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CUSTODY OF LOST, STOLEN, CONFISCATED OR ABANDONED PROPERTY
Sections:
9.02.010 Custodian of property.
9.02.020 Property held as evidence.
9.02.030 Records.
9.02.040 Disposition generally.
9.02.050 Notification of owner.
9.02.060 Disposal of unclaimed property.
9.02.070 Failure to claim property.
9.02.080 Exceptions generally.
9.02.090 Disposition of weapons and contraband.
9.02.100 Exceptions-Rights of finder.
9.02.110 Intangible property.
9.02.010 Custodian of property.
The Chief of Police or his designee is designated the official custodian of
all tangible lost, stolen, confiscated, or abandoned property coming into possession
of the police or the city. Nothing in this chapter shall be held to require
the Chief to take possession of or make a disposition of any property, the disposition
or possession of which is otherwise provided for in this code. (Ord. O-92-38
§ 1 (part), 1992).
9.02.020 Property held as evidence.
The Chief of Police or his designee shall keep in his custody all articles of
tangible or intangible property seized or held as evidence, which property has
been delivered to the custodian or one of his subordinates for care, custody,
and control for use in any pending or prospective court proceeding, unless otherwise
ordered by a court having jurisdiction, or upon proper authorization of a prosecuting
attorney, until final disposition of any pending charges, including appeals
or the lapse of time for filing an appeal. Thereafter, unless ordered to the
contrary by the court having jurisdiction, the custodian or a designee thereof
shall dispose of such property in accordance with the provisions of this chapter
hereinafter set forth. (Ord. O-94-33 § 1, 1994; Ord. O-92-38 § 1 (part),
1992).
9.02.030 Records.
The custodian or his designee shall keep a record of all tangible or intangible
property which may be seized or otherwise taken possession of by the Police
Department. Such records shall show the date any such property is seized or
otherwise comes into the possession of the Police Department, the means by which
the property came into possession of the Police Department, any claims made
by any persons for such property, and the final disposition of any such property.
(Ord. O-92-38 § 1 (part), 1992).
9.02.040 Disposition generally.
All lost, stolen, confiscated, or abandoned property that has been delivered
to the Chief of Police or his designee for care, custody, and control, not being
held pending disposition of charges pursuant to Section 9.02.020 of this chapter,
shall be subject to disposition according to the provisions of this chapter
and Chapter 3.10 of this code, unless otherwise ordered by any court or otherwise
provided for in this code. (Ord. O-92-38 § 1 (part), 1992.
9.02.050 Notification of owner.
The Chief of Police or his designee shall examine any such property, and if
the identity of the owner appears from such examination, or if the identity
of the owner is readily available to the custodian from public records available
to him, or otherwise known to him, the custodian shall notify the apparent owner
by letter, mailed by first class United States mail, postage prepaid to the
last known address of such apparent owner, mailed within a reasonable time after
identification of the apparent owner, describing the property and stating that
the same is held by the custodian and may be sold or otherwise disposed of unless
claimed within thirty days of mailing of such notice. (Ord. O-94-33 § 2,
1994; Ord. O-92-38 § 1 (part), 1992).
9.02.060 Disposal of unclaimed property.
If any such property remains unclaimed sixty days after the same is no longer
required to be held as evidence pursuant to Section 9.02.020 of this chapter,
or sixty days after the same has come into the possession of the Chief of Police
or his designee, or thirty days after the mailing of any letter of notice provided
for in Section 9.02.050, such property shall be delivered to the City Manager
or a designee thereof for disposal pursuant to the provisions of Chapter 3.10
of this code, except as otherwise provided in this chapter. (Ord. O-92-38 §
1 (part), 1992).
9.02.070 Failure to claim property.
Failure to make claim of ownership within the time limits prescribed in this
chapter, and before sale or donation of any article, shall forever bar the owner
or any person claiming ownership by, through, or under the owner from making
any subsequent claim of ownership. (Ord. O-94-33 § 3, 1994; Ord. O-92-38
§ 1 (part), 1992).
9.02.080 Exceptions generally.
Notwithstanding the foregoing provisions of this chapter, objects and articles
of property as described in Section 9.02.090 may be kept, held, or disposed
of as in this chapter provided. The provisions of this chapter shall not apply
to the sale of abandoned automobiles as provided for in Chapter 3.11; the disposition
of lost or stray animals; or to the disposition of any property which is governed
by the terms of any specific ordinance or applicable state statute. (Ord. O-92-38
§ 1 (part), 1992).
