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HomeMy WebLinkAbout0723 AN ORDINANCE relating to the possession of intoxicating liquors, stills and im- plements used in the manufacture thereof, and providing for the search and seizure thereof and providing penalties for the violation thereof; and repealing ill ordinances in conflict herewith. The City Council of the City oi' Bremerton do ordain as follows: Sec. 1. It shall be unlawful for any person or persons to have in their possession alcohol or other intoxicating liquor, except alcohol lawfully acquired as provided in sections 6, 7or ll, Chapter 19 of the Session Laws of the state of W~shington, for the year 191?. .Sec. 2. It shall be unlawful for any person or -persons to have~u~their possession any still, kettle, coil or other device or mash of any kind used, ~1~ to be used in the unlawful manufacture of intoxicating liquor. Sec. ~. If upon sworn complaint of the police officers, city attorney or any per- son, it shall be made to appear to the police judge of the city of Bremerton that ther~ is probable cause to believe that intoxicating liquor is being manufactured, sold, bart- ered, exchanged, given away, furnished or otherwise disposed of or kept in violation of the provisions of this ordinance, said judge shall issue a warrant directed to the Chief of Police of Bremerton or to any peace officer in the county, commanding him to search the premises designated and described in ~uch complaint and warrant, and to seize all intoxicating liquor there found, ~ogether with the vessels in which it i~ contained and all implements furniture and fixtures used or kept for She illegal manu- facture, sale, barter exchange, giving away, furnishing or o~herwise disposing of such l~qu~r, and to safely ke~p ~,he same and to make the return of said warrant within three days, showing all of the acts and things done there under with a particular statement of all articles seized and the name of the person ~¥ persons in whose possession the same were f~mllnd, if an~, and if no person be found in the possession of said articles, the reSurn shall so s~ate. A copy of said warrant shall be served upon the person or persons found in possession of said intoxicating liquor, furniture, or fixture so seiz- ed, and if no person be found in the possession thereof, m copy of said warrant shall be posted on the doer of the building or in the room wherein the same are found, or, if there be no door, ~hen in any conspicuous place under the premises, ~' Sec, i. Upon the return of the warrant, as provided in the next preceding section, the ~udge shall fix a time not less than l0 days and not more than Z0 days thereafter, for the hearing 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 kep$ or possessed by any person with the intention of violating any of the provisions of this ordinance. At such hearing any person claiming any interest, in any of the articles seized, may appear and be heard upon filing a written claim, setting forth particularly the character and extent of his interest, but upon such hearing the sworn complaint or affidavit upon which the search warrant was issued and the possession of such intoxi- cating liquor shall constitute a prima facie evidence of the contraband characte~ of the liquor and articles seized, and the burden shall rest upon the claimant to show by competent evidence, his property, right or interest in ~he articles claimed, and that the same were not used in the violation of any of the provisions of this ordinance, and were no~ in any manner kept or possessed with the intention ,of the violating of any of the provisions of this ordinance, If, upon such 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 forthwith. Sec. 5. That in the prosecution for having intoxicating liquors in possession un- lawfully, the burden of having acquired said alcohol or other intoxicaiing liquor' law- fully shall~be upon the defendant in said action. Sec. 6. In ~he even~ any section or part ~hereof ~f~his ordinance shall be unoon- s$i~u$ional the remainder of said ordinance shall be in full force and effect and only that par~ of ~he ordinance found unconstiSu~ional shall be affected, thereby. Sec. 7. All ordin~ces or parts off'ordinances in conflic~ herewith are hereby re- pealed. Sec. 8. This ordinance shall be in full force fi~e days from and after its passage, approval ~d publication ms provided by law. Passed by ~he City Council of the Ci~y of Bremerton and ap~roved by me ~his 2d day ' ,~ ~ ~yo r.