HomeMy WebLinkAbout111 - 09/06/1983 - AMENDING CHAPTER 88 OF THE CITY CODE RELATING TO DISPOSAL OF UNCLAIMED PROPERTY ORDINANCE NO. 111 1983
OF THE COUNCIL OF THE CTTTOF FORT COLLINS
AMENDING CHAPTER 88 OF THE CODE OF THE
CITY OF FORT COLLINS
WHEREAS, the Fort Collins Police Department frequently receives
weapons into custody which are subsequently unclaimed; and
WHEREAS, many of said weapons are illegal to possess; _and
WHEREAS, the Fort Collins Police Department frequently receives other
property into custody which is subsequently unclaimed; and
WHEREAS, the majority of said property is of little or no marketable
value; and
WHEREAS, Chapter 88 of the Code of the City of Fort Collins presently
requires that unclaimed property shall be disposed of only by sale at
public auction.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
The following sections of 'Chapter 88 of the Code of the City of Fort
Collins are hereby amended as follows:
Section 88-2 is repealed and readopted as follows:
§88-2. Disposal of unclaimed property; procedure.
A. Any property seized or taken possession of as
aforesaid which shall not be claimed by and posses-
sion surrendered to the rightful owner thereof may
be subject to sale at the regular semiannual public
auction of such property in the manner following:
1) The Chief of Police shall publish once in a
newspaper in the City of Fort Collins a de-
scription of each and all articles of property
so seized or taken which have been in the
possession of the police for more than three
(3) months, and give notice that if such
property is not claimed by the rightful owner
or owners within the (10) days from the last
date of said publication, such property will be
sold at such public auction at the place and in
the manner as in said notice prescribed.
2) If within ten (10) days from the publication
of said notice, no claim for such property
described in the notice shall have been
made and determined by the rightful owner
thereof , the Chief of Police shall proceed
to sell such property at public auction
in the manner and upon the terms named in
said notice.
3) The Chief of Police may adjourn such auction
from time to time not exceeding thirty (30)
days by giving oral or posted notice of such
continuance at the time and place advertised
for the holding of said auction sale.
4) The proceeds of any sale or sales so made,
after deducting therefrom the cost of storage,
advertising and selling, etc. , shall be paid
to the Director of Finance to be placed into
the general fund of the City of Fort Collins.
B. In lieu of public sale, but in accordance with the
notice requirements of Sections (A) (1) & (2)
above, the Chief of Police may:
1) surrender all firearms, knives, clubs, num-
chucks, and all other such weapons to the
Colorado Bureau of Investigation or any other
recognized governmental ballistics laboratory
which may retain the same for forensic bal-
listic investigation or, in the case of unsafe,
dangerous or illegal weapons, destroy the
weapons;
2) order the destruction of valueless weapons, or
those with little or no scientific worth, or those
not surrendered under subsection (B) (1 ) ;
3) order the destruction of any unclaimed property
which is of little or no marketable value.
Section 88-4 is hereby repealed and reenacted as follows:
§88-4. Owner' s claim to property relinquished upon
disposal of same.
From and after the disposal of such personal
property as aforesaid, the owner or person entitled
to same shall be forever barred from any and all
claim of right to said property or to the proceeds
thereof.
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z _
Introduced, considered favorably on first reading, and ordered pub-
lished this 16th day of August, A.D. 1983, and to be presented for final
passage on the 6th day of September, A.D. 1983.
Y4
ATTEST:
City C e
Passed and adopted on final reading this 6th day of September, A.D.
1983.
M o
ATTEST::
City Clerk
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