0145 ORDINANCE NO. 145
AN ORDINANCE AUTHORIZING THE SEIZURE, STORAGE, AND /OR SAJ1E OF ABAND-
ONED MOTOR VEHICLF.J AND OTHERABANDONEO # PERSONAL PROPERTY WITHIN THE
CITY OF JACKSONVILLE, ARKANSAS, CEDLARING AND EMERGENCY TO EXIST, AND
FOR OTHER PURPOSES.
WHEREAS, motor vehicles and other items of personal property are
sometimes abandoned by the owners thereof upon the city streets and
alley and at other public places within the City of Jacksonville,
Arkansas, and
WEJEtMAS, such items have been held for long periods of time by
the Police Department of said City without being claimed by the owners
and without authorization for the disposal of sue; and
WHEREAS, it is necessary for the immediate preservation of the
healty, safety, peace, welfare and morals of the oitizens of said city,
that an emergency be declared to exist in the treatment of such property;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
JACKSONVILLE, ARKANSAS: THAT:
SECTION 1. Definitions. Within thin ordinance the following words
shall have the meaning hereinafter set forth:
A. Abandoned Motor Vehicle shall be and include any andall auto-
mobiles, trucks, and/or any other vehicles wfaioh are selfpropelied,
and which have been illegally parked upon any of the streets, alleys
or in any public places in Jacksonville, Arkansas for a period of
not less than 8 consecutive hours during which time no exercise
of ownership has been exhibited; or which are causing a hazard to
other traffic moving upon the streets and alleys in Jacksonville,
Arkansas.
B. Abandoned Personal Property shall include all personal property
except motor vehicles, found upon the streets, alleys and/or in
other public places in the City of Jacksonville, Arkansas, rightfully
coming into the possession of the claimed or retaktzn by any person
claiming to be the owner within a period of sixty (60) days after
the said personal property comes into the possession of the police
department
SECTION 2. From and after the passage of this Ordinance when any
vehicle is found abandoned within the said city by the Chief of Police
of the City of Jacksonville, or any other faw enforcement officer of
the said city or authorized to act within said city, the same shall be
stored by such officer and its owner located if possible.
In the event the owner is located, he shall be duly notified of
the possession by the police department of the motor vehicle. If the
owner shall, within twenty -four hours after being notified, appear and
claim his motor vehicle, it shall be returned upon proper identification
and proof of ownership and upon payment of any storage, pickup and
notification charges.
When the following provusions have been complied with:
(A) That the officer:storing such vehicle shall make an intelligent
inquiry as to the registration of the motor and license number of said
vehicle;
(B) That such officer shall notify the Federal Bureau of Investi-
gation to submit if such car has been reported stolen; and
(C) That the National Bureau of Underwriters be notified by report
as to the car being stolen; and the owner of the said motor vehicle is
still unknown and does not appear within two weeks after the said motor
vehicle comes within the possession of the Jacksonville Police Depart-
ment and claim said motor vehicle; the Chief of Police shall cause
written notice to be published in some newpaper of general circulation
within said city by two insertions, one each week for two consecutive
weeks that possession of said vehicle is held by the police department.
If ownership is established after notice has been published by the
Chief of Police, said motir vehicle shall be returned to the owner
thereof upon payment of all storage, pickup, towing and publishing costs.
SECTION 3. A description of all such abandoned botor vehicles
coming into the possession of the police department for that purpose; and
such record shall reflect when and where the (abandoned motor vehicle
was seized, costs of storage as accrued, costs of notices published, and
cost, if any attributable to the sale of such vehicle.)
SECTION 4. When a period of three months (90 days) has elapsed
after the abandoned motor vehicle came into possession of the police
department of Jacksonville, and the owner has not been located, the
said abandoned motor vehicle shall be sold under the provisions of Judi-
cial Sales in Arkansas. and under the supervision of the County Court.
SECTION 5. Proceeds of sale shall be distributed as follows: First,
to cover cost of sale. Second, to pay all costs of notice, storage,
towing and of maintaining records regarding the said motor vehicle by
the police department. Third, The balance shall be paid to the owner
if proof of ownership is established within ninety (90) days after the d
date of.sale; however, if ownership is not established within such
period of time, such balance shall be paid over to•:.the General Treasury
of the City of Jacksonville; Arkansas.
SECTION 6. Whenever, after the passage of this Ordinance, in the
opinion of the Mayor and the Chief of Police of Jacksonville, Arkansas,
it is desirable to make a desposition of the abandoned personal property,
excluding motor vehicles, within the possession of the police department
of said city, the chief of police is hereby authorized to advertise the
same for public sale at auction.
The advertisement shall be published in a newspaper having a general
circulation in the City of Jacksonville, Arkansas,once each week for
two consecutive weeks; the last notice of which shall not be less than
one week prior to the date of the sale, and which shall contain a descri-
ption of the property to be sold.
The sale shall be held in some suitable place upon the to public.
If for any reason, in the opion of the chief of police, it is desirable
to postpone the sale, notice shall be ginve to those who have assembled
for the sale, and it shall not be necessary to advertise the sale again.
The sale shall be conducted by the police department, which is hereby a:u
authorized to recieve bids for individual items, groups of items or for
the entire list of abandoned personal property being offered for sale.
the official conducting the sale shall deliver property upon the high -
ist bid recieved; except that he be and he is hereby authorized to
reject all bids, if, in his opinion, it is desirable to do so.
SECTION 7. A description of all articles offered for sale shall
be kept in a book amintained by the police department, which book shlll
reflect when and where each article was recieved by the police depart-
ment, when and where each article was offered for sale, the price recie-
ved therefor, the cost of publishing notice and the cost, if any, attri-
butable to such article for the sale.
SECTION 8. The proceeds recieved from any such sale of abandoned
personal property shall be turned in to the City Collector to be bild
by him in a separate account for a period of six months. During this six
month's period, any person claiming to be the owner of any abandoned
property sold as set out above may make claim for the porceeds of
said sale, If said person successfully establishes ownership of any
such article or articles, he shall be paid the amount realized from
the sale of his abandoned personal property, less the expenses of such
sale. Any sums remaining in the hands ofthe city collictor and not
claimed within thesix months period shall be paid into the General
Teeasury of the City.
SECTION 9. Whereas, the seizure, storage and sale of abandoned
motor vehicles and personal property within the city of Jacksonville,
Arkansas is necessary for the health, safety and welfare of the citizens
of the City of Jacksonville, Arkansas; and the preservation of public
funds presently being necessary for the storage and maintaining of
such abandoned property should be utilized for other services bene -
fitting the citizens of Jacksonville; Therefore, an emergency is hereby
declared to exist and this Ordinance shall be in full force and effect
from and after its passage.
PASSED THIS ( P DAY 0P 60 � , 1963.
Mayor
ttest , f{
t �%J y Clerk