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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 � 1 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' 2 1 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 3 � 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 4 . 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 . 5