Brisbane Municipal Code Ch. 3.28 Restitution and Destruction of Unclaimed Property

The ordinance codified in this chapter is adopted pursuant to authority granted in Section 2080.4 of the Civil Code of the state.

(Ord. 201 § 1, 1975).

All property or money taken from persons under arrest; or taken under suspicion or with knowledge of its having been stolen or feloniously obtained; all property or money constituting evidence or proceeds of crime; or taken from intoxicated or insane persons, or other persons incapable of taking care of themselves; and all property or money lost or abandoned, that may come into the possession of any member of the police department, shall be delivered to the chief of police, who shall enter or cause to be entered in a record to be kept by him for that purpose, a detailed description of the same, together with the name of the person, or persons from whom received, the names of any claimants thereto, the time of the seizure, and the final disposition thereof.

(Ord. 201 § 2, 1975).

All unclaimed property that has been in the possession of the police department for at least four (4) months (except that unclaimed bicycles shall be held for a period of at least three (3) months) and is no longer needed as evidence shall be disposed of by the chief of police in one of the following ways:

A. It shall be destroyed, if so directed by federal, state or city laws, and may be destroyed if authorized by said laws.

B. All guns or firearms which are not required or authorized to be destroyed by federal or state laws shall be destroyed in the manner specified in the Dangerous Weapons Control Law of the state.

C. If the use of any such property is requested by any department of the city and the property so requested is not subject to destruction under applicable federal, state or city laws, or as provided in this chapter, said property shall be turned over to the city manager of the city, who shall sign a receipt therefor, for distribution to the department making the request.

D. All such property which is not disposed of as provided in subsections A, B and C of this section shall be sold at public auction to the highest bidder. Such public auction sale shall be held once each year at a time and place to be fixed by the city council. The chief of police shall give notice of the auction sale at least five (5) days before the time fixed therefor by publication once in a newspaper of general circulation published in the county. The notice shall state the day and hour when such sale shall commence, the place at which it is to be held, and shall contain a general description of the property to be sold, or shall refer to a list thereof on file with the city clerk. The notice shall be signed by the chief of police. The proceeds of such sale shall, together with all moneys unclaimed for a period of six (6) months, be paid into the city treasury.

E. Any property advertised and offered for sale but not sold and not suitable for appropriation to the use of the city shall be deemed to be of no value and shall be disposed of in such manner as the city manager directs.

(Ord. 201 § 3, 1975).

Notwithstanding any of the procedures set forth in this chapter, the procedures used by the city for disposition of unclaimed property shall not be contrary to any mandatory provisions of Section 2080 through 2080.7 of the Civil Code of the state as presently existing or as may be amended in the future or any other mandatory requirements of the state or federal laws.

(Ord. 201 § 5, 1975).