Chapter 10 · Police

Article 2. Property In Police Custody

Sections 10-201 to 10-206 · 6 sections

10-201 Disposition.

Any property which has been acquired or turned over to the police department and has been unclaimed or for which the proper owner cannot be ascertained for a period of 90 days shall be considered abandoned property and shall be sold at public auction to the highest bidder and the proceeds after expenses shall be paid to the city general fund.

(Code 1990)

10-202 Same; exempt property.

The following classes of property shall be considered exceptions to section 10-201 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 auctioned according to the provisions in section 10-201.

(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 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.

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

(h)Items with a value in excess of $500.00 may be sold after advertising said item in a general circulation newspaper on at least two occasions. Such sales shall be by closed bid.

(i)Any item necessary for conducting any investigation or prosecution by any law enforcement official or prosecutor until notice is received that the item is no longer necessary.

(Ord. 020-1985-035, Sec. 1; Code 1990)

10-203 Claiming property.

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 1990)

10-204 Proof of ownership.

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 1990)

10-205 Auction.

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 once in a general circulation newspaper at least three weeks 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. The city clerk may decline the highest bid and re-offer the property for sale if the city clerk considers the price bid to be to low. Any property not receiving bids shall be disposed of by private sale.

(Ord. 020-1985-035, Sec. 2; Code 1990)

10-206 Records.

The city shall keep on file an itemized list of all items sold or disposed of and the amount realized thereof, if any.

(Ord. 020-1985-035, Sec. 2)