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 1988)

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, shall be sold at public auction or by sealed bids to the highest bidder and the proceeds, after expenses, shall be paid to the city general fund.

(Code 1988; Ord. 297; Code 2105)

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.

(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 by sealed bids or at public auction.

(c)   Other weapons such as knives, etc., which are deemed to have a legitimate value may be sold at auction or by sealed bids, 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, 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 by sealed bids.

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

(Code 1988; Ord. 297; Code 2015)

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 1988; Ord. 297; Code 2015)

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 1988; Ord. 297; Code 2015)

At such time it has been determined that an auction or sealed bids should be taken 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 or sealed bids shall be published at least twice in a general circulation newspaper prior to the date of the auction or the taking of sealed bids. The notice shall specify the date, time and place of the auction or the taking of the sealed bids and the date the bids will be opened and shall also notify prospective buyers or potential claimants that a list of items to be auctioned or to be bid on is available at the police department any claims on property must be made prior to the start of the auction or the taking of the bids.

(Code 1988; Ord. 297; Code 2015)