9.02.090 Disposition of weapons and contraband.
A. Unless ordered to the contrary by a court of competent jurisdiction, or otherwise
required by state or national law, firearms and other weapons which may not
lawfully be kept, possessed, or retained by the owner or person otherwise entitled
to possession thereof, or which may not otherwise lawfully be returned to the
owner thereof, or which are unclaimed after notice to the owner pursuant to
Section 9.02.050, or the owner of which is not known, may be kept and retained
by the Police Department for use in its training programs or otherwise disposed
of pursuant to the provisions of this section, except that antique or unique
firearms, as determined by the Chief, may be disposed of pursuant to the provisions
of Section 3.10.020(D) of this code. Whenever such firearms or weapons are retained
by the Police Department for use in its training programs or otherwise, such
items shall be accounted for in accordance with the provisions of Section 3.10.020(E)
of this code
B. The Chief of Police or his designee may destroy each and every article of
the following described property: burglary tools; firearms; cartridges; explosives;
armor or bulletproof clothing; dangerous weapons; gambling apparatus; medicines;
beer, wine, spirituous liquors or fermented malt beverages; soiled, bloody,
or unsanitary clothing; solids or liquids of unknown or uncertain composition;
drugs or hallucinogenic substances, hypodermic syringes and needles; obscene
pictures, prints, effigies, or statues; any poisonous or noxious solids or liquids;
or any other property which reasonably might result in injury to the health
or safety of the public or be the subject of unlawful use. (Ord. O-94-33 §
4, 1994; Ord. O-92-38 § 1 (part), 1992).
9.02.100 Exceptions-Rights of finder.
Notwithstanding any other provision of this chapter, whenever any item of tangible
or intangible property has been found and delivered to the Chief of Police or
his designee for care, custody, and control, such property shall be returned
to the original finder whenever claim has been made by the finder and the following
conditions have been met:
A. The claimant is a person who originally found the lost or abandoned property;
B. The claimant, after surrendering the property to the custodian, has served
written notice to the custodian of his intention to make a claim on that item
within sixty days of surrender of the item;
C. Lost or abandoned property has remained unclaimed by the owner or person
having a right to the property for sixty days after surrender of the same to
the custodian;
D. The lost or abandoned property is not stolen or confiscated property, nor
property held under the exceptions outlined in Sections 9.02.080 through 9.02.090,
nor property held as evidence pursuant to Section 9.02.020;
E. Any tangible or intangible property found within the city by a city employee
during his working hours shall be delivered to the Chief of Police or his designee
and shall be processed in accordance with the provisions of this chapter. Any
such employee shall have no rights of a finder under this section. (Ord. O-92-38
§ 1 (part), 1992).
9.02.110 Intangible property.
A. For purposes of this chapter, "intangible property" shall be deemed
to include such items of value, which are in the possession, custody or control
of the Chief or the city, such as:
1. Checks, drafts, deposits, interest, dividends, income, stocks and bonds;
2. Deposits for any city service or program;
3. Overpayment or refunds on any city charge;
4. Street cut permit guarantees;
5. Refundable developer deposit accounts in the capital improvement fund;
6. Moneys unclaimed by beneficiaries of a pension or other custodial fund;
7. Intangible property left in safekeeping at any municipally owned or leased
facility;
8. Uncashed payroll checks;
9. Municipal court cash bonds;
10. Lost and found money or other intangible property which is not claimed by
the finder pursuant to the provisions of Section 9.02.100 hereof;
11. Uncashed court-ordered restitution payments; and
12. Any other intangible property in the custody and control of the city.
B. The City Manager or his designee is the custodian of all articles of intangible
property except for intangible property which is being held pursuant to the
provisions of Section 9.02.020 or Section 9.02.100 and shall keep a record of
such articles of intangible property of which he is the custodian.
C. All intangible property in the custody and control of the City Manager or
his designee shall be deemed abandoned one year after the date upon which it
became payable or distributable. The City Manager or his designee shall examine
any such intangible property which has been deemed to be abandoned and, if the
owner is readily ascertainable to the custodian from public records available
to him, or otherwise known to him, the custodian shall notify the apparent owner
by letter, mailed by first class United States mail, postage prepaid to the
last known address of such apparent owner, mailed
within a reasonable time after identification of the apparent owner, describing
the intangible property and stating that the same is being held by the custodian
and may be disposed of unless claimed within thirty days of mailing of such
notice.
D. All intangible property presumed abandoned in the custody of the City Manager
or his designee shall be disposed of or shall escheat to the city in the same
manner and under the same procedures as tangible property under the provisions
of this chapter. (Ord. O-94-33 § 5, 1994; Ord. O-92-38 § 1 (part),
1992).
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