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Ordinance No. 19577
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Ordinance No. 19577
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Last modified
6/10/2010 3:45:33 PM
Creation date
3/3/2009 12:44:26 PM
Metadata
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Council Ordinances
CMO_Document_Number
19577
Document_Title
Ordinance providing for forfeiture of real, personal & intangible property that facilitates the commission of certain prohibited activities; authorizing civil action to enforce such forfeiture; adding sections to Eugene Code; & declaring emergency
Adopted_Date
9/26/1998
Approved Date
9/26/1998
CMO_Effective_Date
9/26/1998
Signer
Brian B. Obie
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dupois ounce of marijuana. <br />Criminal cons irac . That defined in ORS 161.450. <br />Del i ver,,,,~or ,,,del,,, very has that definition provided i n ORS <br />475.0058}. <br />111 eq al _.,,act i y i ty <br />~a} Unlawful possession of a controlled substance as de- <br />fined in ORS 415.9924}; <br />fib} The manufacture or delivery of controlled substances; <br />~c} The possession of cantrolled substances with intent <br />to deliver; <br />~d} Theft activity; or <br />fie} Criminal conspiracy to commit one of the crimes men- <br />t~oned in ~a} to ~d} of this paragraph. <br />~f} An attempt to commit one of the crimes mentioned <br />in ~a} to fie} of this paragraph. <br />Manufacture has that definition provided in ORS 475.00514}. <br />Production has that definition provided in ORS 415.OO5~19 . <br />. } <br />Pra ert used to rornote ~ 11 e al acts vT t . Property that has <br />a substantial connection to, or is instrumental in, the commission <br />of illegal activity. <br />Substantial connection. There is a substantial connection to <br />an illegal activity when property is used, ar intended to be used <br />in any manner, ~n the course of, in furtherance of, derived from, <br />or realized through an illegal activity. <br />Theft act~v~t . Includes all farms of attempted theft and <br />theft contained in ORS 164,005 to ORS 164.140. <br />4.247 Forfeiture. <br />~1} Except as provided in subsections ~2} and ~3} of this section <br />property used to promote illegal activity is hereby declared to be a ublic <br />nuisance and is sub'ect to fo ~ p <br />~ rfe~ture by the city. The following property <br />~s subject to forfeiture under this code: <br />~a} Any controlled substance which is intended for ar has <br />been manufactured or delivered. <br />fib} Any raw material, product, container, equipment, book <br />record, research material including formula, microfilm ma net~c <br />tae and data of an k' ~ ~ g <br />p } ,y end which is used, ar ~s intended for use <br />~ n an ~ 11 egal acts v~ ty. <br />~c} Any conveyance including aircraft, vehicle or vessel which <br />is used to manufacture or deliver or in any manner to facilitate <br />the manufacture or delivery of any controlled substance or an such <br />Y <br />conveyance which is used to transport or conceal any controlled <br />substance. <br />~d} Any money, negotiable instrument, security or other thin <br />of value furnished or exch g <br />angel or intended to be furnished or ex- <br />changed by or to any person to facilitate any illegal activit and <br />y, <br />any proceed or profit traceable to such furnishment, exchange or <br />illegal activity. <br />f fie} Any proceed, profit or thing of value traceable to an <br />y <br />illegal activity, <br />~f} Any equipment, material or record of any sort that is <br />used, or intended for use to facilitate any illegal activity. <br />Ordinance - 2 <br />
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