HomeMy WebLinkAboutOrdinance No. 19577ORDINANCE 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-
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dupois ounce of marijuana.
Criminal cons irac . That defined in ORS 161.450.
Del i ver,,,,~or ,,,del,,, very has that definition provided i n ORS
475.0058}.
111 eq al _.,,act i y i ty
~a} Unlawful possession of a controlled substance as de-
fined in ORS 415.9924};
fib} The manufacture or delivery of controlled substances;
~c} The possession of cantrolled substances with intent
to deliver;
~d} Theft activity; or
fie} Criminal conspiracy to commit one of the crimes men-
t~oned in ~a} to ~d} of this paragraph.
~f} An attempt to commit one of the crimes mentioned
in ~a} to fie} of this paragraph.
Manufacture has that definition provided in ORS 475.00514}.
Production has that definition provided in ORS 415.OO5~19 .
. }
Pra ert used to rornote ~ 11 e al acts vT t . Property that has
a substantial connection to, or is instrumental in, the commission
of illegal activity.
Substantial connection. There is a substantial connection to
an illegal activity when property is used, ar intended to be used
in any manner, ~n the course of, in furtherance of, derived from,
or realized through an illegal activity.
Theft act~v~t . Includes all farms of attempted theft and
theft contained in ORS 164,005 to ORS 164.140.
4.247 Forfeiture.
~1} Except as provided in subsections ~2} and ~3} of this section
property used to promote illegal activity is hereby declared to be a ublic
nuisance and is sub'ect to fo ~ p
~ rfe~ture by the city. The following property
~s subject to forfeiture under this code:
~a} Any controlled substance which is intended for ar has
been manufactured or delivered.
fib} Any raw material, product, container, equipment, book
record, research material including formula, microfilm ma net~c
tae and data of an k' ~ ~ g
p } ,y end which is used, ar ~s intended for use
~ n an ~ 11 egal acts v~ ty.
~c} Any conveyance including aircraft, vehicle or vessel which
is used to manufacture or deliver or in any manner to facilitate
the manufacture or delivery of any controlled substance or an such
Y
conveyance which is used to transport or conceal any controlled
substance.
~d} Any money, negotiable instrument, security or other thin
of value furnished or exch g
angel or intended to be furnished or ex-
changed by or to any person to facilitate any illegal activit and
y,
any proceed or profit traceable to such furnishment, exchange or
illegal activity.
f fie} Any proceed, profit or thing of value traceable to an
y
illegal activity,
~f} Any equipment, material or record of any sort that is
used, or intended for use to facilitate any illegal activity.
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fig} Any real property which is used to possess, manufacture
or delver any controlled substance.
. ~2} This section shall not apply to residential real property
which ~s used to fac~l~tate the possession, manufacture or delivery of mari-
juana, or is used for theft activity, unless the city proves beyond a reason-
able doubt that the real property or equity therein was acquired with assets
derived from illegal activity.
43} No property shall be forfeited under sections 4.245 to 4.255
to the extent of the interest of any owner or holder of security interest
who did not consent to or was not aware of the use of the ro ert in the
ille al activi p p y
g ty.
4.249 Exem tion. Sections 4.245 to 4.255 shall not apply to those unlaw-
ful acts defined in ORS 166.7201} and ~2}.
4.251 Forfeiture -
Seizure.
~1} Any property subject to forfeiture to the city under section
4.247 may be seized by any police officer on behalf of the city without issu-
ance of court process when:
~a} The seizure is incident to a lawful arrest or search
under a search warrant or an inspection under an administrative
search; or
fib} A police officer lawfully seizes the property under
ORS 133.525 to 133.703 and has probable cause to believe that the
property has been used or is intended far use in or to facilitate
illegal activity; or
~c} The property subject to seizure has been the subject of
a prior judgment ~n favor of the city in a forfeiture proceeding
under this code.
4.253 Forfeiture - Institution of Le al Proceedin s.
~1} In the event of a seizure under section 4.251, or upon recei t
of ~nformat~on which Ives the ci p
g ty manager or the manager's designee prob-
able cause to believe that property could be subject to forfeiture under sec-
tion 4.247, the city manager may institute a forfeiture proceedin in rem to
obtain a 'ud ment of forfe' ~ g
~ g ~ture against the seized property,
~2} If property has been seized pursuant to paragra hs 4.251 1 a
p, ~}~}
or ~ 1 } ~ b} , w~ th i n 3o calendar days of the se ~ zure there ma be f ~ 1 ed b the
y y
city manager a compla7nt and an appl7cat~on for a temporary restrainin
order restra i n i n the ret ~ g
g urn of the seized property to any person cla~m~ng
an interest ~n ~t. Under this subsection forfeiture proceedings shall not
be initiated against property that was seized after the 3o-da eriod des-
yp
cribed above has expired.
~3} The proceedings for the forfeiture of the property shall be
1n accordance with the Oregon Rules of Civil Procedure and any person claim-
ing an ownership interest in the property may file an answer and have the
right to a fury trial. The burden of proof is on the city by a re onder-
p p
once of the evidence, except as provided in subsection 4.Z47~2 .
}
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4.255 Forfeiture,„- D,~„s~o,sit~on of Property.
~1~ Prior ~~to dbta~ni~ng any forfe~~ture judgment, any mane secur-
y
ity and negotiable instrument that is not retained by the seizing law
enforcement agency for evidentiary purposes shall be depasited with the city
finance officer pending the outcome of the forfeiture proceeding, Other
property shall be kept in the custody of the city manager, or the manager's
designee, until a forfeiture judgment is obtained.
~2} When a judgment of forfeiture is obtained under sections 4,245
to 4.255, the property shall be disposed of as follows;
4a} At the discretion of the city manager or the manager's
designee, the forfeited property other than money, securities or a
negotiable instrument, may be retained for official use in law
enforcement activities, When the city manager or the manager's
designee determines that the praperty will no longer be used far
law enforcement purposes, it shall be disposed of in accordance
with this code.
~b~ Property except money, securities and negotiable instru-
ments~ which ~s not required by law to be destroyed and which is
not harmful to the public shall be disposed of as provided by this
code.
~c} The proceeds from disposition of seized property shall
be deposited in the general fund of the city.
Section 2. The matters contained herein concern the public health,
safety and welfare and therefore an emergency is hereby declared to exist
and this Ordinance shall become effective immediately upon its assa e b
p g y
the City Council and approval by the Mayor.
Passed by the City Council this
Approved by the Mayor this
26th d of September, 1985
`' r
r Ci Recorde
26th day of ~~ember, k~8
Mayor
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