City of Spokane

Spokane Municipal Code

***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control and Animal Regulations are located in Chapters 10.62 through 10.74.

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Title 08
Chapter 08.19
Section 08.19.020
 

Title 08 Taxation and Revenue

Chapter 08.19 Asset Forfeiture Program

Section 08.19.020 Process

  1. No later than 180 days after the latest to occur of (1) the closure of a case; (2) the expiration of the final opportunity for appeal; or (3) the date an asset is no longer required as evidence in an active case, the police department shall dispose of forfeited property, by auction or other commercially-reasonable method, such as by sealed bids, except as provided for in sections G. and H.

  2. No less than 10 days prior to an auction or solicitation of bids pursuant to SMC 08.19.020(A), the police department shall place a public notice in the City Gazette and in a newspaper of general circulation notifying the public of the date and time of the auction or solicitation of bids.

  3. The Police Department shall comply with all federal and state property disposition procedural requirements.  And no expenditures of funds arising from forfeiture that violate state or federal law will be approved by City Council.

  4. The Police Department shall not utilize seizure and forfeiture laws as an aspect of case development criterion.

  5. The Police Department shall document in each and every case involving a seizure and forfeiture the legal basis for the seizure and forfeiture including the specific Washington state or federal law under which the asset/s were seized, forfeited or obtained.

  6. The Police Department shall establish a procedure for a yearly audit by a qualified financial professional outside of the Police Department of all seizures, forfeitures, proceeds distributions and expenditures, the results of which shall be provided to the Mayor and City Council.  This annual requirement is satisfied by an audit of the forfeiture funds by the Office of the Washington State Auditor.

  7. The Police Department may choose to use forfeited property indefinitely prior to auctioning off the item, if there is a demonstrated law enforcement purpose for the item and the use of the property would allow the Police Department to avoid the need to purchase additional equipment.

Date Passed: Monday, April 10, 2017

Effective Date: Saturday, May 27, 2017

ORD C35486 Section 1