Ord 308ORDINANCE NO. 308
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
ESTABLISHING A LAW ENFORCEMENT FORFEITED
PROPERTY AND ASSETS PROGRAM
AND DECLARING THE URGENCY THEREOF
WHEREAS, Federal and State law authorize the seizure by law enforcement per-
sonnel of real and personal property used in connection with or in relation to
the commission of certain crimes; and
WHEREAS, Federal and State law provide for participation by cities in the
retention of seized and forfeited property by local law enforcement agencies and
the use of the proceeds of such property exclusively for law enforcement pur-
poses in order to encourage and assist local law enforcement efforts against
crime in general, and illegal drug trafficking in particular; and
WHEREAS, drug trafficking within the City of Poway constitutes a current and
immediate threat to the public peace, health, safety, and welfare in that it is
causing injury and death to the citizens of the community; and
WHEREAS, it is necessary to establish a Law Enforcement Forfeited Property
and Assets Program for the immediate preservation of the public peace, health
and safety in order to encourage law enforcement personnel to lawfully seize
property used in connection with drug related crime and to use the proceeds of
such property exclusively for law enforcement purposes; and
WHEREAS, there exists such property which may be lawfully seized immediately
upon the adoption of this ordinance.
NOW, THEREFORE, the City Council of the City of Poway, California, does
ordain as follows:
Section 1. ESTABLISHMENT OF LAW ENFORCEMENT FORFEITED PROPERTY AND
ASSETS PROGRAM. Notwithstanding other city ordinances relating to similar
issues, this ordinance establishes a Law Enforcement Forfeited Property and
Assets Program, whereby the City may receive forfeited property and assets
transferred to it from the San Diego County Sheriff's Department in accordance
with Section 8 of the Agreement for General Law and Traffic Enforcement Services
and other pertinent authority such as the Comprehensive Crime Control Act of
1984 (21 U.S. Code Section 873 et seq.), the United States Attorney General's
Guidelines on Seized and Forfeited Property (Paragraph III D.3e), and the
California Health and Safety Code Sections 11470-11493).
Such property and assets are those which have been seized or collected by
contracted law enforcement personnel during the investigation of criminal acti-
vities, subsequently forfeited by judicial or administrative decision, and
transferred to the City as a result of participation by contracted law enfor-
cement personnel. The Program's purpose shall be to provide an added incentive
to the City to assist contracted law enforcement personnel in the fight against
crime, especially illegal drug trafficking.
ORDINANCE NO. 308
Page Two
Sectlon 2. ESTABLISHMENT OF FUND AND USE THEREOF. The monies received
by the Forfeited Property and Assets Program established by this ordinance, the
monies received from the sale of any forfeited tangible property or other asset
covered by this ordinance, and any interest thereon shall be deposited into a
Law Enforcement Forfeited Property and Asset Fund. The fund shall be used by
the City exclusively for law enforcement purposes.
Section 3. TITLE TO AND ACCOUNTING OF FUND ASSETS. Title to all
property/assets received pursuant to this program shall be taken in the name of
the City and shall vest in the City. Upon receipt of any transferred
property/asset, the City Manager shall immediately notify the Director of
Administrative Services of the acquisition. The Director, of his/her designee,
shall make the necessary entries in the City's inventory and accounting records,
using the property's/asset's fair market value on the date of acquisition, as
determined by the City's purchasing agent. Whenever the City deems it necessary
or expedient to sell forfeited non-cash property/assets received, the proceeds
shall be deposited in the Law Enforcement Forfeited Property and Asset Fund.
Section 4. ANNUAL REPORT. The City Manager shall establish regular
accounting and reporting procedures in connection with the Law Enforcement
Forfeited Property and Assets Program with strict accountability. A report
shall be provided by the City Manager on no less than an annual basis detailing
all monies and tangible assets received, all deposits, and all disbursements.
Section 5. DECLARATION OF URGENCY. This ordinance is declared to be an
urgency ordinance necessary for the preservation of the public peace, health and
safety as set forth in the recitals above. This ordinance is adopted pursuant
to Government Code Section 36034, and shall take effect in accordance with
Government Code Section 36937.
EFFECTIVE DATE: This ordinance shall take effect immediately and before the
expiration of fifteen {15} days after its passage, it shall be published once
with the names and members voting for and against the same in the Poway News
Chieftain, a newspaper of general circulation published in the City of Poway.
PASSED AND ADOPTED at a regular meeting of said City Council held the
28th day of November , 1989, BY THE FOLLOWING ROLL CALL VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
sten, Clerk
Marjori~JK. City
BRANNON, EMERY, GOLDSMITH, HIGGINSON
NONE
NONE
Linda Brannon, Deputy Mayor