HomeMy WebLinkAbout2362 ORDINANCE NO. 2362
AN ORDINANCE OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING
ARTICLE IV, CHAPTER 3 OF THE ARCADIA MUNICIPAL CODE
CONCERNING FOUND PROPERTY
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
SECTION 1. Article IV, Chapter 3 of the Arcadia Municipal Code is hereby
amended to read in its entirety as follows:
CHAPTER 3.
FOUND PROPERTY
"4300. DUTY OF CITY EMPLOYEES. When an officer or employee of the
City finds any lost money or property in or upon any public ground, street, highway, road,
alley, sidewalk as defined by Section 5600 of the California Streets and Highways Code,
public building or other property of the City, or when in the course of their duties such City
officer or employee shall otherwise come into the possession of any personal property
the owner of which is unknown or can be identified but has left such property behind, such
officer or employee shall deliver the same to the officer or person in charge of the place
where such money or property is found, or to the head of the City department in which
such officer or employee is employed or functions, together with a written statement
disclosing the circumstances of the finding, including the time and place thereof and the
address of the owner or the person entitled to the possession thereof if known to the
finder.
Section 4300.1. RETURN TO OWNER. Except for property that is subject to
the alternative procedure in section 4304, the person to whom the finder delivers such
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money or property shall cause the same to be delivered to the custody of the Chief of
Police who shall care for and protect all such property or money coming into their
possession. The Chief of Police shall restore such property or money to its true owner,
or the person entitled to possession thereof, upon proof of ownership or right of
possession satisfactory to them, and upon payment to the Chief of Police of all costs
reasonably or necessarily incurred by them in the care and protection of such property.
4301. SALE AT AUCTION. Unless otherwise provided by law, any unclaimed
property, other than money, in the possession of the Chief of Police may be sold at public
auction by the Chief of Police to the highest bidder after being held by the Chief of Police
for a period of at least five (5) weeks.
4301.1. SAME. NOTICE. Notice of such sale shall be published at least twice in
a newspaper of general circulation published in the City. The first publication shall be at
least eight (8) days prior to the time fixed for said auction. Said notice shall contain a
statement of the time and placed fixed by the Chief of Police for such auction, together
with a general description of the property offered for sale.
4301.3. SAME. PROCEEDS. Immediately upon the completion of any such sale,
the Chief of Police shall report to the City's Administrative Services Director the necessary
expenses of such sale actually incurred and a statement of the proceeds of such sale,
and shall forthwith pay to the City, for deposit in the General Fund, the proceeds
remaining after payment of the expenses actually incurred.
4302. DISPOSING OF UNSOLD PROPERTY. If there are no bids for any item
offered for sale at such auction, it shall be offered for sale with other unclaimed found
property at the next auction sale, in accordance with the procedures set forth in Section
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4301. If any item is not sold at the second auction at which it is offered, the City Manager
shall then make such disposition thereof in the public interest, as their determines. The
City Manager shall advise the City Treasurer of the disposition made of all such property,
and shall forthwith pay to the Treasurer all moneys received by them in the disposal of
such property.
4303. DISPOSING OF UNCLAIMED MONEY. Any money received by the Chief
of Police under Section 4300 hereof, shall be retained in their custody for a period of six
(6) months. All such money which remains unclaimed by its true owner, or the person
entitled to possession thereof, for a period of six (6) months from the date of its finding
shall be deposited by the Chief of Police with the City Treasurer for deposit in the General
Fund.
4304. ALTERNATE DISPOSITION OF FOUND PROPERTY OTHER THAN
MONEY.
Notwithstanding any provision in this Chapter 3 to the contrary, each city
department, including the Library, may take custody of any found or unclaimed property
that has a value of under five hundred dollars ($500), as reasonably estimated by the
head of the department. The head of the department may dispose of any unclaimed
personal property having a value of under five hundred dollars ($500) after its retention
for at least five (5) weeks by donating such personal property to a generally recognized
reputable charitable organization in or within twenty (20) miles from the City, as approved
by the City Manager.
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4305. POSTING NOTICE AT LIBRARY.
With respect to personal property or money found at the Library, a general notice
of the policy for disposition of found personal property or money shall be prominently
posted in a visible location in the Library.
SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and shall
cause a copy of same to be published at least once in the official newspaper of the City
within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty-
first (31st) day after its adoption.
Passed, approved and adopted this 15th day of October , 2019.
'/ayor of the City of Arcadia
ATTEST:
Cit, Clerk
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Ordinance No. 2362 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 15th day of October, 2019 and that said Ordinance was adopted by the
following vote, to wit:
AYES: Amundson, Beck, Chandler, and Verlato
NOES: None
ABSENT: Tay
ity erk of the i -•f Arcadia
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