to the San Bernardino Municipal Code to provide for the sale of forfeited property.
Findings
Research requested by the Police Department and conduct by the City Attorney's Office
reveals no existing statute to deal with the sale of property seized pursuant to
narcotic invstigations.
Action Papers
Proposed ordinance adding Section 2.70.060 to the San Bernardino Municipal Code.
75-0254
.
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
2.70.060 TO THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR
THE SALE OF FORFEITED PROPERTY.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Section 2.70.060 is added to the San
Bernardino Municipal Code and reads as follows:
"2.70.060 Sale of Forfeited Property.
9 A. Property forfeited pursuant to Title 21 United States
Code Sections 881 et seq., and California Health and Safety
Code Section 11488 et seq., that is released to the police
Department for disposition may be sold at a public auction
following the procedures set forth in Section 2.70.030
subsections (B), (0) and (E).
B. The proceeds from the sale of such forfeited property
shall be deposited in the Special Deposits Fund of the City in
a special account designated by the Director of Finance and
thereafter be disbursed by the department with the authorization
of the City Administrator pursuant to the applicable City
procedures and State and/or Federal Laws."
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LM:ss
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3-29-88
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ORDINANCE: ADDING
MUNICIPAL CODE TO
SECTION 2.70.060 TO THE
PCjVIDE FOR THE ~~:~E OF
SAN BERNARDINO
FORFEITED PROPERTY
o
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
, 1988, by the following
vote, to-wit:
AYES:
Council Members
NAYS:
ABSENT:
.
The foregoing 'ordinance is hereby approved this
day of
, 1988.
Evlyn Wilcox, Mayor
City of San Bernardino
Approved as to,form
and legal content:
b~~)
Cit!y orney
LM:ss
3-29-88
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