(a) Property subject to forfeiture under this chapter may be seized upon process issued by a court having competent jurisdiction, provided that seizure without process may be made when the seizure is incidental to an arrest or a search warrant; that there is probable cause to believe that the property is directly or indirectly dangerous to health or safety; or that there is probable cause to believe that the property was used or is intended to be used in violation of this chapter.
(b) The following property is subject to forfeiture:
(1) Anything of value that is furnished or intended to be furnished in exchange for a controlled substance in violation of this chapter, traceable to an exchange for a controlled substance in violation of this chapter, or used or intended to be used to facilitate any violation of this chapter, including, but not limited to, money, negotiable instruments or securities. Any money that is found in close proximity to any property that is subject to forfeiture under this chapter shall be presumed to be subject to forfeiture. This presumption may be rebutted by clear and convincing evidence.
(2) Any controlled substance which has been manufactured, distributed, dispensed, possessed or acquired in violation of this chapter; and
(3) A raw material, product or equipment of any kind which is used, or intended for use, in manufacturing, compounding, processing, delivering, importing or exporting a controlled substance.
(c) When property is forfeited under this chapter, the City may retain it for official use, sell that which is not required to be destroyed by law and which is not harmful to the public, or, in the case of money, negotiable instruments or securities, retain such amounts for the use of defraying costs and expenses of administering and policing the activities regulated by this chapter.
(Ord. 65. Passed 2-21-84.)