Ordinance No. 87-60 CITY OF TI:GARD, OREGON
ORDINANCE NO. 87--__�,O
AN ORDINANCE PROVIDING FOR CIVIL FORFEITURE OF INGTRUMENTAL.T.TIES & PROCEEDS OF
CRIMINAL AC'TIVI'TY, TERMINATING AN INTERGOVERNMENTAL AGREEMENT, SE'T'TING AN
EFFECTIVE DATE AND DECLARING AN EMERGENCY.
WHEREAS, property that is seized from arrested persons which constitutes the
proceeds or instrumentalities of a crime must- generally be returned to the
criminal upon disposition of the charge; and
WHEREAS, these instrumentalities and proceeds are often used to again commit
the same or another crime and the return of the property thus serves to
encourage and perpetuate the commission of crime in the City of Tigard; and
WHEREAS, the Tigard City Council finds that to protect the safety and welfare
of the City of Tigard residents, it is in the best interest of the City of
Tigard to: cripple illegal drug trafficking and narcotics activities by
depriving narcotics dealers, and those persons dealing with them, of the
instrumentalities and proceeds of their traria; seize gambling equipment,
records and the proceeds of illegal gambling activity, arid, to otherwise deter
illegal activity and remolve the operating instrumentalities, profits and
proceeds of certain crimes from criminals; and
WHEREAS, the Tigard City Council finds it appropriate is use the forfeited
property to fund law enforcement activities that: could not otherwise be funded
within the City's budget; and
WHEREAS, the Tigard City Council had entered into an intergovermental
agreement with Washington County providing for civil forfeiture enforcement
dated January 29, 1986; and
WHEREAS, the Tigard City Council now wishes to give notice to Washington
County Commissioners that it desires termination of said agreement by either
60 days notice or by immediate mutual consent so that the City of Tigard can
perform the function of civil forfeiture itself.
THE CITY OF TIGARD ORDAINS AS FOLLOWS;
Section 1. Title. This chapter shall be known as the Forfeiture Ordinance of
the City of Tigard and may be so pleaded and referred to.
Section 2. Definitions. (a) As used in this ordinance, unless the context
requires otherwise:
(1) "Controlled substances" are those defined in ORS 475.005(6)
[1985 ed.] except that this shall not: include less than one
avoirdupois ounce of marijuana.
(2) "Deliver or delivery" is that defined in ORS 475.005(8)
[1985 ed.].
(3) "Facilitate" means that the property must have some
substantial connection to, or be instrumental in, the
commission of the underlying illegal activity which this
chapter seeks to prevent.
ORDINANCE NO. 87—_6,c,
Page 1
(4) "Gambling" is that defined in QRS 167.117(4) [1985 ed].
(5) "Illegal activity" means;
f: (a) Gambling or promotion of gambling; or
(b) The manufacture or delivery of controlled substances; or
(c) The possession of controlled substances with the intuit
to distribute.
(6) "Ma�rufactur•e" is that defined it ORS 475.005(14) [1985 ed.].
(7) "Marijuana" is that defined in ONa 475.005(15) [1985 ed.] .
(8) "Possession of controlled substances with the intent to
distribute" is that defined in 21 USC §841(x)(1) [1976 ed. ;
published 1981].
(9) "Production" is that defined in ORS 475.005(19) [1985 ed.].
(10) "Promotion of gambling" is that defined in ORS 167.117(10)
[1985 ed.].
Section 3. Forfeiture. (a) Any person who engages in illegal activity
within the City of Tigard shall forfeit to the City of Tigard the
following property, and no property right shall exist in it;
(1) All controlled substances which are intended for manufacture,
delivery or distribution, or- that have been manufactured,
delivered, or distributed;
(2) All raw materials, products, %Oita:tiic-1 .i, 2^1—pi^,cnt., books,
4 records, research materials of any kind which are used, or
are intended for use, to manufacture, compound, store,
process, distribute or deliver any controlled substances;
(3) All conveyances, including aircraft, vehicles or vessels
which are used to manufacture, deliver, or distribute in any
( manner to facilitate the manufacture, delivery, or
distribution of any controlled substance or any such
conveyance which is used to transport or conceal any
controlled substance;
(4) All monies, negotiable instruments, securities or other,
things of value furnished or exchanged or intended to be
furnished or exchanged by or- to any person to facilitate any
illegal activity, and all proceeds and profits traceable to
such f-urnishment, exchange or illegal activity;
(5) All proceeds, profits and things of value excepting
residential real property traceable to any illegal activity;
(6) All equipment, materials or records of any sort that are
used, or intended for use, to facilitate any illegal
activity; and
(7) All real property, other than residential property, which is
used to manufacture any controlled substance, or used to
facilitate the promotion of gambling as defined in
ORS 167.127 [1985 ed.].
