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Chapter 17 - Gambling
Article I - In General
- § 17-1. Keeping of gaming devices prohibited.
- § 17-2. Seizure of gaming devices, etc., by police.
- § 17-3. Warrant for seizure of gaming devices - Issuance.
- § 17-4. Same - Contents; execution.
- § 17-5. Same - Notice of hearing.
- § 17-6. Rights of owner of property seized.
- § 17-7. Disposition of seized property.
- § 17-8. Witnesses at trials of gambling offenses.
- §§ 17-9 to 17-13. Reserved.
Article II - Billiard, Pool, and Other Similar Tables
- § 17-14. Keeper defined.
- § 17-15. "Kelly Pool" prohibited.
- § 17-16. Betting prohibited.
- §§ 17-17 to 17-21. Reserved.
Article I - In General
Sec. 17-1. Keeping of gaming devices prohibited.
No person shall set up or keep any table or gaming device, commonly called ABC, faro bank, EO, roulette, equality, keno, slot machine, punch board, stand, or device of whatever pattern, kind or make, or however worked, operated or manipulated, or any kind of gambling table or gambling device, adapted, devised and designed for the purpose of playing any game of chance for money or property; nor shall any person induce, entice or permit any person to bid or play at or upon any such gaming table or gambling device, or on the side or against the keeper thereof. (Ord. 478, §2.)
Sec. 17-2. Seizure of gaming devices, etc., by police.
Whenever the chief of police or his deputy, or any of the police officers of the city shall have knowledge or satisfactory information that there is any gaming table or gambling device kept or used within the city, it shall be their duty to forthwith seize such table or device and the keeper thereof and bring them before the police judge, where the keeper thereof shall receive a speedy trial, and such gambling table or device shall be destroyed or forfeited to the city. (Ord. 478, §8.)
Sec. 17-3. Warrant for seizure of gaming devices - Issuance.
Upon complaint being made on oath, in writing, to the police judge of the city, that any of the property or articles named in Section 17-1 are kept within the city, if he shall be satisfied that there is reasonable ground for such complaint, shall issue a warrant to the chief of police, or to any other police officer of the city, directing him to search for and seize any of the articles or property named in Section 17-1. (Ord. 478, §3.)
Sec. 17-4. Same - Contents; execution.
The search warrants mentioned in Section 17-3 shall describe the place to be searched or the things to be seized, as nearly as may be, and shall direct the officer serving the same to seize such articles or property and bring them before the police judge issuing the warrant. The officer who shall be charged with the execution of the warrants specified in Section 17-3 shall have power, if necessary, to break open doors for the purpose of executing such warrant and for that purpose may summon to his aid the power of the city. (Ord. 478, §4.)
Sec. 17-5. Same - Notice of hearing.
The police judge issuing the warrant specified in Section 17-3 shall set a day, not less than five nor more than twenty days after the day of such service and seizure, for determining whether such property is the kind of property mentioned in Section 17-1, and shall order the officer having such property in charge to retain possession of it until after such hearing. Written notice of the date and place of such hearing shall be given, at least five days before such date, by posting a copy of such notice in a conspicuous place upon the premises in which such property is seized, and by delivering a copy of such notice to any person claiming an interest in such property, whose name may be known to the person making the complaint, or to the officer issuing or serving such warrant, or leaving the copy of such notice at the usual place of abode of such person with any member of his family or household above the age of fifteen years . Such notice shall be signed by the police judge. (Ord. 478, §5.)
Sec. 17-6. Rights of owner of property seized.
The owner of the property named in Section 17-2 may appear at the hearing provided in Section 17-5 and defend against the charges as to the nature and use of the property so seized, and the police judge shall determine from the evidence produced at such hearing whether the property is the kind of property mentioned in Section 17-2. (Ord. 478, §6.)
Sec. 17-7. Disposition of seized property.
If the police judge shall determine that the property or articles seized are of the kind mentioned in Section 17-1 he shall cause the same to be publicly destroyed by burning or otherwise, and if he finds that such property is not of the kind mentioned he shall order the same returned to its owner. If it appears that it may be necessary to use such articles or property as evidence in any criminal prosecution, the police judge shall order the officer having possession of them to retain such possession until such necessity no longer exists. They shall neither be destroyed nor returned to the owner until they are no longer needed as such evidence. (Ord. 478, §7)
Sec. 17-8. Witnesses at trials of gambling offenses.
Any person called as a witness to testify against another for gaming is a competent witness to prove the offense, although he may have been concerned as a party and is compelled to testify as other witnesses, but he shall not be liable to indictment or punishment. (Ord. 478, §9)
Secs. 17-9 to 17-13. Reserved.
Article II - Billiard, Pool, and Other Similar Table
Sec. 17-14. Keeper defined.
Every person who controls or owns a billiard table, pigeon hole table, bagatelle table, Jenny Lind table or pool table, and permits others to play thereon, except when kept solely for pleasure, is hereby declared to be a keeper of such table. (Ord. 195, §1)
Sec. 17-15. "Kelly Pool" prohibited.
No keeper as defined in Section 17-14 shall permit any person to play what is commonly known as "Kelly Pool" on any table designated in Section 17-14.
Every person convicted of the offense mentioned in this Section shall, in addition to any other penalty, forfeit his license as a keeper. (Ord. 195, §§2, 3.)
Sec. 17-16. Betting prohibited.
No person shall bet or wager anything of value upon the result of any game played upon any of the tables mentioned in Section 17-14. (Ord. 195, § 4.)