(A) Seizure.
(1) The Police Department or any law enforcement agency shall seize any gambling paraphernalia, article, machine, device, contrivance or apparatus of any kind kept, owned or possessed in violation of this division.
(2) The materials seized shall be held for use as evidence and for final disposition by the court.
(B) Notice of hearing on confiscated property. The village shall give notice to the person from whom the monies were seized, or to the person in possession as owner, or lessee of the premises where the furniture or monies were found, or if the names of any of these persons are unknown to the village, by posting notice upon the outer door of the premises, The notice shall be directed to any person claiming an interest in the property or money, to come before the court on a certain date, not less than three days from the date of the notice, and to show cause, if any, why the articles should not be sold at a public auction as contraband or why any of the monies seized by the police should not be held as contraband and ordered forfeited by the court. The notice shall also contain a list of each item of furniture, fixtures or apparatus seized and the amount of any monies seized.
(C) Hearing; sale of contraband; forfeiture.
(1) If, in the court’s opinion, after a full hearing, or upon the default of those notified to appear, it appears to the court that the furniture, fixtures or equipment sought to be classified as contraband is in fact contraband, the court shall order the furniture, apparatus or fixtures sold by the village at a public auction to the highest bidder for cash and the proceeds paid into the village treasury.
(2) After the hearing, if it appears to the court that any of the money seized was, at the time of the seizure, being kept, used or intended to be used by the persons named in the notice, or by any person, in violation of the gaming or gambling laws of the village, or of the state, the court shall order the monies confiscated as contraband and forfeited to the village treasury.
(Ord. 03-09-02, § 6-7, passed 9-23-2003) Penalty, see § 10.99