HomeMy WebLinkAbout89-14 Amending Title 14 of Municipal Code Relating to the Narcotic Forfeiture FundORDINANCE NO. 89-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, AMENDING TITLE 14 OF
THE COSTA MESA MUNICIPAL CODE RELATING TO THE
NARCOTIC FORFEITURE FUND.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. The City Council of the City of Costa Mesa hereby finds
and declares as follows:
WHEREAS, State law provides that all apportionments of monies or prop-
erty received pursuant to Division 10, Chapter 8, of the California Health
and Safety Code, shall be used exclusively for law enforcement and prosecu-
torial efforts; and
WHEREAS, Federal law and administrative interpretation provides that
all apportionments of monies or property received from forfeiture disburse-
ments made by the Federal government shall be used for similar activities;
and
WHEREAS, the law provides that where property is seized and forfeited,
an allocation of the money or proceeds of sale shall be distributed to the
law enforcement agencies who participated in the controlled substance case
which led to the seizure; and
WHEREAS, all assets and property received as a result of seizures and
forfeitures should be accounted for; and
WHEREAS, a fund known as the "Narcotic Forfeiture Fund" currently
exists to account for the receipt of funds and property by virture of for-
feitures received by the City to the present; and
WHEREAS, this Ordinance will formally establish and continue the exist-
ing
xisting Narcotic Forfeiture Fund for all forfeitures; and
WHEREAS, the City Council desires to limit the use of these funds for
narcotics related purposes;
ACCORDINGLY, the City Council of the- City of Costa Mesa hereby amends
Title 14 of the Costa Mesa Municipal Code as follows:
SECTION 1.
1. Reserve Section 14-59 through 14-69.
2. Chapter IV is added to read as follows:
"CHAPTER IV. FORFEITURE FUND."
3. Section 14-70 is added to read as follows:
"Sec. 14.70. Fund Established.
There is hereby established the Narcotic Forfeiture Fund
pursuant to the provisions of Division 10, Chapter 8, of the
California Health and Safety Code and the Federal Comprehensive
Crime Control Act of 1984 and all amendments thereto."
4. Section 14-71 is added to read as follows:
"Sec. 14-71. Deposits, Accruals and Expenditures.
All funds and any interest income or other accruals received
from Federal or State forfeiture disbursements shall be deposited
in the Narcotic Forfeiture Fund. Such funds shall be used exclu-
sively to support law enforcement and prosecutorial efforts that
are for the purpose of combatting illegal narcotics related
activities.
Such funds shall not supplant any funds that would, in the
absence of such forfeitures, be made available to support the law
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enforcement and prosecutorial efforts of any department of the
City of Costa Mesa."
5. Section 14-72 is added to read as follows:
"Sec. 14-72. Severability.
If any section, subsection, sentence, clause, phrase, or
portion of this article is for any reason held to be invalid or
unconstitutional by the decision of any court of competent juris-
diction, such decision shall not affect the validity of the
remaining portions of this chapter. The City Council of the City
of Costa Mesa declares that it would have adopted this chapter
and each section, subsection, sentence, clause, phrase, or por-
tion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions
may be declared invalid or unconstitutional."
SECTION 3. This Ordinance shall take effect and be in full force
thirty (30) days from and after the passage thereof, and prior to the
expiration of fifteen (15) days from its passage shall be published once in
the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed
and published in the City of Costa Mesa or, in the alternative, the City
Clerk may cause to be published a summary of this Ordinance and a certified
copy of the text of this Ordinance shall be posted in the office of the
City Clerk five ( 5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to
be published the aforementioned summary and shall post in the office of
the City Clerk a certified copy of this Ordinance together with the names
of the members of the City Council voting for and against the same.
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PASSED AND ADOPTED this 19th day of June, 1989.
Mayor of the Cit Costa Mesa
ATTEST:
City Clerk of the City of Costa M a
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
APPROVED• FORM
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I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City
Council of the City of Costa Mesa, hereby certify that the above and fore-
going Ordinance No. 89-14 was introduced and considered section by section
at a regular meeting of said City Council held on the .5th day of June,
1989, and thereafter passed and adopted as a whole at a regular meeting of
said City Council held on the 19th day of June, 1989, by the following roll
call vote:
AYES: COUNCIL MEMBERS: /
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa this 20th day of June, 1989.
Clerk and ex -officio Cler of the
City Council of the City of to Mesa
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