Pacifica Municipal Code Ch. 10 Disposition of Recovered Property in the Possession of the Department Of…

(Chapter 10 entitled "Disposition of Recovered Property in the Possession of the Police Department", consisting of Sections 3-10.01 through 3-10.03, as added by Ordinance No. 310-C.S., effec-tive October 29, 1981, repealed by Ordinance No. 378-C.S., effective December 14, 1983.)

(a) The Chief of Police shall make provisions for receiving and safekeeping found property and found money delivered to him or coming into his possession.

(b) Unclaimed property found, recovered or held by, delivered to, or otherwise coming into the possession of an officer, employee, or agent of the City shall be delivered to the Department of Police Services.

(c) The Department of Police Services shall notify the owner, if the identity is reasonably ascertainable, that the Department of Police Services possesses the property and where it may be claimed. The Department of Police Ser-vices may require the payment by the owner of a reasonable charge to defray the costs of the storage and care of the property.

(§ 2, Ord. 378-C.S., eff. December 14, 1983)

Such property shall be stored in a safe place for a period of at least three (3) months, in the case of bicycles, and for not less than four (4) months, in the case of property other than bicycles. Such money shall be deposited with the Director of Finance for a period of not less than six (6) months, unless sooner claimed by the true owner, and shall then be deemed to be unclaimed property or unclaimed money, subject to disposal as provided in this chapter.

(§ 2, Ord. 378-C.S., eff. December 14, 1983)

During such time as any such property or money is so held, it may be delivered or paid to the true owner after the payment of all reasonable charges for the storage and care of the property. Such property shall be delivered upon proof of ownership satisfactory to the Chief of Police after ten (10) days' notice by mail to any others who have asserted a claim of ownership at any address given by such persons. Such money shall be paid to the true owner upon written order to the Director of Finance from the Chief of Police. The Chief of Police shall make such order upon the same proof of ownership and with the same notice as prescribed in the case of property. If ownership cannot be determined to the satisfaction of the Chief of Police, he may refuse to deliver such property or order the payment of such money to anyone until ordered to do so by a court.

(§ 2, Ord. 378-C.S., eff. December 14, 1983)

If the true owner does not appear during the time such property or money is so held and claim the property or money, it may be delivered back to the finder, other than a City employee who found the property or money while performing his regular duty, if such finder has served written notice upon the City that he wishes to assert a claim to the property or money as a finder and if he has complied with the requirements of the Civil Code of the State governing the duties and obligations of a finder.

(§ 2, Ord. 378-C.S., eff. December 14, 1983)

All money so received by the Chief of Police and not delivered to the true owner during a six (6) months' period or to the finder shall thereafter be deposited in the General Fund.

(§ 2, Ord. 378-C.S., eff. December 14, 1983)

Upon the expiration of the initial four (4) months' period or after three (3) months in the case of bicycles, any property so received and not delivered to the true owner or finder may be appropriated to the use of the City upon an order of the City Manager, and such property not appropriated to City use may be sold at public auction to the highest bidder. Notice of any such sale shall be given by the City Clerk at the direction of the Chief of Police at least five (5) days before the time fixed therefor by publication at least once in a newspaper of general circulation published in the City.

(§ 2, Ord. 378-C.S., eff. December 14, 1983)

An auction for the sale of unclaimed property shall be conducted by the City Manager or his appointed representative.

(§ 2, Ord. 378-C.S., eff. December 14, 1983)

After such an auction is completed, the proceeds of the auction shall be delivered to the Director of Finance for deposit in the General Fund.

(§ 2, Ord. 378-C.S., eff. December 14, 1983)

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 shall direct.

(§ 2, Ord. 378-C.S., eff. December 14, 1983)

Any property coming into the possession of the Chief of Police which he determines to be dangerous or perishable may be disposed of immediately, without notice, in such manner as he determines to be in the public interests.

(§ 2, Ord. 378-C.S., December 14, 1983)

The provisions of this chapter shall not be deemed to apply to property or money subject to confiscation under the laws of the State or of the United States of America and shall apply to property or money held as evidence only when the property or money is unclaimed by any person and no other provisions of law are applicable concerning its disposition.

(§ 2, Ord. 378-C.S., eff. December 14, 1983)

The provisions of this chapter shall have no application to property which has been intentionally abandoned by its owner.

(§ 2, Ord. 378-C.S., eff. December 14, 1983)

Bicycles and/or toys which are in the possession of the Police Department and which have been unclaimed for a period of at least (60) days may, at the discretion of the Chief of Police, as authorized by Section 217 of the California Welfare and institutions Code, be turned over to a probation officer, to the Welfare Department of the County, or any charitable or nonprofit organization which is authorized under its articles of incorporation to participate in a program or activity designed 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.

(§ 1, Ord. 576-C.S., eff. September 11, 1991)