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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