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 Hurst
 Code of Ordinances
 Chapter 2. ADMINISTRATION
 Article II. PROPERTY

§ 2-31. Seized property.  

Latest version.

  • (a)

    Gambling paraphernalia, altered gambling equipment, gambling devices and proceeds, prohibited weapons, criminal instruments, obscene devices or material and dog fighting equipment seized by police officers in the city shall be disposed of as provided by Article 18.18, Texas Code of Criminal Procedure. Alleged gambling proceeds shall be deposited in an interest bearing account as provided by Article 18.182, Texas Code of Criminal Procedure, until finally returned or forfeited.

    (b)

    Controlled substances seized by police officers shall be disposed of as provided by the Controlled Substances Act, Article 4476-15, Texas Revised Civil Statutes.

    (c)

    Explosive weapons and chemical dispensing devices shall be disposed of as provided by section 18.181, Texas Code of Criminal Procedure.

    (d)

    Weapons (other than prohibited weapons) seized for violation of Chapter 46, Texas Penal Code, or for an offense involving the use of a weapon shall be held and disposed of as provided by Article 18.19, Texas Code of Criminal Procedure.

    (e)

    Property alleged to be stolen which is seized by a police officer shall be inventoried and reported to a magistrate as provided by Article 47.03, Texas Code of Criminal Procedure, and shall be held subject to the order of the court trying the person charged with stealing or receiving it as provided by Article 47.02, Texas Code of Criminal Procedure. Such property shall also be subject to a right of possession hearing by the municipal judge as provided by Article 47.01a, Texas Code of Criminal Procedure, if no criminal action is pending. If, after such hearing, the identity of the true owner cannot be determined, the magistrate shall order the property destroyed or delivered to the city purchasing agent for disposition as provided by Article 18.17, Texas Code of Criminal Procedure.

    (f)

    Illicit beverages, as defined by the Alcoholic Beverage Code, seized by police officers shall be inventoried and delivered to Alcoholic Beverage Commission representatives for disposal.

    (g)

    If property is not being held as evidence, is without monetary value, and is either of unknown ownership or is unclaimed after thirty (30) days' written notice, it may be destroyed.

(Code 1965, § 2-60; Ord. No. 1233, § 1, 9-13-88)