O77-07ORDINANCE No. 77-7
AN ORDINANCE DECLARING CERTAIN PROPERTY A NUISANCE AND AUTHORIZING
IMPOUNDING; DECLARING WEAPONS A NUISANCE AND AUTHORIZING IMPOUNDING,
SALE AND DESTRUCTION; REGULATING LOST AND FOUND PROPERTY; DISPOSITION
OF PROPERTY SEIZED AS EVIDENCE; PROVIDING A LIEN ON IMPOUNDED PROPERTY;
AND PROVIDING FOR DISPOSITION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE:
SECTION 1. NUISANCE PERSONAL PROPERTY
(a.) Any personal property or obstruction placed; left standing,
erected or lying in violation of any city ordinance or left
unattended for more, than forty-eight (48) hours upon any public
street, sidewalk, park or other public, or private property
without consent of owner or person in charge of premises, may
be declared a nuisance.
(b.) All property found is declared a nuisance and may be removed
by the Chief of Police or at his direction and shall be taken
to a place of impoundment designated by the Chief of Police.
Such property remaining unclaimed, unidentified for a period of
sixty (60) days shall be kept until redeemed by the owner or
sold in accordinance with Resolution No. 77-L4
SECTION 2. WEAPONS AS A NUISANCE OR EVIDENCE
(a.) All weapons, as defined in the Weapons Chapter of the Texas
Penal Code, placed, left standing, or lying in violation of
any ordinance of the City or left unattended in or upon any
public street, alley, sidewalk, park or other public property,
or private property without consent of owner or person in charge
of premises, may be declared a nuisance.
(b.) Any weapons declared a nuisance may be removed by the Chief of
Police or at his direction and shall be taken to a place of
impoundment designated by the Chief of Police.
(c.) All weapons found in violation of (a) of this section which shall
remain unidentified and unclaimed in the custody of the Police
Departement of the City for a period of sixty (60) days without
being claimed by the owner thereof (provided that nothing
herein shall require the release of a prohibited weapon, as
defined by Section 46.06 of the Texas Penal Code) and which are
not being held as evidence in any pending case, shall be
destroyed in the presence of one police officer and the Chief
of Police who shall make a report under oath, listing the make,
model, type and serial number of the property destroyed, together
with the time, date, place and manner of destruction to the
City Administrator. Provided, however, that this section shall not
apply to (i) weapons which the Chief of Police of the City has
determined to be serviceable, which shall be kept in reserve by the
City Police Department for use in the event of civil disorder or
disaster, (ii) weapons which have been classified as "antique" or
"collector's''items" by a qualified expert in the firearms field
and which shall be advertised as such and sold at public auction
as provided herein. The Chief of Police shall determine and select
a qualified expert in the firearms field to classify such weapons.
(d.) All property (abandoned, stolen, or recovered), contraband or
controlled substances (the possession, use, sale, manufacture,
transportation, repair, delivery of which is prohibited by law),
and other property seized as evidence in connection with an
offense under any ordinance of the City or the Texas Penal Code or
being held as evidence in any pending case shall be disposed of
under the provisions of Articles 18.18, 18.19, 47.01-47.11 Texas
Code of Criminal Procedure.
(a.)
SECTION 3. LOST AND FOUND PROPERTY
All lost or misplaced personal property turned over to the Police
Department shall be held for a period of sixty (60) days. If
unclaimed by the owner, and the owner is unidentified, the
property may be returned to the finder. If the property owner
is identified, the property shall be held until claimed or after
sixty (60) days form date of custody by the Police Department
shall process the property as determined in Resolution No. 77-4
Provided that nothing in this section shall require the release
of a prohibited weapon as defined by the Texas Penal Code.
SECTION 4. LIEN AND DISPOSITION OF PROPERTY
(a.) The City of Kennedale shall have a lien on impounded personal
property for costs incurred in impounding, storing and
advertising such property, and the lien shall be prior and
superior to all other liens except advaloreum taxes. The City
may retain possession of said property until all costs are
paid and may sell as provided.
(b.) The Chief of Police shall give to the City Administrator a list
of all property impounded who shall administer the disposition
of the property as provided in Resolution No.
77-4
PASSED AND APPROVED This loth day of March, 1977
ATTEST:
Evelyn Templeton, C- y Secretary
(City Seal)
APPROjI D:
eve Radakovich, Mayor