HomeMy WebLinkAboutORD 4562 l
.. CITY OF RENTON, WASHINGTON
, ORDINANCE N0. 4562
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
CHAPTER 18, PENAL CODE, OF TITLE VI (POLICE REGULATIONS) ,
OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL
ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY ADDING A
NEW .SECTION RELATING TO FORFEITURE OF FIREARMS.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN
AS FOLLOWS :
SECTION I. Chapter 18, Penal Code, of Title VI (Police
Regulations) , of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended by
adding the following section which reads as follows : �,
6-18-17 : FORFEITURE OF FIREARMS .
A. In the event that a firearm is seized by the City of
Renton Police Department, and the owner or person from whom the
firearm was seized or any other person claiming ownership or a
right to possess the firearm may be ineligible to lawfully possess
the firearm pursuant to Chapter 9 .41 RCW, thereby preventing the '
police department from lawfully returning the firearm(s) to said
person, then proceedings for forfeiture shall be deemed commenced
by the seizure . Within fifteen (15) days following the
determination by the Renton Police Department that the owner or
person from whom the firearm was seized or any other person
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ORDINANCE NO. 4562
claiming ownership or a right to possess the firearm may be
ineligible to lawfully possess the firearm pursuant to Chapter 9 .41 I
RCW, the Renton Police Department shall cause notice to be served I
on the owner of the firearm seized, the person in charge thereof,
and any person having any known right or interest therein,
including any community property interest, of the seizure and
intended forfeiture of the firearm(s) . The notice of seizure may
be served by ariy method authorized by law or court rule including
but not limited to service by certified mail with return receipt
requested. Service by mail shall be deemed complete upon mailing
to the last known address within the fifteen (15) day period
following the determination by the Renton Police Department that
the individual may be ineligible to possess a firearm.
B. If no person notifies the Renton Police Department in
writing of the person' s claim of ownership or right to possession
of the firearm(s) within forty-five (45) days from the date notice
is served, the item seized shall be deemed forfeited.
C. If any person notifies the Renton Police Department in
writing of the person' s claim of ownership or right to possession I�
of the firearm(s) within fort -five (45) da s, the erson or III
Y Y P ,
persons shall be afforded a reasonable opportunity to be heard as
to the claim or right . I'
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ORDINANCE NO. 4562
If the person claiming ownership or right to possess the
firearm(s) is charged by the City of Renton with a criminal offense
arising out of the same incident from which the firearm(s) was
seized, the hearing shall be held immediately following the
disposition of the criminal matter. In all other cases, the
hearing shall be before the chief law enforcement officer of the
City of Renton or his/her designee, except that any person
asserting a claim or right may remove the matter to a court of
competent jurisdiction. Removal may only be accomplished according
to the rules of civil procedure. The court to which the matter is
to be removed shall be the district court when the aggregate value
of personal property is within the jurisdictional limit set forth
in RCW 3 . 66 . 020 . The person seeking removal of the matter must
serve process against the City of Renton and any other party of
interest, in accordance with RCW 4 .28 . 080 or 4 . 92 . 020, within
forty-five (45) days after the person seeking removal has notified
the Renton Police Department of the person' s claim of ownership or
right to possession. A hearing before the judge or the chief law
enforcement officer or his/her designee and any appeal therefrom
shall be under Title 34 RCW.
In a court hearing between two or more claimants to the
article or articles involved, the prevailing party shall be
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ORDINANCE NO. 4562
entitled to a judgment for costs and reasonable attorney' s fees .
The burden of producing evidence shall be upon the person claiming
to be the lawful owner or the person claiming to have the lawful
right to possession of the firearm(s) . The Renton Police
Department shall promptly return the firearm(s) to the claimant
upon a determination by the judge or chief law enforcement officer
or his/her designee that the claimant is lawfully entitled to
possession pursuant to Chapter 9 .41 RCW, and as soon as the
firearm(s) is no longer needed as evidence.
D. Nothing in this section shall affect the police
department' s authority to hold any firearm as evidence for any
criminal investigation, prosecution or appeal .
SECTION II . This Ordinance shall be effective upon its
passage, approval, and thirty days after publication.
PASSED BY THE CITY COUNCIL this 4th day of December , 1995 .
.
Marily Petersen, City Clerk
APPROVED BY THE MAYOR this 4th day of December , 1995 . I
1 Clymer, May
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ORDINANCE NO. 4562
Approved a�_to legal form:
Lawr ce J. Warre City Attorney
Date of Publication: December 8, 1995
ORD. 52-:l: ll/27/95 :as .
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