Article II — UNCLAIMED PROPERTY

The Chief of Police shall make provisions for receiving and safekeeping of lost and unclaimed property delivered to or coming into the Police Department's possession. Any person delivering such property who may wish to claim it if the owner does not, shall make an affidavit meeting all requirements of Civil Code Section 2080.1 including a description of when and where the property or money was found or saved. A receipt shall be issued to any person delivering such property or money.

(Ord. No. 1897, § I, 4-6-92)

Such property, except unclaimed bicycles, shall be stored in a safe place and such money deposited and held in the Town's accounts for a period of at least six (6) months, unless sooner claimed by the owner. Unclaimed bicycles shall be stored in a safe place for a period of at least three (3) months.

(Ord. No. 1897, § I, 4-6-92)

Such property shall be restored to a claimant who presents evidence of ownership satisfactory to the Chief of Police, upon payment of all reasonable costs of storage, care, and administrative processing. If a claimant's evidence of ownership is not satisfactory to the Chief of Police, delivery of the property or money may be refused until ownership is established or other disposition ordered by a court of law.

(Ord. No. 1897, § I, 4-6-92)

After expiration of the periods set forth in section 21.20.015, if the owner has not appeared and claimed the property or money, a finder who complied with the requirements of section 21.20.010 shall have thirty (30) days to appear and claim the property or money. A public employee or officer who found the property or money in the course of employment is not eligible to make such a claim.

(Ord. No. 1897, § I, 4-6-92)

Money received by the Chief of Police and not delivered to the owner or the finder within six (6) months from the date it comes into the possession of the Town, shall be deposited in the general fund.

(Ord. No. 1897, § I, 4-6-92)

Upon expiration of the time periods specified in section 21.20.015 and 21.20.025, property received and not delivered to the owner or finder may be appropriated to the use of the Town upon order of the Chief of Police. Property not appropriated to Town use shall be sold at public auction. Notice of sale shall be given by the Chief of Police at least once five (5) days before the sale in a newspaper of general circulation published in the Town.

(Ord. No. 1897, § I, 4-6-92)

After disposal, the Chief of Police shall deliver the proceeds of the sale for deposit in the general fund.

(Ord. No. 1897, § I, 4-6-92)

Property of value less than ten dollars ($10.00) not returned to the owner or finder and property advertised and offered for sale but not sold and not suitable for appropriation to the use of the Town shall be considered to be of no value and shall be disposed of in such manner and the Chief of Police directs.

(Ord. No. 1897, § I, 4-6-92)

Property coming into the possession of the Chief of Police which is determined to be dangerous or perishable, may be disposed of immediately, without notice, in such manner as the Chief of Police determines to be in the public interest.

(Ord. No. 1897, § I, 4-6-92)

(a)

This article [Ordinance 1897] does not apply to property subject to confiscation under the law of the State of California or of the United States of America.

(b)

Consistent with the provisions of this article, Penal Code Section 1411 shall apply to stolen or embezzled property held as evidence only when unclaimed and no other provisions of law concerning its disposition apply.

(Ord. No. 1897, § I, 4-6-92)