O-06-44VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -06 -44
AN ORDINANCE AUTHORIZING THE SALE OF
UNCLAIMED PROPERTY HELD BY THE POLICE DEPARTMENT
BY LIVE OR ELECTRONIC PUBLIC AUCTION
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
5th day of September , 2006.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
5t day of September —1 2006.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -06 -44
AN ORDINANCE AUTHORIZING THE SALE OF
UNCLAIMED PROPERTY HELD BY THE POLICE DEPARTMENT
BY LIVE OR ELECTRONIC PUBLIC AUCTION
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, in the exercise of its home rule powers, as follows:
SECTION 1: That Chapter 15 (Morals and Conduct) of the Municipal Code of the
Village of Deerfield of 1975, as amended, be and the same is hereby further amended to add the
following as Article 9 thereof.
ARTICLE 9:
DISPOSITION OF UNCLAIMED PROPERTY
SECTION 15 -67.
SECTION 15 -68.
SECTION 15 -69.
SECTION 15 -70.
SECTION 15 -71.
SECTION 15 -72.
SECTION 15 -73.
SECTION 15 -74.
SECTION 15 -75.
SECTION 15 -76.
Defmitions
Return of Abandoned Property
Disposition of Unclaimed Weapons
Presumption of Abandonment
Disposition of Abandoned Property
Minimum Sale Price
Notice of Public Auction
Agent for Public Auction
Deposit of Proceeds
Recovery of Property
SECTION 15 -67. Definitions.
The following words and phrases when used in this Article shall for the
purpose of this Article, have the meanings ascribed below:
Abandoned Property: The term "Abandoned Property" shall mean any and all
personal property possession of which is transferred to the Deerfield Police
Department under circumstances supporting a reasonable belief that such property
was abandoned, lost or stolen or otherwise illegally possessed, but excluding
personal property seized during a search and retained and that is ultimately
returned, destroyed or otherwise disposed of pursuant to court order in accordance
with the Illinois Code of Criminal Procedure or other law hereafter applicable to
property thus retained.
Weapons: The term "Weapons" shall include, but is not limited to the following
items of abandoned property: pistols, revolvers, knives, slingshots, metallic
knuckles or other similar deadly weapons, taser guns, stun -guns, or any other
object or item deemed a "weapon" by the Police Department.
Public Auction: The term "Public Auction" shall include any method by which
the Deerfield Police Department effectuates the sale of abandoned property for
cash to the highest bidder at a public auction by way of collecting bids and selling
said item(s) to the highest bidder. The term "Public Auction" shall also include
an electronic auction conducted on the internet by the Deerfield Police
Department or its authorized agent wherein members of the public are invited to
and may submit bids electronically for an established period of time to effectuate
the sale of abandoned property to the highest bidder.
Auction Date: The term "Auction Date" shall mean the date that bidding is
scheduled to commence on abandoned property placed for sale at Public Auction.
SECTION 15 -68. Return of Abandoned Property.
The Police Department shall make reasonable inquiry and efforts to
identify and notify the owner or other person entitled to possession of abandoned
property in the possession of the Police Department, and shall return the property
after such person provides reasonable and satisfactory proof of his ownership or
right to possession and reimburses the Police Department for all reasonable
expenses of such custody.
SECTION 15 -69. Disposition of Unclaimed Weapons.
(a) Weapons that have been confiscated as a result of illegal
possession, or that otherwise constitutes abandoned property under this Article,
may be disposed of as provided herein (i) within 6 months of the date of
confiscation if no legitimate claim is made for the confiscated weapon within 6
months of the date of confiscation; or (ii) within 6 months of final court
disposition if such confiscated weapon was used for evidentiary purposes in a
court proceeding.
(b) Weapons that have been confiscated as provided herein shall either
be destroyed, retained by the Police Department for training purposes or
transferred to the Department of State Police as provided in the Law Enforcement
Disposition of Property Act (765 ILCS 1030), or as otherwise provided by law.
SECTION 15 -70. Presumption of Abandonment.
If the identity or location of the owner or other person entitled to
possession of lost, stolen or unclaimed property in the possession of the Police
Department has not been ascertained within 6 months after the Police Department
obtains such possession, the property shall be presumed to be abandoned and the
Chief of Police may effectuate the sale of the property for cash to the highest
bidder at public auction as provided in this Article, or as otherwise provided by
law.
SECTION 15 -71. Disposition of Abandoned Property.
If the Chief of Police determines that public interest would best be served
thereby, the Chief is authorized to transfer custody of abandoned property to the
Village for Village purposes, to cause it to be destroyed, to cause it to be turned
over to an appropriate governmental agency, or to cause it to be sold at public
auction.
SECTION 15 -72. Minimum Sale Price.
The Chief of Police is hereby authorized to determine a minimum price for
items to be sold at public auction.
SECTION 15 -73. Notice of Public Auction.
(a) If abandoned property is to sold at a live public auction, public
notice of the public auction shall be published at least once in a newspaper of
general circulation in Lake County at least ten (10) days prior to the auction date.
Such notice shall include the date, time and place of the public auction and a brief
description of the abandoned property to be sold at such public auction.
(b) If abandoned property is to be sold at an intemet auction, public
notice of the intemet public auction shall be published on the Deerfield Police
Department web site at least ten (10) days prior to the auction date. Such notice
shall include the web address of the auction site, the auction date, a brief
description of the abandoned property to be sold and information on how to
participate in the intemet auction.
(c) Property offered but not sold at any such public auction may be
offered and sold at a subsequent public auction without any further notice.
SECTION 15 -74. Agent for Public Auction.
The Chief of Police is authorized to contract with a qualified auctioneer,
auction service or intergovernmental agency to conduct a live public auction or an
internet public auction of abandoned property. The Chief is further authorized to
utilize an internet auction website accessible to the public for the purpose of
selling any abandoned property in the control of the Police Department at an
internet public auction.
SECTION 15 -75. Deposit of Proceeds.
The net proceeds from the sale or disposition of any such abandoned
property shall be deposited in a fund designated by the Director of Finance.
SECTION 15 -76. Recovery of Property.
The owner of abandoned property may rebut the presumption of
abandonment and claim and recover possession of property at any time before the
auction date for such property upon providing reasonable and satisfactory proof of
ownership or right to possession and reimbursing the Police Department for all
reasonable expenses of custody thereof, including but not limited to any and all
impound or storage fees, and/or transportation fees including towing costs.
Absolutely no claims to ownership will be reviewed once the auction has begun.
SECTION 2: That this Ordinance, and each of its terms, shall be the effective legislative
act of a home rule municipality without regard to whether such Ordinance should: (a) contain
terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b)
legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the
intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of
this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall
supersede state law in that regard within its jurisdiction.
SECTION 3: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as provided by law.
PASSED this 5th day of September , 2006.
AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6)
NAYS: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
APPROVED this 5th
ATTEST:
At
(1-1-�Tillage Clerk