Azusa Municipal Code Art. III Disposition of Evidence, Contraband and Unclaimed, Surplus and Abandoned…

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned property means property that has been obtained by the police department as evidence in connection with a case or investigation, which property has not been reclaimed pursuant to the provisions incorporated in section 46-80.

Contraband means items that are illegal in and of themselves and items which are not illegal in and of themselves but have been determined by the chief of police to be made illegal by their use and connection with illegal activities.

Evidence means those items that are obtained by the police department in connection with a case or investigation, including that property which is or is suspected to be stolen or embezzled.

Physical evidence means evidence consisting of, but not limited to, physical samples such as urine specimens, blood specimens and bloodied clothing.

Surplus property means property which rightfully belongs to the city but for which the city has no use.

Unclaimed property means personal property which has been found and turned in to the police department, which property has not been reclaimed by the rightful owner or by the person who found and turned in the property after the period of retention has expired.

(Code 1971, § 8.32.010)

Cross reference— Definitions and rules of construction generally, § 1-2.

The chief of police shall be the custodian of all evidence, contraband and unclaimed, surplus and abandoned property.

(Code 1971, § 8.32.020)

(a) All city officers, employees and agents have the duty to turn any personal property which they know or have reason to believe is lost, stolen or abandoned over to the chief of police whenever they find such property within the city limits or whenever they come into the possession of such property.

(b) City officers, employees and agents may not claim title to any property or money found and turned into the chief of police when the property or money is not reclaimed by the rightful owner. If such property is not claimed by the rightful owner, it must be turned over to the city purchasing agent.

(Code 1971, § 8.32.030)

Stolen and embezzled property shall be disposed of as provided for in Penal Code § 1407 et seq.

(Code 1971, § 8.32.040)

Evidence in criminal cases shall be disposed of as provided for in Penal Code § 1417 et seq.

(Code 1971, § 8.32.050)

All items of evidence which have not been disposed of pursuant to section 46-79 or 46-80 may be disposed of in one of the following ways after the prescribed time period has elapsed:

(1) The item may be turned over to the city's purchasing agent who may dispose of it as set forth in section 46-87; or

(2) The item may be destroyed as set forth in section 46-89.

(Code 1971, § 8.32.060)

(a) All found and unclaimed property shall be held by the police department for a minimum of four months. This provision shall not apply to animals subject to chapter 10 of this Code.

(b) When the property is valued at $50.00 or more and no owner appears within four months and proves his ownership, the police department shall cause notice of the property to be published at least once in a newspaper of general circulation. If after seven days no owner appears and proves his ownership, the title vests in the person who found the property subject to section 46-78(b). If the property is valued at less than $50.00, publication is not required and after four months title shall vest in the person who found the property subject to section 46-78(b).

(c) Property which has not been reclaimed at the end of this time period by the rightful owner or if no rightful owner by the person who turned in the property shall be turned over to the city purchasing agent to dispose of as set forth in section 46-87.

(Code 1971, § 8.32.070)

(a) All abandoned property shall be held by the police department for a minimum of four months. This time computation may include the period of time in which the item is being held as evidence by the police department.

(b) Property which has not been reclaimed at the end of this time period shall be turned over to the city purchasing agent to dispose of as set forth in section 46-87.

(Code 1971, § 8.32.080)

Under this article, the chief of police has the authority to care for items which are dangerous or perishable. The chief of police may take whatever mitigation measures he deems necessary if the item presents an immediate threat to the public health, safety and welfare.

(Code 1971, § 8.32.090)

Under this article, weapons, both concealable and nonconcealable, shall be sold or destroyed as provided for in Penal Code § 12028.

(Code 1971, § 8.32.100)

All surplus property in possession of the city shall be turned over to the city purchasing agent to dispose of as set forth in section 46-87.

(Code 1971, § 8.32.110)

All abandoned, unclaimed and surplus property turned over to the city purchasing agent shall be handled and disposed of in the following manner:

(1) If the purchasing agent determines that the property is needed for a public use of the city, it may be retained by the purchasing agent and put to such use. These uses include but are not limited to direct use by the city for city purposes and trade of any such items for other items to be used for city purposes.

(2) If the purchasing agent determines that the property is not needed for a public use of the city, the city council may donate the property to nonprofit entities in accordance with applicable law or the property may be sold at public auction pursuant to the procedures set forth in section 46-88.

(3) If the purchasing agent determines that there is no public use for the property and the property does not sell at public auction, the purchasing agent may deem the item to have no value and order it destroyed.

(Code 1971, § 8.32.120)

(a) Under this article, the public auction shall be conducted by the purchasing agent.

(b) The city manager shall cause notice of the auction to be published in a newspaper of general circulation in the county at least five days prior to the time of auction. The notice shall include the date, time and place of the auction as well as a general description of the items to be sold.

(c) Items shall be sold to the highest bidder.

(d) All proceeds from the auction shall be deposited in the city's general fund with an appropriate accounting of actual expenses incurred.

(Code 1971, § 8.32.130; Ord. No. 98-09, § 2, 6-15-98)

(a) Under this article, the following items shall be destroyed once the period prescribed for by law in which the items must be held has elapsed:

(1) Contraband;

(2) Weapons unless converted to departmental use;

(3) Hazardous chemicals; and

(4) Other items which have been determined by the chief of police to be dangerous or illegal.

(b) The following items may be destroyed once the period prescribed for by law in which the items must be held onto has elapsed:

(1) Physical evidence;

(2) Items whose value is less than $5.00; and

(3) Items which have not sold at a public auction and which the purchasing agent deems to have no value.

(Code 1971, § 8.32.140)

Under this article, all unclaimed cash shall be deposited directly in the city's general fund at the end of the time period prescribed by law for which it must be held.

(Code 1971, § 8.32.150)