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HomeMy WebLinkAboutOrdinance 1237 (Return Property to Owner)CLERK'S CERTIFICATE I, MARION A. GRADY, City Clerk of the City.pf San Rafael, and Ex -officio Clerk of the Counc1l of said City do hereby certify that the foregoing Charter Ordinance No. 1237 entitled: An ordinance of the City of San Rafael repealing and reenacting Section 10.20.090 - Return of Property to Rightful Owner - of the San Rafael Municipal Code. is a true and correct copy of an ordinance of said City, and was introduced at a regular meeting of the City Council of the City of San Rafael, held on,the 2nd day of August 1976 Published as re- quired by City Charter in the Independent Journal a newspaper printed and published in the City of San Rafael and passed and adopted as an ordinance of said City at a regular meeting of the City Council of said City held on the 16th day of August 19 76 by the following vote, to -wit: Ayes: Councilmen -Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini Noes: Councilmen:None Absent: Councilman:None 14ITNESS my hand and the official seal of the ty of San Rafael this 3,e3 day of 19 �G //o-2 re MARION A. GRADY, City Clerk ORDINANCE NO. 1 237 AN ORDINANCE OF THE CITY OF SAN RAFAEL REPEALING AND REENACTING SECTION 10.20.090 - RETURN OF PROPERTY TO RIGHTFUL OWNER - OF THE SAN RAFAEL MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. Section 10.20.090, Return of Property to Rightful Owner, of the San Rafael Municipal Code is hereby repealed. DIVISION 2. A new Section 10.20.090 is hereby reenacted and shall read as follows: 10.20.090 - Return of Property to Rightful Owner - When property, alleged to have been stolen or embezzled, comes into the custody of the San Rafael Police Department, the clerk or person having charge of the property section for the Police Department may, upon satisfactory proof of the ownership of the property held, and upon presentation of proper personal identification, deliver it to the owner. Such delivery shall be without prejudice to the City of San Rafael or to the person from whom custody of the property was taken or to any other person who may have a claim against the property. Prior to such delivery, such clerk or person in charge of the property section shall make and retain a complete photographic record of such property. The person to whom property is delivered shall sign, under penalty of perjury, a declaration of ownership, which shall be re- tained by the clerk or person in charge of the property section. This Section shall not apply to any property subject to forfeiture under any provision of law. This Section shall not apply unless the clerk or person in charge of the property section has served upon the person from whom custody of the property was taken a notice of a claim of ownership and a copy of the satisfactory proof of ownership tendered and has allowed such person reasonable oppor- tunity to be heard as to why such property should not be delivered to the person claiming ownership. - 1 - DIVISION 3. This Ordinance shall be published once in full before its final passage in the Independent Journal , a newspaper of general circulation, printed, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. 1 C . PAUL BETTtII� , Mayor Attest: MARION A. GRADY, City Cleik The above and foregoing Ordinance No. 1237 was read and introduced at a reqular meeting of the City Council of the City of San Rafael, held on the 2nd day of August , 1976, and ordered passed to print by the following vote, to -wit: AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mulryan and will come up for adoption as an Ordinance of the City of San Rafael at a reqular meeting of the Council to be held on the 16th day of Auqust , 1976. MARION A. GRADY, City CMrk - 2 -