Ordinance No. 19577 - Laserfiche WebLink

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ORDINANCE NO. 19511 AN ORDINANCE PROVIDING FOR THE FORFEITURE OF REAL, PERSONAL AND INTANGIBLE PROPERTY THAT FACILITATES THE COMMISSION OF CERTAIN PROHIBITED ACTIVITIES; AUTHORIZING A CIVIL ACTION TO ENFORCE SUCH FORFEITURE; ADDING SECTIONS 4.245, 4.241, 4.249, 4.251, 4.253, AND 4.255 TO THE EUGENE CODE, 1911; AND DECLARING AN EMERGENCY. The City Council of the City of Eugene finds that; A. Property that is the instrumentalities of or the proceeds from illegal activity generally either cannot be seized or must be returned to the owner upon disposition of the criminal charge. B. These instrumentalities and proceeds are often used to facilitate further illegal activity. The return of property thus serves to encoura e and er etuate the commiss' ~ g p p ion of crime within the city. C. The council therefore declares that to protect the safety and wel- fare of its residents it is in the best interest of the city to: ~1~ Hinder criminal activity within the city by depriving crimi- nals, and those persons dealing with them, of the instrumentalities and proceeds of their trade; ~2} Otherwise deter criminal activity and remove the operatin g instru~~entalities, profits and proceeds of illegal transactions; and ~3~ Use the forfeited praperty to further fund law enforcement and criminal prosecution functions: NOW, THEREFORE, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section I. Based upon the above findings, which are adopted herein, the follawing caption and sections are added to the Eugene Code, 1971: Fn~FF~T~in~ 4.245 Forfeiture - Definitions. As used in sections 4.245 to 4.255 unless the context requires otherwise, the following wards and phrases mean; Attem t has that definition pravided in ORS 161.405, Controlled substance has that definition pravided in ORS 475.005~6~, except that this shall not include less than one avoir- Ordinance - 1