Tracy Municipal Code Ch. 2.24 Lost, Stolen or Unclaimed Property in Possession of Police Department—…

All property or money taken from persons under arrest, or taken under suspicion, or with the knowledge of it being stolen or feloniously obtained, and 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 entered or cause to be entered in a record to be kept by the Police Department for that purpose, detailed description of 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 final disposition thereof.

(Prior code § 2-6.01)

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

(Prior code § 2-6.02)

Any unclaimed property not governed by statute, after being held sixty (60) days from the date the City came into possession of said property, shall be auctioned, destroyed, or maintained for departmental use in accordance with Civil Code section 2080.1 et seq.

Toys and bicycles which have been unclaimed for a period of ninety (90) days, instead of being sold at public auction, may be turned over to any program in accordance with Welfare and Institutions Code 217.

(Ord. 1086 § 1, 2005: prior code § 2-6.03)

The Chief of Police, or his/her designee, may sell at public auction all unclaimed property that has been in custody for a period of three (3) months. Said sale shall be noticed in accordance with the provisions of California Civil Code section 2080.1 et seq. Proceeds of such sale, together with all monies unclaimed for a period of three (3) months, shall be paid into the general fund. In no case shall any property be sold or disposed of until the necessity for the use thereof as evidence has ceased.

(Prior code § 2-6.04)

Any unclaimed pistol, revolver, or other firearm capable of being carried upon the person which has been unclaimed and stored by the Police Department shall be disposed of in the manner that the Chief of Police, in the public interest, may determine in accordance with the provisions of Penal Code section 12028.

(Prior code § 2-6.05)