Chapter 3.40


3.40.010    Program established.

3.40.020    Use of funds.

3.40.030    Title to property or assets.

3.40.040    Accounting.

3.40.010 Program established.

A. Notwithstanding other city ordinances relating to similar issues, a law enforcement forfeited property and assets program is established whereby the city may receive forfeited property and assets transferred to it from the county sheriff’s department in accordance with Section 8 of the Agreement of General Law and Traffic Enforcement Services and other pertinent authority, such as the Comprehensive Crime Control Act of 1984 (21 U.S. Code Section 873 et seq.), the United States Attorney General’s Guidelines on Seized and Forfeited Property (Paragraph III D.3.e), and the California Health and Safety Code Sections 11470 through 11493.

B. The property and assets subject to the program are those which have been seized or collected by contracted law enforcement personnel during the investigation of criminal activities, subsequently forfeited by judicial or administrative decision, and transferred to the city as a result of participation by contracted law enforcement personnel. The program’s purpose shall be to provide an added incentive to the city to assist contracted law enforcement personnel in the fight against crime, especially illegal drug trafficking. (Ord. 95 § 1, 1989)

3.40.020 Use of funds.

Any moneys received by the forfeited property and assets program, including the moneys received from the sale of any forfeited tangible property or other asset, and any interest thereon shall be deposited into a law enforcement forfeited property and asset account of the general fund. The account shall be used by the city exclusively for law enforcement purposes. (Ord. 95 § 1, 1989)

3.40.030 Title to property or assets.

Title to all property or assets received pursuant to this program shall be taken in the name of the city and shall vest in the city. Upon receipt of any transferred property or asset, the city manager, or manager’s designee, shall immediately notify the city finance director of the acquisition. The finance director, or the director’s designee, shall make the necessary entries in the city’s inventory and accounting records, using the property’s or asset’s fair market value on the date of acquisition, as determined by the city’s purchasing agent. Whenever the city deems it necessary or expedient to sell forfeited noncash property or assets received, the proceeds shall be deposited in the law enforcement forfeited property and asset fund. (Ord. 95 § 1, 1989)

3.40.040 Accounting.

The finance director shall establish regular accounting and reporting procedures in connection with the law enforcement forfeited property and assets program with strict accountability. A report shall be provided to the city manager on no less than an annual basis, detailing all moneys and tangible assets received, all deposits, and all disbursements. (Ord. 95 § 1, 1989)