Chapter 2.20 — DISPOSITION OF UNCLAIMED PROPERTY

Any stolen property or property otherwise coming into the possession of the police department in the course of the official duties of members thereof, and which cannot after due diligence be returned to the rightful owner, shall be disposed of in the following manner:

• (1) Public Auction. Sold at public auction for cash to the highest bidder; sales to be held at public auction. Public auctions will be conducted at the discretion of the chief of police;

• (2) Notice. Public notice of sale is to be given by the chief of police by publishing notice thereof once in the official city newspaper; publication to be not less than five days prior to date of sale. In addition, a copy of the notice is to be posted on the bulletin board in the City Hall at least five days prior to sale.

(Prior code § 2-35; Ord. 71-O-109 § 1, 1971; Ord. 91-O-125 § 1, 1991)

Evidence shall be held until the case has been adjudicated or until such time is it is determined that the property is of no evidential value.

Found property which has not been returned to the rightful owner, and when no claim to the property has been made, may be disposed of after a period of three months. (Prior code § 2-36; Ord. 71-O-109 § 1, 1971)

The chief of police shall keep a complete record showing when such property came into the possession of the police department, a description thereof, a record of where the same was found or from whom taken, and when claimed, the person making such claim, or when advertised and sold, the date of such sale, the name and address of the purchaser and the sale price thereof. (Prior code § 2-37; Ord. 71-O-109 § 1, 1971)

All moneys received as a result of such sales shall be paid to the director of finance and by him or her deposited in the general fund of the city. (Prior code § 2-38; Ord. 71-O-109 § 1, 1971)

Any bicycles or toys coming into the possession of the police department and being unclaimed for three months, instead of being sold at public auction pursuant to this code, may be turned over to the chief of police for use by him or her in any program of activities designed to prevent juvenile delinquency.

(Prior code § 2-39; Ord. 71-O-109 § 1, 1971)

Any property coming into the possession of the police department which is determined by the city council by resolution to be unclaimed and needed for city use, shall be converted for such city use; provided, however, that nothing shall be construed herein to limit or modify the provisions of the Penal Code pertaining to the disposition of weapons or contraband. (Prior code § 2-39.1; Ord. 71-O-109 § 1, 1971)