CHAPTER X. POLICECHAPTER X. POLICE\ARTICLE 2. PROPERTY IN POLICE CUSTODY

The police department is required to establish regulations detailing the collection, storage and inventory of property which may come under its control by any manner.

(Code 2001; Ord. 716)

Any property which has been acquired or turned over to the police department and has been classified in accordance with procedures existing in the police department as unclaimed or for which the proper owner cannot be ascertained shall be kept for a minimum of 90 days. After a period of 90 days, such property, except as provided in section 10-203, may be turned over directly to the police department inventory if compatible with law enforcement usage. If such property is not compatible with law enforcement usage, such property may be sold at public auction to the highest bidder and the proceeds after expenses shall be paid to the city general fund.

(Ord. 386; Ord. 716)

The following classes of property shall be considered exceptions to section 10-202 and shall be dealt with in the following manner:

(a)      Cash money shall be turned over to the city general fund unless it shall be determined to have collectors’ value, in which case it shall be auctioned according to the provisions in section 10-202 and 10-206.

(b)     Firearms which are available for disposition may be dealt with in the following manner:

(1)          If compatible with law enforcement usage, they may be turned over to the police department inventory.

(2)          They may be sold to a firearms dealer who maintains the appropriate federal firearms license.

(3)          They may be destroyed.

(4)          In no case shall firearms be sold at public auction.

(c)      Other weapons such as knives, etc. which are deemed to have a legitimate value may be sold at auction, however, homemade weapons or weapons of a contraband or illegal nature shall be destroyed.

(d)     Any items determined to be contraband such as explosives, narcotics, etc., shall be destroyed.

(e)      Items of a pharmaceutical nature, which, while not contraband when property dispensed, or which are of an over-the-counter variety, shall be destroyed.

(f)      Foodstuffs, if sealed and undamaged may be turned over to any appropriate social service agency or may be destroyed, but shall not be auctioned.

(g)      Alcoholic products such as beer, wine, liquor, etc., shall be destroyed.

(h)     Items with a value in excess of $500 may be sold by auction according to the provisions of section 10-202 and 10-206.

(Code 2001; Ord. 716)

The police department shall be required to make reasonable attempts to locate the owner of any property in storage. However, the responsibility for claiming and identifying any such property shall rest solely with the owner.

(Code 2001; Ord. 716)

Claimants to any property in police storage shall be required to present reasonable proof of ownership and no property shall be released unless such reasonable proof is presented.

(Code 2001; Ord. 716)

The police department may engage a private auction company at such time as it has been determined that an auction is necessary to dispose of unclaimed property. Notice of an auction shall be published at least twice in a general circulation newspaper prior to the date of the auction, and may be published by either the police or the private auction company. The notice shall specify the date, time and place of the auction and shall also notify prospective buyers or potential claimants that any claims on property must be made prior to the start of the auction.

(Code 2001; Ord. 716)