HomeMy WebLinkAbout01388police judge shall fix a time, not less than ten days, and not more than
thirty days thereafter, for the hearing of said return, ;.hen he shall pro-
ceed to hear and determine whether or not the articles so seized, or any part
thereof, were used or in any manner ltept or possessed by any person with the
intention of violating any of the provisions of thiocaan(piit such hearing
any person claiming, any interest in any of the articles soized may appear
and be heard upon film,; a c:ritton claim setti,:;; forth ,articularly the
character and extei:t of his interest, and the burden shall rest upon the
claimant to show, by competent evidence, his property right or interest in
the articles claimed and that the same v.-ore not used in the violation of
any of the provisions of this ordinance, and were not in any manner kept
or possessed with the intention of violating any of the provisions of this
ordinance. If, upon such hearing, the evidence warrants, or if no person
shall appear as claimant, the police judge, shall thereupon enter a judgment
of forfeiture, and order such articles destroyed forthwith; Provided, however,
That if in the opinion.of the police judge, any of such forfeited articles
other than intoxicating liquor are of value and adapted to any lawful use,
such police judge, as a part of the order and judgment, direct that said
articles other then intoxicating liquor shall be sold as upon execution by
the officer raving them in custody and the proceeds of such sale after pay-
ment of all costs in this proceeding shall be paid into the special fund
in this ordinance hereinafter established. Action under this section and
the forfeiture, destruction or sale of any articles thereunder shall not
be a bar to any prosecution under any other provision or provisions of
this ordinance.
Section 19. Any person found guilty of a violation of the provisions
of this ordinance shall be liable on conviction of of not to
exceed :;300.00, or imprisonment in the city jail not to exceed ninety days,
or by both such fine and imprisonment.
Section 20. If any provision of this ordinanco or the application
thereof to any person or circumstance is held invalid, the remainder of this