CHAPTER 10. POLICECHAPTER 10. 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.

(Ord. 519; Code 2022)

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 180 days. After a period of 180 days, such property, except as provided in section 10-203, shall be sold at public auction to the highest bidder and the proceeds after expenses shall be paid to the city general fund.

(Ord. 519; Code 2022)

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 collector’s value, in which case it shall be disposed of according to the provisions in Section 10-202. However, in an effort to promote public policy, if cash money is turned into the police department, the cash money may be returned to the finder after the procedures set forth herein for sale are complied with.

(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 and/or by sealed bid, however, homemade weapons or weapons of a contraband 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 properly 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 destroyed, but shall not be auctioned or sold.

(g)   Alcohol products such as beer, wine, whiskey, etc., shall be destroyed.

(h)   Property which has a value less than the cost of keeping the same for the periods prescribed in Section 10-202, may be sold as soon as practical, but in no event shall said property be sold or otherwise disposed of until notice has been published once in a general circulation newspaper and seven days has passed since said publication.

(i)    Animals subject to code provisions and ordinances concerning the vaccination and licensing of dogs and other animals, registration fees for dogs; regulations relating to the maintenance, confinement, control and care of dogs and other animals and penalties for violations shall not be subject to the provisions of this article.

(Ord. 519; Code 2022)

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.

(Ord. 519; Code 2022)

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.

(Ord. 519; Code 2022)

At such time as it has been determined that an auction is necessary to dispose of unclaimed property, an inventory listing all property to be disposed of shall be prepared and kept on file in the police department. Notice of an auction shall be published at least twice in a general circulation newspaper prior to the date of the auction. The notice shall specify the date, time and place of the auction and shall also notify prospective buyers or potential claimants that a list of items to be auctioned is available at the police department and any claims on property must be made prior to the start of the auction.

(Ord. 519; Code 2022)