Fullerton Municipal Code Ch. 2.56 Unclaimed Property

The provisions of this chapter shall not apply to any intangible personal property or to the contents of a safe deposit box.

(Ord. 1354, passed - -1964)

All tangible personal property, not excluded by this chapter, that may be seized by, delivered to or otherwise come into the possession of, the City Police Department, belonging to an unknown owner, or an owner from which it has been seized, or taken, in the commission, or attempt to commit, any crime, or from whom it was obtained, without his or her consent, or for evidence in any case, shall be deemed to be unclaimed property when, and be disposed of as, provided in this chapter.

(Ord. 1354, passed - -1964)

Any finder of personal property valued at $10 or more shall, and any police officer finding personal property must forthwith, if the owner of such property is unknown to such finder, and such property is found in the city, deliver the same into the possession of the City Police Department. All such unclaimed property, except unclaimed bicycles, shall be held by said Police Department for a period of at least four months, unless theretofore claimed by its owner, and any unclaimed bicycle shall be held by said Police Department for a period of at least three months unless theretofore claimed by its owner. Thereafter, such property shall be disposed of by said Police Department only as provided in this chapter.

(Ord. 1354, passed - -1964; Ord. 2784, passed - -1991)

The City Police Department shall act as a depository for the owner and finder of all property subject to this chapter and shall exercise reasonable care for its safety, preservation, return, sale or disposition as authorized in this chapter.

(Ord. 1354, passed - -1964)

The City Police Department shall keep a record of all such property so coming into its possession, which record shall contain:

(A) A description of the property;

(B) The date it was received by the Police Department;

(C) The name and address of the finder of such property;

(D) The place and location where the property was found;

(E) The name and address of the owner or reputed owner and, if unknown, a statement thereof; and

(F) An explanation of how and why said property came into the possession of the Police Department, and if it is held for evidence, the number and title of the case in which it is, or was, involved.

(Ord. 1354, passed - -1964)

The Police Department shall deliver all property subject to this chapter, except property which it is illegal to own or possess, to its rightful owner at any time such owner shall claim the same and furnish said Police Department with reasonable proof of ownership thereof and proof that he or she is entitled to the immediate possession thereof, except that no owner thereof shall be entitled to any property held for evidence in a pending criminal action or proceeding, until the final termination thereof, or to any article the possession of which by its owner or finder is prohibited by law, and no owner or finder of any property deposited with the Police Department shall be entitled to the return of any of such property after it shall have been returned to the owner or finder, or sold, or disposed of, under the provisions of this chapter, or unless he or she shall execute and deliver a receipt therefor to the Police Department.

(Ord. 1354, passed - -1964)

(A) Unclaimed property, except unclaimed bicycles, shall be held by the Police Department for a period of at least four months, and unclaimed bicycles shall be held by the Police Department for a period of at least three months and thereafter such property will be devoted to a public use or sold at public auction to the highest bidder, with notice of such use or sale being given by the Chief of Police at least five days before the time fixed therefor by publication once in a newspaper of general circulation published in the county.

(B) At the time so fixed, if the City Purchasing Agent determines that any such property is needed for a public use, it shall not be sold but shall be transferred to the City Purchasing Agent, and he or she shall cause it to be put to such public use until such time as he or she may determine that it is no longer needed for any public use, whereupon he or she shall cause it to be sold to the highest bidder at public auction and shall pay the proceeds thereof to the City Treasurer. If such property is not so transferred to the City Purchasing Agent, it shall be sold by the Chief of Police at the time fixed therefor at public auction to the highest bidder, and the proceeds of such sale shall be paid to the City Treasurer.

(C) The notice that the property will be devoted to a public use or sold at public auction to the highest bidder shall contain a general description of each item of such property, the date, time and place that it will be sold or devoted to a public use, and that in lieu of any other disposition thereof, it will be delivered into the possession of the rightful owner upon his or her claim therefor before such disposition or sale thereof, upon reasonable proof of his or her ownership, and right to the immediate possession thereof, and that if not so claimed by its owner, it will be then delivered to the finder thereof if then claimed by him or her, and that if it is not so claimed by its owner or finder, it will be, at said time and place, devoted to a public use or sold at public auction to the highest bidder. A copy of the notice shall be mailed, by the Police Department, not more than 30 days, and not less than 15 days, before the date set therein for such disposition or sale, to each owner and finder of such property, whose name is contained in the records of the Police Department pertaining to such property, to the address thereby shown for such owner and finder.

(Ord. 1354, passed - -1964; Ord. 1816, passed - -1972)

Upon any such property so described in said notice not being claimed by the rightful owner thereof at or before the time specified in the notice for the sale of such property, it shall be deemed, as to the owner thereof, to be unclaimed property and all right, title and interest of the owner in the property shall then cease and terminate, and the Police Department shall, at the time set for its sale, surrender possession thereof to the finder of such property, other than a police officer, if there be such a finder thereof, upon his or her demand and his or her execution and delivery to the Police Department of a receipt therefor unless possession of such property by him or her is prohibited by law.

(Ord. 1354, passed - -1964)

All such property described in such notice remaining unclaimed by either its owner or the finder thereof at the time fixed in said notice, prior to the actual sale of such property, or its transfer to the City Purchasing Agent for a public use, shall be deemed, as to the owner and finder thereof, to be unclaimed property and shall be transferred to the City Purchasing Agent to be devoted to a public use, or shall be sold by the Police Department at the time and place specified in said notice to the highest bidder at public auction by whom possession of such property is not prohibited by law.

(Ord. 1354, passed - -1964; Ord. 1816, passed - -1972)

Both the owner and finder of such property shall be divested of all right, title or interest therein, or thereto, by the transfer thereof to the City Purchasing Agent to be devoted to a public use or by the sale thereof, as unclaimed property, as provided in this chapter.

(Ord. 1354, passed - -1964; Ord. 1816, passed - -1972)

(A) Any unclaimed property remaining in the possession of the Police Department after the same has been offered for sale in compliance with the provisions of this chapter, and all property, the possession of which is prohibited by law, shall be destroyed, or otherwise disposed of according to law, by the Police Department, or may be appropriated for use by the city. All such property so appropriated, and all proceeds received for the sale of any property under the provisions of this chapter, shall thereafter be the money and property of the city free from all claims of all other persons.

(B) Nothing contained in this chapter shall be deemed to require the sale of any property such as narcotics, prescription drugs or other articles, the sale of which is restricted by law, nor the sale of any fresh, frozen or canned food or other articles, the sale of which might carry a warranty as to its safety for use or consumption, or any property that is so broken, worn out or otherwise without value as to reasonably be classified as trash.

(C) The Police Department may, notwithstanding anything in this chapter to the contrary, sell at private sale without notice, destroy, appropriate or otherwise dispose of, any property described in this chapter that would be likely to perish or become unusable or unsafe for use if held and offered for sale as provided in this chapter, provided, however, that before selling, appropriating, destroying or otherwise disposing of such perishable property, the Police Department shall give notice by mail to the owner or finder thereof, if known to the Police Department and allow five days after the mailing of such notice for the owner or finder to take possession of said perishable property. His or her failure to do so shall constitute an abandonment thereof and such property, and the proceeds of any sale thereof shall thereafter belong to the city.

(Ord. 1354, passed - -1964)

In the event that any section or part of any section, of this chapter is invalid, such part shall be disregarded without affecting the valid sections, or parts of sections, of this chapter.

(Ord. 1354, passed - -1964)