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Home My WebLink About00401 Minutes of He uler Session of JanuarX 7136 continued.n ►I I I I, i 1 i I I i 140 Minutes of He uler Session of JanuarX 7136 continued. 6 Section 17. SEARCHES AND SEIZURES. If, upon the sworn complaint of any person, it i>o'xt shall be made to appear to the police judge of the City of Port Townsend, that there is•'.A probable cause to believe that intoxicating liquor is being manufactured, sold, bartered, hf, exchanged, given away, furnished, or otherwise disposed of, in violation of the provisions L of this ordinance, such judge shall, issue a warrant directed to the Chief of Police of the kri City of Port Townsend, commanding him to search the premises designated and descriped in such complaint and warrant, and to seize all intoxicating liquor there found, together with tltl��llll' the vessels in which it is contained, and all implements, furniture and fixtures used or kept for the illegal manufacture, sale, barter, exchange, giving away, furnishing or other- wise disposing of such liquor, and to safely keep the same, and to make a return of said T warrant within ten days, showing all acts and things done thereunder, with a particular statement of all articles seized and the name of the person or persons in whose possession ' the same were found, if any, and if no person be found in the possession of said articles,' rri,; Jf the returns shall so state. A copy of said warrant, together with a detailed receipt fors„, the property taken shall be served upon the person or persons found in possession of any XII, ; such intoxicating liquor, furniture or fixtures so seized, and if no person be found in the4 r�x sg possession thereof, a copy of said warrant and receipt shall be left in a conspicuous place,}� }; upon the premises wherein the same were found; and all liquor seized pursuant to the'author, j ity of such warrant shall, upon adjudication that it was kept in violation of this ordinanc be ipso facto forfeited and upon such forfeiture be delivered to the Washington State Liquo Control Board. Section 18. Upon the return of the warrant as provided heroin the police judge shall {5 ' fix a time, not less than ten days, and not more than thirty days thereafter, for the hear- iu sk ing of said return, when he shall proceed to hear and determine whether or not the articles ; so seized, or any part thereof, were used or in any manner kept or pssessed by any person �ar 'u , NY the intention of violating any of the provisions of this ordinance. At such hearing gJ any person claiming any interest in any of the articles seized may appear and be heard upo s1.r1t H- filing a written claim setting forth particularly the character and extent of his interest, and the burden shall rest upon the claimant to show, by competent evidence, his property V. right or interest in the articles claimed and that the same were not used in the violations y' of ant 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 R}£ 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 forthwit4� F ri Provided, however, that if in the opinion of the police judge, any of such forfeited arti- c es o er�tTian intoxicating liquor are of value and adapted to any lawful use, such policAl ergr" s judge, as a part of the order and judgment, direct that said articles other than intoxica- ting liquor shall be sold as upon execution by the officer having them in cust6dy and the p {R A, proceeds of such sale after payment of all costs in this proceeding shall be paid into thelasfG ;. special fund in this ordinance hereinafter established. Action under this section and the 4 forfeiture, destruction on sale of any articles thereunder shall not be a bar to any pros- �V��r�' ecutfon under any other provision or provisions of this ordinance. , Section 19. Any person found guilty of a violation of the provisions of this ordinanc3 prs,G`�T shall be liable on conviction of a fine of not to exceed $300.00, or imprisonment in the city jail not to exceed ninety days, or by both such fine and imprisonment. ;mt?..•, Section 20. If any provision of this ordinance or the application thereof to any �^ per- AR son or circumstance is held invalid, the remainder of this ordinance and the application of �p such provisions to any person or circumstances shall not be affected thereby. Section 21. That there be, and is hereby, created a special fund to be known as the as a "Liquor Act Enforcement Fund," which shall consist of all fines, penalties, forfeitures, an all other monies received by the City of Port Townsend from the enforcement of any of the fS' provisions of this ordinance, and shall be used for the payment of services of those enga- ed in the enforcement of this ordinance. g "nf� ` 4fiy, Section 22. That this ordinance be published once in the Port Townsend Leader and to JIt41A t� be inforce and take effect as provided by low. 3t•.' Passed by the City Council January 7, 1936 Approved by the Mayor January 8th, 1936.'•p Attest: George Bangerter, Mayor<'+ C. F. Christian, City Clerk. Proposed Emergency ordinance. The proposed emergency Ordinance introduced some time ago and action deferred from time to time, was now taken up for consideration. The said ordinance having been read in full for the first reading at the time it was introduced, it was moved by Councilman Lafferty and seconded by Councilman Hirtzler that:the first readin be bonsidered the second reading and that the third reading be by title only. Upon Roll Call vote, all six councilmen present voted in the negative and motion was declared loot. No further action was taken on the proposed ordinance. UNFINISHED ANDNEw ➢USINESS. Gasoline for 1936. The natter of providing gasoline for the several city departments usi::g motor cars,was brought up and it was moved by Councilman Sather and seconded by Coun- cilman Naughton that the City Clerk be authorized and instructed to advertise for bids to supply the city with gasoline for the year beginning February 1st; that bids be received up to 5 ofelock p.m., January 21st and that the said bids be opened and considered at the regular council meeting of January 21st, 1936. Upon Roll call vote, all six councilmen present voted in the affirmative and motion was declared carried. C of C Meeting and1.7.P.A. Projects. Mr. E. Morris Starret, who was present, urged that the members of the council attend the meeting of the chamber to be held tomorrow and hear Mr. Gannon, State Administrator, V.I. P. A., speak on that subject. Re: Airport: .,fir. Starret mentioned that the County Commissioners would, in all proba- e ;t H'itaiit�pp. 112,�1¢ Minutes or He ular session or danuar .1 oo continues. bility, agree to present the airport project to the Works Progress Administration as a work program, with the practically foregone conclusion that it would be rejected by the govern- ment, and which would open the way for an approach from a different angle. He requested to good Bffices of the Council in securing government construction of the project. Mr. Starret's assertion that the city council had not made an effort to secure any '8. i; P.A. projects for the city was challenged by the council and a short discussion followed. I� Gasoline for police Cars. Chief of Police W illestoft made inquiry as to using gasoline in the private cars owned by the policemen, inasmuch as the city had not purchased a car for the department. It was then moved by Councilman Naughton and seconded;by Councilman Hirtzler that the city police be authorized to have gasoline for their cars until provision is made by the city council for a city car for the police department. Upon Roll Call vote, all six coun- cilmen present voted in the affirmative and motion was declared carried. Adjournment: Upon motion of Councilman Sather, seconded by Councilman Naughton, the Council voted to adjourn. Attest: 7�i+^^ �ir�r��n• 1 Yayor i Ult y C er t i 'r. a