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HomeMy WebLinkAboutORD1374ORDINANCE NO. 1374 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE,VOLUME I, CHAPTER 3,ADMINISTRATION,ARTICLE 3-14, PROPERTY DISPOSITION;REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES. WHEREAS, the City of Apache Junction Department of Public Safety/Police Department maintains a central repository for the purpose of receiving and retaining seized evidence, including but not limited to firearms and other weapons; and WHEREAS,on February 20,2007,the City Council passed and adopted Ordinance No. 1285, which regulates firearm disposal within the City of Apache Junction; and WHEREAS, on January 3, 2011, in response to interpretation and practical application challenges involving the weapons policy under Ordinance No. 1285, the Mayor and City Council held a work session to discuss possible amendments to the policy; and WHEREAS,on January 18,2011,the Mayor and City Council instructed City staff to amend the disposition policy for firearms seized by the Department of Public Safety; and WHEREAS,such direction included new language which expanded the Chief's discretion on return of weapons used in suicides and the test firing of weapons that are scheduled for destruction; and WHEREAS,with these revisions,the City of Apache Junction acknowledges affirmation of the Second Amendment to the U.S. Constitution establishing an individual's right to bear arms,a s decided by the U.S.Supreme Court in District of Columbia v. Heller,554 U.S. 570 (2008). NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL That the Apache Junction City Code,Volume I,Chapter 3 Administration,Article 3-14,Property Disposition,is hereby amended as follows: ORDINANCE NO. 1374 PAGE 1 OF 4 ARTICLE 3-14 PROPERTY DISPOSITION A. DEFINITIONS "Administrative Procedures" shall be those regulations which the City creates relating to weapons disposition. "Historic Significance" shall mean some special or important past. "Licensed Dealers" shall mean those persons,firms, or other entities which hold current and valid governmental authorization to trade, sell or barter weapons. "Preservation Entity" shall mean any governmental or private agency,association,or organization that displays to the public for a fee o r for free,weapons in their original condition or those that have been restored. B.GENERAL APPLICATIONS All seized or appropriated weapons in the possession of the Apache Junction Police Department shall be generally handled as follows: a) Destroyed or disposed of in a manner the Chief of Police believes is commercially viable and appropriate under the following circumstances: Firearms that have been illegally modified or are specifically illegal to possess under Arizona or federal law. ii)Firearms that were used in the commission of a crime, or that were used in the commission of a suicide, following the conclusion of the investigation/prosecution and with appropriate release from the prosecutorial agency involved.Such discretion noted above includes return of such weapons to their lawful owners as determined by the Chief of Police in consultation with the City Attorney. iii) Firearms whose serial numbers have been altered or defaced, except for handguns which• were manufactured before 1938 and long rifles manufactured before 1968. In such cases, the Chief of Police shall: 1) if they ORDINANCE NO. 1374 PAGE 2 OF 4 can be obtained, notify ATF; and 2) dispose of such weapons through an auction after having such firearms examined and valued by an expert as identified in subsection (d)above.Such value shall be the opening bid price at any auction. b) Shall be subject to test firing if in the opinion of the Criminal Investigation Division Commander, such test firing is viable, with such results then being entered into the National Integrated Ballistic Information Network. C.ALTERNATIVE DISPOSITIONS Weapons that are not destroyed pursuant to Section B above may be disposed by one of the following methods: a) Returned to the lawful owner,if he or she is not a prohibited possessor asdefined under A.R.S. § 13-3101 or otherwise has not been prohibited from possessing such weapon(s) pursuant to a plea agreement or court order. b) Converted to use by members of the City of Apache Junction Police Department in performance of their duties,as determined by the Chief of Police. c) Transferred to other law enforcement agencies for official law enforcement purposes,as determined by the Chief of Police. .d) Transferred or sold to appropriate museums or other preservation entities if such weapons have historical significance, as determined by an expert in antiquities and rare items employed by the State of Arizona or a private museum. e) Offered at auction to licensed weapon dealers. Administrative procedures for the auction of firearms shall be followed in accordance with Arizona law. D.FUND ALLOCATION Any funds collected as a result of City -initiated weapon auctions shall be placed in the City of Apache Junction General Fund and be specifically allocated to the Police Department budget. ORDINANCE NO. 1374 PAGE 3 OF 4 SECTION II REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances i n conflict with the provisions of this ordinance .or any part of the codes adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations adopted herein b y reference is for any reason held to b e invalid or unconstitutional b y the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. SECTION IV PROVIDING FOR PENALTIES Any violation of any of the provisions adopted herein shall be punishable as a Class 1 Misdemeanor consistent with Apache Junction City Code, Chapter 1,GENERAL,Article 1-8 PENALTY. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS L TH DAY OF APRIL 2011. SIGNED AND ATTESTED TO THIS 19TH ATTEST:• KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO. 1374 PAGE 4 OF 4 DAY OF APRIL HN S. INSALACO Mayor , 2011.