Carlsbad Municipal Code Ch. 3.30 Lost and Unclaimed Property

All lost property in the possession of any city personnel shall be placed in the custody of the police department to be held and disposed of in accordance with this chapter.

(Ord. 1198 § 1, 1976)

A. All lost and unclaimed property, including bicycles, in the possession of the police department shall be held by the department for a period of at least three months. Lost and unclaimed animals shall be turned over to the San Diego County animal regulation department. Lost and unclaimed perishable property shall be held by the department for at least 24 hours.

B. All lost and unclaimed property in the possession of the department shall be tagged showing the date and circumstances of its acquisition by the department.

(Ord. 1198 § 1, 1976; Ord. 1268 § 1, 1984; Ord. NS-154 § 2, 1991)

A. If, during the time that lost and unclaimed property is in the possession of the police department, the owner of the property appears and proves his or her ownership, the department shall restore the property to him or her.

B. The department may require that the reclaiming owner pay to the department the reasonable costs of storage and care of the property and the costs of publication incurred by reason of compliance with the terms of this chapter.

(Ord. 1198 § 1, 1976)

Personal property, except bicycles, which has been held by the department for 90 days, and which has not been returned to the rightful owner, shall be subject to and may be transferred to the finder thereof in accordance with Section 2080.3 of the California Civil Code.

(Ord. 1198 § 1, 1976)

If, after the expiration of the applicable retention period, the City Manager determines any unclaimed property in the possession of the police department is needed for public use, such property shall be retained by the city.

(Ord. 1198 § 1, 1976)

After the expiration of the applicable return period all lost and unclaimed property remaining in the custody of the police department shall be sold at public auction to the highest bidder in accordance with this chapter.

(Ord. 1198 § 1, 1976)

The purchasing officer, on behalf of the Police Chief, shall authorize a public auction at least once each year, or more frequently if, in the judgment of the Police Chief, it is necessary for the more immediate disposition of lost or unclaimed property. The date of a public auction shall be not less than five days following the publication in a newspaper of general circulation in the city, printed and published in the county, of a notice of the sale at public auction of lost and unclaimed property. The public auction may, but is not required to be conducted over the Internet. Property purchased at public auction shall not be reclaimable by the original owner.

(Ord. 1198 § 1, 1976; Ord. NS-590 § 2, 2001)

All proceeds from the sale at public auction of lost or unclaimed property, including bicycles, shall be deposited in the general fund of the city.

(Ord. 1198 § 1, 1976)

After the expiration of the applicable retention period all lost and unclaimed property which is deemed to be of limited or no value, or which is a thing which is commonly not the subject of sale, may be destroyed or otherwise disposed of by the city. All unclaimed property remaining unsold after being offered for sale at public auction may be destroyed or otherwise disposed of by the city.

(Ord. 1198 § 1, 1976)

No city officer or employee may claim property as a finder or purchase lost or unclaimed property sold in accordance with this chapter.

(Ord. 1198 § 1, 1976)