Truckee Municipal Code Ch. 9.07 Unclaimed Lost Property

It shall be the duty of all officers and employees of the Town, as well as every other person within the Town, whenever there comes into their possession any money or personal property which such finder or possessor has reason to believe may have been stolen, lost, or misplaced to deliver the same to the Police Department and to make an affidavit stating when and where the property was found. A receipt shall be issued to the person delivering such property.

Any unclaimed property or money coming into the possession of the Police Department shall be held for the account of the owner thereof for 90 days, unless the owner thereof shall sooner claim the property. The property shall be stored in a safe place, and such money shall be deposited with the Director of Finance for 90 days, unless sooner claimed by the true owner, and thereafter shall be deemed to be unclaimed property or unclaimed money and be subject to disposal as provided in this Chapter.

During such 90-day period, such property may be delivered or such money paid to the true owner upon proof of ownership satisfactory to the Chief of Police or his/her designee. If ownership cannot be determined to the satisfaction of the Chief of Police, the Chief of Police may refuse to deliver such property or money to anyone until ordered to do so by a court of competent jurisdiction. No property or money shall be returned to the owner until the payment of all charges therefor as provided in this chapter.

If the estimated value of the property or money is $250 or more and no owner appears and proves ownership within 90 days, the Police Department may cause notice of the property or money to be published in a local newspaper one time, but is not required to do so.

Any person, other than an employee of any public agency who found money or property in the course of his or her employment, who turns over to the Police Department any lost or unclaimed property or money may assert a written claim as a finder to such property or money in the event the true owner of such property or money has not been found or located within seven days after the publication of notice pursuant to section 9.07.035, or within 90 days if no notice was required to be published. If such finder fails to assert a written claim to the property or money as a finder at the time he delivers such property or money to the Police Department, such finder shall be deemed to have waived his rights as a finder.

In the event the true owner of such unclaimed property does not claim the same within 90 days for property or money for which no notice was published, or within seven days of publication of notice for property or money for which notice was published, , the Chief of Police or his/her designee shall deliver such property or money to the finder if: (i) the finder was not an employee of any public agency acting in the course of his or her employment; and (ii) the finder has indicated in writing that the finder wishes to assert a claim to the property or money as the finder. Charges may be imposed as provided herein.

All money received by the Police Department and not delivered to the true owner during the period established by California State Law, or to the finder in accordance with the provisions of Section 9.07.040 of this Chapter, shall be deposited in the General Fund within thirty (30) days after the expiration of said period.

All property so received by the Police Department and not delivered to the true owner during the period established by California State Law, or to the finder as provided in Section 9.07.040 of this Chapter, shall be disposed of by public auction or by appropriation to the use of the Town, whichever the Town Manager or his/her designee determines to be in the best interests of the Town.

In the event an auction is held, there shall be published in a newspaper of general circulation published in the Town, at least five (5) days prior to such a sale, a notice describing the articles to be disposed of and announcing the date, time and place of the sale.

Prior to returning any property or money to the true owner, or in the event the owner cannot be found, to the finder, the Police Department may require the payment of the necessary costs and disbursements incurred in storing and keeping such property or money.

After such auction is completed, the Chief of Police or his/her designee shall deliver the proceeds of the auction to the Director of Finance for deposit in the General Fund.

Any property advertised and offered for sale but not sold and not suitable for appropriation to the use of the Town shall be deemed to be of no value and shall be disposed of in such manner as prescribed by California State Law.

Any property coming into the possession of the Police Department which is determined to be dangerous or unlawful to possess or perishable may be disposed of immediately, without notice, in such manner as may be determined to be in the public interest.

The provisions of this Chapter pertaining to lost or unclaimed property shall not apply to property held by the Police Department as evidence.

The provisions of this Chapter shall have no application to property which has been intentionally abandoned by its owner. Any such property intentionally abandoned having more than a Nominal value will be sent to auction after being held for a minimum of thirty (30) days.

(ORD 94-12 08-18-94; ORD 2017-03 6/27/2017)