Newark Municipal Code Ch. 2.40 Unclaimed Property

This chapter is adopted pursuant to authority granted in Section 2080.4 of the Code of Civil Procedure of the state.

(Ord. 112.1 § 1, 1970)

All property or money taken from persons under arrest, or taken under suspicion or with knowledge of its having been stolen or feloniously obtained, all property or money constituting evidence or proceeds of crime, or taken from intoxicated or insane persons, or other persons incapable of taking care of themselves, and all property or money lost or abandoned, that may come into the possession of any member of the police department, shall be delivered to the chief of police, who shall enter or cause to be entered in a record to be kept by him for that purpose, a detailed description of the same, together with the name of the person, or persons from whom received, the names of any claimants thereto, the time of the seizure, and the final disposition thereof.

(Ord. 112.1 § 2, 1970)

When any person arrested is adjudged innocent of the offense charged by a court of competent jurisdiction, which adjudges that the property or money belongs to such person, the chief of police shall thereupon deliver such property or money to him personally, and not to his attorney or agent, and take his receipt therefor. If the accused is held for trial or examination, such money or property shall remain in the custody of the chief of police until the discharge or conviction of the person accused, unless prior thereto he has delivered the same to a state or county officer, as provided by law.

(Ord. 112.1 § 3, 1970)

All unclaimed property that has been in the possession of the police not otherwise disposed of or required to be held and is no longer needed as evidence shall be disposed of by the chief of police in one of the following ways:

A. It shall be destroyed, if so directed by federal, state or city laws, and may be destroyed if authorized by said laws.

B. All guns or firearms which are not required or authorized to be destroyed by federal or state laws shall be destroyed in the manner specified in the Dangerous Weapons Control Law of the state.

C. If the use of any such property is requested by any department of the city and the property so requested is not subject to destruction under applicable federal, state or city laws, or as provided in this chapter, the property shall be turned over to the city manager, who shall sign a receipt therefor, for distribution to the department making the request.

D. All such property which is not disposed of as provided in subsections A, B and C of this section shall be sold at public auction to the highest bidder. Such public auction sale shall be held at least once each year at a time and place to be fixed by the chief of police. The chief of police shall give notice of said auction sale at least five days before the time fixed therefor by publication once in a newspaper of general circulation published in the county. The notice shall state the day and hour when such sale shall commence, the place at which it is to be held, and shall contain a general description of the property to be sold, or shall refer to a list thereof on file with the city clerk. The notice shall be signed by the chief of police. The proceeds of such sale shall, together with all monies unclaimed for a period of six months, be paid into the city treasury.

E. Any 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 of in such manner as the city manager directs.

(Ord. 112.1 § 4, 1970)

Except as otherwise provided in this chapter, all unclaimed property in the possession of the police department shall be held and stored by the chief of police for the following periods:

A. Unclaimed bicycles for a period of at least three months;

B. All other unclaimed property for a period of at least four months.

(Ord. 112.1 § 5, 1970)

The chief of police shall restore unclaimed property in the possession of the police department to its legal owner, upon proof of such ownership satisfactory to him and upon the payment of all reasonably necessary costs incurred in the care and protection thereof, and cost of publication, if any. Where any such property may be needed or required as evidence in any criminal proceeding, the chief of police shall delay the restoration of such property to its legal owner until the conclusion of such proceedings. If such property is introduced as evidence in a criminal case, it shall be disposed of only upon order of the proper court. If the legal owner is a person prohibited by law from possessing such property, restitution shall not be made.

(Ord. 112.1 § 6, 1970)

Where lost money or other lost personal property is found or saved by a person other than in the course of employment as an employee of any public agency and is turned over to the police department in accordance with the provisions of Section 2080.1 of the State Civil Code or otherwise, and no owner appears and proves his ownership of such property within ninety days thereafter, the police department shall, if such property is of a value of ten dollars or more, cause to be published at least once in a newspaper of general circulation notice of the found or saved property. If, after seven days following the first publication of the notice, no owner appears and proves his ownership of the property, the property shall be returned to the finder on payment of all reasonable charges, including cost of publication. The police department may require the finder to deposit with it an amount sufficient to cover the cost of publication before so proceeding. Where such property is of a value of less than ten dollars it may be returned to the finder without publication of notice after expiration of the minimum applicable holding period specified in this chapter, if no owner appears and proves his ownership of the property. The provisions of this section shall not apply where the finder is a person prohibited by law from possessing such property.

(Ord. 112.1 § 7, 1970)

Notwithstanding the foregoing provisions of this chapter, when any unclaimed property in the possession of the police department is in danger of perishing, or of losing the greater part of its value, or when the reasonably necessary costs incurred in the care and protection of any such property amount to two-thirds of its value, the police department may sell such property by public auction in the manner and upon the notice of sale of personal property under execution, if it is a thing which is commonly the subject of sale, when the owner cannot, with reasonable diligence, be found, or, being found, refuses upon demand to pay the reasonably necessary costs incurred in the care and protection thereof.

(Ord. 112.1 § 8, 1970)