2-31 UNCLAIMED PROPERTY. [ ]

• Editor’s Note: This section was added by Ord. No. 15, §1[9].

Except as otherwise provided by State or Federal laws, and pursuant to the provisions of California Civil Code Section 2080.4, the provisions of this section shall apply to the care, restitution, sale or destruction of unclaimed property.

All personal property which has come into the possession of the Danville Police Department and has been unclaimed by the owner shall be stored in a safe place for a period of at least four (4) months, except in the case of bicycles, which shall be stored for at least three (3) months.

Property received by the Danville Police Department from a person who has found or saved it and who has complied with the provisions of Civil Code Section 2080.1 may be claimed by such finder if no owner has appeared and proved ownership within ninety (90) days. Such claim shall be made no later than ten (10) days after the expiration of the ninety (90) day period. Upon satisfactory proof that the finder has published, after the expiration of the ninety (90) day period, a notice of the found property in a newspaper of general circulation published in the Town, and upon payment of reasonable storage costs, the Danville Police Department shall, if the property remains unclaimed by the owner for an additional ten (10) days from the date of publication of the notice, transfer the property to the finder. This section shall not apply to property found in the course of employment by an employee of any public agency.

At any time after the expiration of four (4) months (three (3) months in the case of bicycles) and ten (10) days from the time unclaimed property is stored by the Danville Police Department, the Chief may, subject to the provisions of subsection 2-31.3, sell any or all of it to the highest bidder at public auction, after giving notice of the sale at least five (5) days before the time fixed for the auction by publication at least once in a newspaper of general circulation published in the Town. This notice shall contain a general description of the property and the time and place where the sale shall be held.

2-31.5 Disposition of Unsold, Perishable or Dangerous Property.

Any unclaimed property for which no bids were received at public auction, perishable goods, property which is dangerous in itself, and property which is contrary to public policy for the Town to retain shall be disposed of in the manner that the Chief of Police in the public interest may determine. This section shall not apply to property subject to confiscation or special disposition under State or Federal law.

Any unclaimed pistol, revolver, or other firearm capable of being concealed upon the person, which has been stored by the Danville Police Department pursuant to subsection 2-31.2, shall be disposed of in the manner that the Chief of Police in the public interest, may determine.

Toys and bicycles in the possession of the Town, which have been unclaimed for a period of at least three (3) months, instead of being sold at public auction to the highest bidder, pursuant to the provisions of subsection 2-31.4, may be turned over to the juvenile officer or probation officer for use by him in any program of activities designed to prevent juvenile delinquency in accordance with Welfare and Institutions Code Section 516.