Fresno Municipal Code Art. 3 Lost or Unclaimed Property

(a) This Article serves as the City's ordinance for the care, restitution, sale or disposition of unclaimed property which comes into the possession of the Police Department. It is enacted in accordance with California Civil Code Section 2080.4, as amended.

(b) The Police Department shall receive and process all lost or unclaimed property which is turned over to or comes into the possession of the city, and shall retain the possession thereof, subject to the provisions of this article. All employees and officers of the city shall turn over to the Police Department any lost or unclaimed property which is turned over to or comes into their possession while on duty or as a result of their employment. This article shall not apply to vehicles, the abandonment of which is covered by the provisions of the California Vehicle Code.

(Added Ord. 5314, 1958; Rep. and Added Ord. 6913, 1966; Am. Ord. 2007-96, § 3, eff. 1-19-08).

The Police Department shall keep a record of all such property, together with the date, description and name, if any, of the person from whom it was received and the place and circumstances under which it was taken, found or recovered, plus the name and address of the finder or claimed owner, if known.

(Added Ord. 5314, 1958; Rep. and Added Ord. 6913, 1966; Am. Ord. 2007-96, § 3, eff. 1-19-08).

If no owner appears within three months, or in the case of bicycles and toys within sixty days, after such property comes into the possession of the Police Department and offers reasonable proof, satisfactory to the Chief of Police, of his ownership and compensates the city for the expenses, if any, incurred in the removal, maintenance, preservation and keeping of said property, as the Chief of Police shall determine, then the title to such property shall thereupon vest in the city; provided, however, that the Police Department shall exercise due diligence to ascertain the owner and notify that person of its possession of such property and provided further, that the title to clothing, bedding, wearing apparel and other similar property, which comes into the possession of the Police Department, shall vest in the city after the expiration of thirty days unless the owner reclaims same and all such property may, in the discretion of the Chief of Police, be delivered over gratuitously to any public or private charitable organization after said thirty-day period.

(Added Ord. 5314, 1958; Rep. and Added Ord. 6913, 1966; Am. Ord. 87-7, § 1, eff. 2-13-87; Am. Ord. 2007-96, § 3, eff. 1-19-08).

The Chief of Police shall have power in his or her discretion to summarily destroy all liquor, burglar tools, knives, firearms, deadly weapons, explosive or other dangerous or noxious articles or materials coming into the possession of the city, or deliver them for use by other governmental agencies, provided that any weapon or device declared by Sections 12028, 12029, or any other section, of the Penal Code to be a nuisance or therein ordered to be destroyed, shall be destroyed as therein provided.

(Added Ord. 5314, 1958; Rep. and Added Ord. 6913, 1966; Am. Ord. 2007-96, § 3, eff. 1-19-08).

Any property held by the Police Department for at least three months hereunder and not returned to the owner or finder or disposed of under Sections 4-303 and 4-304, or for which the claimant refuses to pay the charges, shall be deemed unclaimed property.

(Added Ord. 5314, 1958; Rep. and Added Ord. 6913, 1966; Am. Ord. 2007-96, § 3, eff. 1-19-08).

(a) Unclaimed property under Section 4-305 may be sold at public auction to the highest bidder by the Police Chief or Purchasing Manager. Provided, however, that the right shall be reserved to reject any and all bids. The property may also be sold to the highest bidder under a sealed bid procedure. The proceeds from such sales shall be paid over to the Controller and deposited in the general fund of the city.

(b) Unclaimed money under Section 4-305 shall be deposited in the general fund.

(c) Notice of any such sale shall be given at least ten days before the date of the intended sale by publication in a newspaper of general publication in a newspaper of general publication in the County of Fresno and by any other means determined by City.

(d) All property remaining unsold after public auction may be used or disposed of as other city property.

(e) Unclaimed bicycles or toys under Section 4-305 may, instead of being sold at public auction, be turned over to the Probation Office, to the welfare department of the county, or to any charitable or non-profit organization which is authorized under its articles of incorporation to participate in a program or activity designated to prevent juvenile delinquency and which is exempt from income taxation under federal or state law, or both, for use in any program or activity designed to prevent juvenile delinquency.

(Added Ord. 5314, 1958; Rep. and Added Ord. 6913, 1966; Am. Ord. 87-7, § 3, eff. 2-13-87; Am. Ord. 2007-96, § 3, eff. 1-19-08).

Notwithstanding any other provision of this article, if the true owner does not appear during the three-month period and claim the property, it may be delivered back to the person who delivered it to the Police Department if at the time of delivery or prior to disposition of the property such person has indicated in writing that he or she wishes to assert a claim to the property as a finder, provided that no property delivered to the Police Department by an employee or an officer of the city shall be returned to said officer or employee. If the finder does not collect the property within ten days of notification of the end of the holding period, the property shall be treated as other property under this article. This section shall not affect the disposition of the articles mentioned in Section 4-304 of this article.

(Rep. and Added Ord. 6913, 1966, based on former Sec. 3-308; Am. Ord. 87-7, § 1, eff. 2-13-87; Am. Ord. 2007-96, § 3, eff. 1-19-08).