(b) This chapter shall not apply to those acts made unlawful by
ORS 166.720,
Section 4. Seizure. (a) Any property subject to forfeiture to the City of
Tigard under this chapter may be seized by any police officer on
behalf of the City without issuance of court process when:
(1) The seizure is incident to an arrest or search under a search ,
warrant or an inspection under an administrative search; or
(2) The property subject: to seizure has been the subject of a
prior judgment in favor of the City of Tigard in a forfeiture
proceeding under this chapter; or
ORDINANCE NO. 97—__Lo
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(3) A police officer 'lawfully seizes the property under ORS
133.525 to 133,615 [1985 ed.] and has probable cause to
believe that: the property has been used or- is intended for
use in or to facilitate illegal activity.
Section 5. Institution of legal proceedin s.
(a) In the event of a seizure under, this chapter, the City
Attorney, acting in the name of the City, may institute a
forfeiture proceeding to obtain a judgment of forfeiture against
the seized property.
(b) The proceedings shall be instituted and conducted in
accordance with the Oregon Rules of Civil Procedure and the Oregon
Rules of Evidence relating to civil actions. Upon the filing of
the complaint, the City Attorney shall initiate an application for
a temporary restraining order restraining the return of the seized
property to the defendant or other owner of the property. The
defendant or owner of the property may demand a trial by jury in
any civil action brought pursuant to this section.
Section 6. Disposition of pro ertA.
(a) Prior to obtaining any forfeiture judgment, any money,
securities and negotiable instruments that are not retained by the
Chief of Police for evidentiary purposes shall be deposited with
the Financial Officer of the City of Tigard pending the outcome of
the forfeiture proceedings. The Financial Officer- is authorized
to deposit or invest such property under the same conditions that
apply to the deposit and investment of City funds.
(b) Seized property other than money, securities and negotiable
instruments shall be kept in the custody of the Chief of Police or
his designee for safe keeping until judgment is rendered in the
forfeiture action.
(c) When a judgment of forfeiture is obtained under this chapter,
the property shall be disposed of as follows:
(1) At the discretion of the Chief of Police, the forfeited
property may be retained for official use in law
enforcement activities When the Chief of Police
determines that such property will no longer be used for
law enforcement purposes, it shall be sold in accordance
with (2) and (3) of this subsection.
(2) Property (except money.. securities and negotiable �
instruments) which is not required by law to be
destroyed and which is not harmful to the public shall
be sold at a public auction by the Chief of Police.
(3) The proceeds of any sale, and any money, securities or f
negotiable instruments shall be used by the City of
Tigard Police for law enforcement purposes.
S?ction 7. Non—Consensual use of property for illegal activity No property
shall be forfeited under this chapter to the extent of the
interest of an owner who did not consent to the use of the r
property in the illegal activity.
ORDINANCE NO. 87:_(ao_ .
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Section 8. Refit to City Council, The Chief of Police shall provide a
report to the City Council whenever property is seized, forfeited,
or, expended pursuant to this ordinance.
Section 9. Separ•abi1i If any section, clause or phrase of this chapter,
or, its application to any statute, is determined by any court of
competent jurisdiction to be invalid or unenforceable for any
reason, such determination shall not: affect the validity of the
remainder- of this chapter or, its application to any other
statutes, but shall continue to be in effect.
Section 10. Termination of intergovernmental agreement. The Tigard City
Council hereby gives 60 days notice for termination of the
intergovernmental agreement, originally entered into on
January 29, 1986, between Washington County and City of Tigard
regarding civil forfeiture erif-orcement. The City Council r
encourages the County Commissioners to consider immediate
termination by mutual consent so that the City may perform this
function. It is further declared that the City wishes to have
Washington County continue to pursue those forfeiture acts
initiated by the County prior to the termination of said agreement
and this ordinance shall have no affect on such _,ctio,ns.
t
Section 11: Emergency declared. inasmuch as it is necessary for the peace,
health and safety of the people of the City of Tigard that this
amendment be made with the least possible delay to have the City
seize instrumentalities of criminal activity to fund law
enforcement activities that could not otherwise be funded within
the City's budget, an emergency is hereby declared to exist and
this ordinance shall become effective 61 days from the date of
passage by the Council, approval by the Mayor, and posting by the
Recorder, or upon the date of Washington County Commissioners
agreement to mutually terminate the January 29, 1986 intergovern-
mental agreement, whichever date occurs first.
l
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PASSED: By _(,LV)ah i Wna5 __ vote of all Council members present
after being read by number and title only, this Qk,11 day [
of 1/eer,L .r- t 1987.
4Lor—een R. Wilson, City Recorder s
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APPROVED: This _c�hc,____ day of Jr��� rY.��,_ _. 1987.
Approved as to form: Thomas M. Brian, Mayor
ti �Fr,AAA A
i
Attorney
.;. Date
sb/1635D
ORDINANCE NO, 87,-
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