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Rightful Owner, of the San Rafael Municipal Code is hereby repealed.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.
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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
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