Lathrop Municipal Code Ch. 9.24 Property and Evidence

Except where the context otherwise requires, the definitions given in this section govern the construction of this article.

"Found personal property"

may represent any money, goods, things which can be considered as personal property, which is located by an individual that lacks the rights and obligations of ownership of such item, and relinquishes said item to the police department.

"Personal property",

may represent money, goods, or things and is generally any object that can be moved, touched, or felt.

"Safekeeping personal property"

means the act or process of safely preserving personal property temporarily while such property is in the custody and control of the police department.

"Unclaimed personal property",

means personal property that is in the possession and/or custody of the city of Lathrop police department, or left in its possession and/or custody or turned over to it by a person who found or saved the same, that does not belong to the city of Lathrop, which has not been claimed by the property owner within the specified time as set forth in California Civil Code Section 2080, et seq. and city of Lathrop Municipal Code Section 9.24.050, except:

Property subject to confiscation by law enforcement under the laws of the city of Lathrop, state of California, or of the United States.

Vehicles, the storage, sale or other disposition of which is governed by the provisions of California Vehicle Code.

(Ord. 22-439 § 1)

A. The chief of police shall make provisions for receiving and storage of property delivered to them or coming into their possession as herein provided and consistent with this chapter and the laws of the state of California.

B. When applicable, a receipt shall be issued to any person(s) delivering or relinquishing personal property into the possession of the police department.

(Ord. 22-439 § 1)

A. Every item of personal property in the possession of the police department shall be held by the police department for no less than the time frame as specified herein:

1. Personal property obtained by the police department from a person(s) for temporary safekeeping shall be held for a period of 60 days.

2. Personal property determined to be found and has no known owner shall be held for a period of 90 days.

B. Each item of personal property in the possession of the police department shall be entered into a record to be kept by the police department. Record of the personal property shall include, but is not limited to, the following information:

1. A detailed description of the personal property;

2. Name(s) of the person(s) from whom the personal property was seized or received;

3. Name(s) of any claimant(s) thereto;

4. Date and time of possession;

5. Final disposition thereof.

C. Any personal property coming into the possession of the chief of police which they determine to be dangerous or perishable may be disposed of immediately, without notice, in such a manner as they determine to be in the public interest.

(Ord. 22-439 § 1)

A. The police department shall restore any such personal property in its possession to the person(s) submitting proof of legal ownership or right of possession which is satisfactory to the chief of police, and upon payment of all reasonably necessary costs incurred in the care and protection thereof, and any cost of publication as may be necessary pursuant to Section 9.24.050(A) below.

B. If legal ownership or right of possession cannot be determined to the satisfaction of the chief of police, they may refuse to restore such personal property to anyone until ordered to do so by a court of law.

C. Where any such personal property may be needed or required as evidence in any criminal proceeding, the chief of police shall delay the restoration of such personal property to its legal owner until the conclusion of such proceedings.

D. If the legal owner is a person prohibited by law from possessing such personal property, restitution shall not be made.

(Ord. 22-439 § 1)

A. When lost personal property is found and is relinquished to the police department in accordance with the provisions of Section 2080 et seq. of the California Civil Code or otherwise, and no owner appears or proves legal ownership of such personal property within 90 days thereafter, the police department shall, if such property is of a value of $250 or more, cause to be published at least once in a newspaper of general circulation notice of the found personal property.

1. If after seven days following the first publication of the notice, no legal owner appears and proves ownership, title to the personal property shall be vested in the finder if such person has complied with the requirements of California Civil Code Section 2080 et seq. governing the duties and obligations of a finder, and on payment of all reasonably necessary costs incurred in the care and protection thereof, including cost of publication.

B. When lost personal property is found and is relinquished to the police department in accordance with the provisions of Section 2080 et seq. of the California Civil Code or otherwise, and no owner appears or proves legal ownership of such personal property within 90 days thereafter and such property is of a value of two hundred forty-nine and 99/100ths dollars ($249.99) or less, title shall vest in the finder without publication of notice and if such person has complied with the requirements of California Civil Code Section 2080 et seq. governing the duties and obligations of a finder, and on payment of all reasonably necessary costs incurred in the care and protection thereof.

C. Title to the personal property may not be vested in the finder if such person was an employee of the city at the time such personal property was found and the personal property was found in the course of employment.

D. Title to the personal property may not be vested in the finder if such person prohibited by law from possessing such personal property.

A. All U.S. currency so received by the chief of police as personal property and neither delivered, restored, claimed or otherwise as specified in this chapter, to any legal owner or finder, upon expiration of the time frame to hold such personal property as specified in Section 9.24.030(A), shall thereafter be deemed unclaimed personal property and deposited into the city general fund.

B. Any personal property not governed by statute, after being held pursuant to the provisions of Section 9.24.030(A) shall be deemed unclaimed personal property and the police department may cause such property to be auctioned, destroyed, or maintained for use by the city in accordance with the provisions of this chapter and California Civil Code Section 2080 et seq.

C. Notwithstanding any of the foregoing, any toys and bicycles, or both, in the possession of the police department which have been deemed unclaimed personal property may, at the discretion of the city manager upon recommendation of the chief of police, be repaired and donated to any charitable or non-profit organization which is authorized under its articles of incorporation to participate in a program or activity designed to prevent juvenile delinquency, for use in any program or activity designed to prevent juvenile delinquency, in accordance with California Welfare and Institutions Code Section 217.

(Ord. 22-439 § 1)

A. All unclaimed personal property in the possession of the police department that is not disposed of in accordance with other provisions of this chapter shall be transferred after expiration of at least the minimum applicable holding period, to an auction company, except as follows:

1. Unclaimed personal property having no monetary value shall be destroyed unless it can be disposed of in the public interest or utilized pursuant to the provisions of this chapter.

2. Unclaimed personal property of a type or kind for which a permit of license to sell the same is required by state or federal law shall be destroyed unless it can be disposed of in the public interest or utilized pursuant to the provisions of this chapter.

3. Unclaimed personal property determined by the purchasing division to be needed for use by the city or other public use shall be retained.

(Ord. 22-439 § 1)

A. Before offering any unclaimed personal property for sale, an auction company or the police department shall publish at least once in a newspaper of general circulation a notice of intention to sell such property at public auction to the highest bidder, at a specific time and place.

B. All sales of unclaimed personal property, whether by an auction company or the police department, shall be held not less than five business days after publication of the notice of intention to sell in a newspaper of general circulation.

C. All unclaimed personal property offered for sale at public auction shall be sold to the highest bidder.

1. Where the particular item offered for sale is one which certain persons are prohibited by law from possessing, using, or consuming, such persons shall not be permitted to participate in the bidding on such items.

2. In no circumstance shall any property be sold or disposed of until the necessity for the use thereof as evidence has ceased.

(Ord. 22-439 § 1)

Any unclaimed personal property advertised and offered for sale but not sold and not suitable for appropriation to the use of the city shall be deemed to be of no value and shall be disposed.

(Ord. 22-439 § 1)

Proceeds received from the sale of unclaimed personal property shall be delivered to the director of finance for deposit into the city general fund.

(Ord. 22-439 § 1)

Any pistol, revolver, firearm, weapon or destructive device which will or is designed to or may readily be converted to expel a projectile by the action of an explosive, as may be defined in Federal Law 18 U.S.C. 921(a)(3), coming into the possession of the police department, shall be disposed of in such a manner that the chief of police may determine to be in the public interest in accordance with the provisions of California Penal Code Section 34000 et seq.

(Ord. 22-439 § 1)