Rialto Municipal Code Ch. 2.54 Unclaimed Property

Any personal property including money which is seized, taken into possession, delivered or comes into the hands of any officer or member of the police department in the execution of his or her duties with the department and is not thereafter delivered to the rightful owner thereof or not being used as evidence in a court of law or other official hearing and not claimed by the owner thereof or his/her duly authorized agent for at least six months next following the taking of possession thereof by the police department is "unclaimed property."

(1965 code Title X Ch. 2, § 3(A))

The custodian of unclaimed property is that member of the police department or employee thereof to whom the chief of police of the city delegates the authority and responsibility of care of unclaimed property and the maintenance of records.

(1965 code Title X Ch. 2, § 3(B))

In the event the unclaimed property is not claimed by the rightful owner thereof and possession surrendered thereto, the city administrator shall sell the same at public auction to the highest bidder by giving at least five days' notice before the time fixed for such sale by publication once in a newspaper of general circulation published in the county of San Bernardino, California.

The notice shall contain a general description of the unclaimed property and shall give notice that if such property is unclaimed by the rightful owner thereof prior to the day of the sale, then such property will be sold at public auction at such place as the city administrator may direct and in such manner and on such terms as to the city administrator deems reasonable and proper. Money, which is unclaimed, is forthwith paid to the city treasurer for deposit to the general fund.

When, in the opinion of the city administrator, any such property is needed for a public purpose, such property may be retained by the city and need not be sold.

(Ord. 1092, 1990: Ord. 749 (part), 1978; 1965 code Title X, Ch. 2, § 3(C))

All moneys collected from the sale of unclaimed property as herein set forth are paid to the city treasurer for deposit to the general fund of the city.

(1965 code Title X, Ch. 2, § 3(D))

None of the preceding provisions apply to pistols, revolvers, derringers, or any other firearm, dirks, sling shots, metallic knuckles, blackjack, billy club, sand club, sand bag, dagger, any knife having a blade longer than five inches, any razor with an unguarded blade, and any metal pipe or other device, regardless of the material of its construction, intended to be used as a club.

All such weapons, except those that the chief of police deems of use to the police department and retained therefor, are, at any time after expiration of six months from the date of obtaining possession thereof, destroyed in such manner as is directed by the chief of police. When, however, in the opinion of the chief of police, any of the items referred to in this section may be properly and legally sold in the manner prescribed in California Penal Code Section 12028, he/she may list the items proposed to be sold and shall submit such list to the city council with a request for a resolution permitting the sale of the listed items. If such permission is granted, then such items may be so sold; provided, however, that all requirements of all applicable laws and regulations shall be complied with in such sale.

(Ord. 749 (part), 1978; 1965 code Title X, Ch. 2, § 3(E))

Any unclaimed property which has been offered for sale as hereinabove provided and for which no price or sum has been offered and is, in the opinion of the chief of police, worthless and without value is disposed of in such manner as the chief of police prescribes. The description of all unclaimed property so disposed of as worthless or without value, together with the method of destruction or disposition, is maintained by the office of the chief of police for a period of one year.

(1965 code Title X, Ch. 2, § 3(F))

The city shall not expressly or impliedly warrant title to the unclaimed property or its fitness for its former or intended use, the unclaimed property being purchased "as is—without warranty, whether express or implied, and with all faults whether known or unknown."

(Ord. 1234 (part), 1995: 1965 code Title X, Ch. 2, § 3(G))