Concord Municipal Code Art. II Lost, Stolen, or Unclaimed Property in Possession of Police Department

All property or money taken from persons under arrest, or taken under suspicion, or with the knowledge of it being stolen or feloniously obtained, and 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, detailed description of 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 final disposition thereof.

(Code 1965, § 4600; Code 2002, § 54-61. Ord. No. 680)

Any person arrested, when adjudged innocent of the offense charged by a court of competent jurisdiction, which shall adjudge that property or money belongs to such person, the Chief of Police shall thereupon deliver such property or money to him personally, not to his attorney or agent, and take his receipt therefor. If the accused be held for trial or examination, such money or property shall remain in the custody of the police until the discharge or conviction of the person accused, unless prior thereto he has delivered the same to the state or county officer as provided by law.

(Code 1965, § 4601; Code 2002, § 54-62. Ord. No. 680)

The Chief of Police, or such person as shall be designated by him, may sell at public auction all unclaimed property that has been in custody for a period of six months, except bicycles, as provided for by state law, shall be held for three months. He shall fix a day upon which said sale shall take place and shall give notice thereof for publication at least five days prior to date of sale in the official newspaper. Said notice shall state the day and hour when such sale shall commence and shall contain a general description of the property to be sold or shall refer to a list thereof on file with the Chief of Police. Said notice shall be signed by the Chief of Police. Proceeds of such sale, together with all monies unclaimed for a period of six months, shall be paid into the city treasury. In no case shall any property be sold or disposed of until the necessity for the use thereof as evidence has ceased.

(Code 1965, § 4602; Code 2002, § 54-63. Ord. No. 680)

(a) Any unclaimed property not governed by statute, after being held 90 days from the date the owner was notified by letter to claim the property, shall be auctioned, destroyed, maintained for departmental use, or donated to a nonprofit organization.

(b) Unclaimed property not suitable for auction, property for which no bids were received at the public auction, perishable goods, property which is dangerous in itself, and property which is contrary to the public policy for the Chief of Police to retain shall be disposed of in the manner that the Chief of Police, in the public interest, may determine. This shall not apply to property subject to confiscation or disposition under state or federal law.

(c) Toys and bicycles which have been unclaimed for a period of three months, instead of being sold at public auction, may be turned over to the county Probation Department or their representative for use in any program in accordance with Welfare and Institutions Code § 516.

(Code 1965, § 4603; Code 2002, § 54-64. Ord. No. 680; Ord. No. 88-12)

Any unclaimed pistol, revolver, or other firearm capable of being carried upon the person which has been unclaimed and stored by the Chief of Police pursuant to section 2.50.060 shall be disposed of in the manner that the Chief of Police, in the public interest, may determine.

(Code 1965, § 4604; Code 2002, § 54-65. Ord. No. 680)