Chapter 9.92
SEIZURE AND FORFEITURE OF DANGEROUS WEAPONS
Sections:
9.92.010 Seizure and forfeiture – Items subject to.
9.92.030 Proceedings for forfeiture.
9.92.040 Procedure if no claim to the property is made.
9.92.050 Procedure if claim is made.
9.92.060 Disposition of forfeited property.
9.92.070 Burden of proof – Liabilities.
9.92.010 Seizure and forfeiture – Items subject to.
The following are subject to seizure and forfeiture and no property rights exist in them:
A. All firearms used in violation of RCW 9.41.230;
B. All instruments or weapons possessed in violation of RCW 9.41.250;
C. All weapons carried, exhibited, displayed or drawn in violation of RCW 9.41.270;
D. All firearms, dangerous weapons, nun-cha-ka sticks, throwing stars or air guns carried onto public or private elementary or secondary school premises in violation of RCW 9.41.280;
E. All firearms possessed in violation of RCW 9.41.300;
F. All deadly weapons possessed in violation of TMC 9.05.010;
G. All ammunition and paraphernalia accompanying or used with the above-described property; provided, that no property may be forfeited pursuant to this chapter, to the extent of the interest of an owner, by reason of any act or omission committed or omitted without the owner’s knowledge or consent. (Ord. 2006-4 § 1, 2006).
9.92.020 Who may seize.
Property subject to forfeiture under this chapter may be seized by any law enforcement officer of this city upon process issued by the municipal court for a violation described in TMC 9.92.010 occurring within the jurisdiction of said court. Seizure of such property may be made without process if:
A. The seizure is incident to an arrest or a search under a search warrant or a search incident to an arrest;
B. The law enforcement officer has probable cause to believe that the property is directly or indirectly dangerous to health or safety;
C. The law enforcement officer has probable cause to believe that the property was used or intended to be used in violation of this chapter. (Ord. 2006-4 § 1, 2006).
9.92.030 Proceedings for forfeiture.
In the event of a seizure pursuant to TMC 9.92.020, proceedings for forfeiture shall be deemed commenced by the seizure. The police department shall cause notice to be served within 15 days following the seizure on the owner of the property seized and the person in charge thereof and any person having any known right or interest therein, including any property interest, of the seizure and intended forfeiture of the seized property. The notice may be served by personally delivering the notice to the person entitled thereto, or by certified mail with return receipt requested. Service by mail shall be deemed complete upon mailing within the 15-day period following the seizure. (Ord. 2006-4 § 1, 2006).
9.92.040 Procedure if no claim to the property is made.
If no person notified the police department in writing of the person’s claim of ownership or right to possession of items specified in TMC 9.92.010 within 45 days of the seizure, the item seized shall be deemed forfeited. (Ord. 2006-4 § 1, 2006).
9.92.050 Procedure if claim is made.
If any person notifies the police department in writing of the person’s claim of ownership or right to possession of items specified in TMC 9.92.010 within 45 days of the seizure, the person or persons shall be afforded a reasonable opportunity to be heard as to the claim or right. The hearing shall be before the police chief’s designee, except that any person asserting a claim or right may remove the matter to a court of competent jurisdiction if the aggregate value of the article or articles involved is more than $500.00. The court to which the matter is to be removed shall be the municipal court, except that when the item or items seized were seized pursuant to RCW 69.50.505, the court to which the matter is to be removed shall be the district court. In a court hearing between two or more claimants (other than the police department) to the article or articles involved, the prevailing party shall be entitled to a judgment against the opposing claimant or claimants for costs and reasonable attorneys’ fees. The burden of producing evidence shall be upon the person claiming to be the lawful owner or the person claiming to have the lawful right to possession of the property. The police department shall promptly return the article or articles to the claimant upon a determination that the claimant is the present lawful owner or is lawfully entitled to possession thereof of the seized item or items. (Ord. 2010-22 § 6, 2010; Ord. 2006-4 § 1, 2006).
9.92.060 Disposition of forfeited property.
A. When property is seized under this chapter and such property is not required to be destroyed by law, the police department shall:
1. Trade it for equipment to be utilized by the police department; or
2. Sell it to a duly licensed gun dealer or weapons dealer.
B. The proceeds of such sales shall be used for all proper expenses of the investigation leading to the seizure, including any money delivered to the subject of the investigation by the police department, and of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, actual costs of the city attorney, and court costs. Money remaining after the payment of expenses shall be distributed to the general fund of the city. (Ord. 2006-4 § 1, 2006).
9.92.070 Burden of proof – Liabilities.
The burden of proof of any exemption or exception is upon the person claiming it. No liability is imposed by this chapter upon any authorized municipal officer engaged in the lawful performance of his duties. (Ord. 2006-4 § 1, 2006).