HomeMy WebLinkAboutordinance.council.016-91 ORDINANCE NO.16
(Series of 1991)
AN ORDINANCE A)fENDING SECTION 13-87 (c), (d) "LOST AND CONFISCATED
PROPEller; PROCEDUl~ES FOR DISPOSAL" OF T~E MUNICIPAL CODE OF
CITY OF ASPEN, COLORADO FOR THE PURPOSES OF ~T.?OW-/NG TkU~ CITY
MAI~AGER TO CLA/]( AND CONvrn{T LOST AND CONFISCATED PROPERTY FOR
PUBLIC USE PRIOR TO BEING O~rr~ED FOR S~?.R AT PUBLIC AUCTION.
w-K~EAS, the City Council wishes to establish a more
pedestrian oriented co,unity; and
W-Kw~EAS, the City Council desires to create, a city Hall bike
fleet and perhaps in the near future a general co,unity bike
fleet; and
W-~w. EAS, the Aspen Police Department comes into possession
of numerous bicycles and other property annually and holds annual
auctions of this property to dispose of it; and
W,~w. EAS, the City Council finds it appropriate to allow the
City Manager to claim lost and confiscated property for public
use once the 30 day holding period is complete.
NOW, THerEFORE, BE IT ORDAINw.,~ BY u'H~ CITY COUNCIL OF
CITY OF ASPEN, COLORADO, THAT:
Section 1
Section 13-87(c), (d). "Lost and confiscated property;
procedures for disposal" of the Municipal Code of the City of
Aspen, Colorado, is hereby amended to read as follows:
(c) The chief of police shall cause to be held at periodic
intervals public sales at which lost or confiscated property
shall be offered for sale to the highest bidders unless in the
judgment of the City Manager or the City Manager's designee
specific property can be used for public purposes. In that
event, the City Manager or the City Manager's designee shall have
the authority to claim and convert that property for public use.
No item of lost or confiscated property shall be offered at any
such sale or claimed by the City Manager or City Manager's
designee unless the item has been in the custody of the chief of
police for not less than thirty (30) days. No such item shall be
offered for sale or claimed by the City Manager or city Manager's
designee which is the subject of any civil or criminal Judicial
proceeding involving, directly or indirectly, a determination of
the ownership of such property. If it is determined in any such
civil or criminal Judicial proceeding that the individual
claiming the ownership or right of possession of such item is not
entitled thereto as against the city, such items shall then be
offered for sale at the next regularly scheduled public sale or
be available to be claimed by the City Manager or the City
Manager's designee.
(d) A notice of each public sale or claiming, giving the
date, hour, place and general description of the property to be
sold or claimed, shall be published once a week for two (2)
consecutive weeks in a newspaper of general circulation in the
city. The sale or claiming shall be had not less than fifteen
(15) days from the date of the first publication. Any item of
lost or confiscated property can be reclaimed by the owner
thereof, or by the person entitled to the possession thereof, at
any time prior to the commencement of the public sale or
claiming.
Section 2
This ordinance shall not have any effect on existing
litigation and shall not operate as an abatement of any action or
proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be
construed and concluded under such prior ordinances.
Section 3
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional in a court of competent Jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and shall not affect the validity of the remaining
portions thereof.
Section 4
A public hearing on the ordinance shall be held on the /~~-~--
-FL~.- , 1991, in the City Council Chambers, Aspen City
Hall, Aspen, Colorado.
1-NTRODUCED, 1~ ANI) ORDEI~ED PD~LI~-K.~ as provided by law by
the City Council of the City of Aspen on the ~'~ /~
William L. Stifling, Mayor
FINALLY adopted, passed and approved this ~
William L. Stirling, Mayor
ATT~iST:
~ Koch, City Clerk