Chapter 2.44
LOST, STOLEN, CONFISCATED OR ABANDONED PROPERTY

Sections:

2.44.010    Rights of finder.

2.44.020    Custodian.

2.44.030    Records required.

2.44.040    Disposition of certain property exclusive of article provisions.

2.44.050    Reclaiming property.

2.44.060    Failure to claim property.

2.44.070    Disposition generally.

2.44.080    Sale of unclaimed property.

Cross reference(s) Nuisances, Chapter 8.08 GJMC.

State law reference(s) General limitations of actions, § 13-80-101, C.R.S.

2.44.010 Rights of finder.

Notwithstanding any other provision of this chapter, whenever any item of lost or abandoned property has been found and delivered to the Chief of Police or one of his subordinates for care, control and custody, such item shall be released to the original finder whenever a claim has been made by the finder and the following conditions have been met:

(a)    The claimant is the person who originally found the lost or abandoned property and he is not a police officer.

(b)    The claimant, after surrendering the property, has filed a written notice with the Chief of Police of his intentions to make a claim on the property within 60 days of the surrender of the item.

(c)    The lost or abandoned property has remained unclaimed by the owner or person having a right to such property for 60 days after the surrender of the property to the Chief of Police.

(d)    The lost or abandoned property is not stolen or confiscated property, nor is it property held under the exceptions outlined in GJMC 2.44.040, property held as evidence pursuant to GJMC 2.44.070(b), or other law.

(e)    The claimant must appear at the Police Department no less than 60 days after surrendering any lost or abandoned property and prior to the expiration of 90 days to request the release of such property. Failure to appear within the above time frame shall forever bar any finder’s claim to such property.

(f)    The lost or abandoned property is not personal effects such as keys, checkbooks, wallets, credit cards or other such items as determined by the custodian.

(g)    The lost or abandoned property is not a firearm.

(Amended during 2009 recodification; Code 1994 § 20-26; Code 1965 § 22-6(f))

2.44.020 Custodian.

The Chief of Police is designated as the official custodian of each and every lost, stolen, confiscated or abandoned article or object of personal property not in the lawful custody of the court or any other person, which has been acquired or delivered to the Police Department, or any of its members, for care, control and custody.

(Code 1994 § 20-27; Code 1965 § 22-6(a))

2.44.030 Records required.

It shall be the duty of the Chief of Police or his designee to keep a record of all such property coming into the care, control and custody of the Police Department, showing:

(a)    The date and description of the property received;

(b)    Which property has been reclaimed by its owner, including the date and to whom delivered;

(c)    The date and name of any person who has made a finder’s claim and date of release to such person; and

(d)    The date and description of how any remaining property was disposed of.

(Code 1994 § 20-28; Code 1965 § 22-6(b))

2.44.040 Disposition of certain property exclusive of article provisions.

Notwithstanding any other provisions of this chapter, certain objects and articles of property as described in this chapter may be kept, held or disposed of as follows:

(a)    Nothing in this chapter shall be construed as amending any existing ordinances concerning the impoundment and disposition of livestock, dogs, poultry or other animals.

(b)    Unless ordered to the contrary by a court or otherwise required by State or national law, firearms or other weapons which may not lawfully be kept, possessed or retained by the owner or person otherwise entitled to the possession thereof or which may not otherwise lawfully be released to the owner thereof or which are unclaimed after notice to the owner or the owner of which is not known, may be kept and used by the Police Department in its training program or otherwise, or may be donated to museums or historical societies as the Chief of Police may order for purposes of historical preservation. If the firearms or weapons are declared surplus by the Chief of Police, disposition of such firearms or weapons may be made as otherwise provided in this section.

(c)    If the property consists of any of the following: burglar tools of any description; firearms, cartridges, explosives, armored or bulletproof clothing, or other dangerous weapons; gambling apparatus or instruments; beer, wine, spirituous liquor or fermented malt beverages; soiled, bloody or unsanitary clothing; solids or liquids of unknown or uncertain composition; drugs, narcotics, hallucinogenic substances, hypodermic syringes and needles, or other drug paraphernalia; any poisonous, noxious or deleterious solids or liquids; counterfeit bills, coins or other fraudulent negotiable instruments; or any other property which reasonably might result in injury to the health and safety of the public or be subject to unlawful use, the Chief of Police or his designee may destroy any such article. Any such article may be converted to Police Department use for training or other legitimate police or governmental purposes.

(Ord. 3837, 11-2-05. Code 1994 § 20-29; Code 1965 § 22-6(e))

2.44.050 Reclaiming property.

Unless otherwise provided in this chapter, any lost, stolen, confiscated or abandoned property may be reclaimed by the lawful owner upon proof of ownership and identity satisfactory to the Chief of Police, or his designee, and he is hereby authorized to release the property to such owner when the owner gives a proper receipt therefor, if claimed before such property is disposed of as provided in GJMC 2.44.040 or 2.44.070.

(Code 1994 § 20-30; Code 1965 § 22-6(c))

2.44.060 Failure to claim property.

Failure to make a claim of ownership within the time limits prescribed in GJMC 2.44.010 and before the sale or other disposition provided in GJMC 2.44.040 or 2.44.070 of any article shall forever bar the owner or any person claiming ownership by, through or under the owner from making any subsequent claims of ownership.

(Code 1994 § 20-31; Code 1965 § 22-6(d))

2.44.070 Disposition generally.

All lost, stolen, confiscated or abandoned property, with exceptions as provided in GJMC 2.44.040, which has not been claimed by the rightful owner thereof within 60 days after such property is no longer required to be held as evidence or within 60 days after such property came into the custody of the Chief of Police or within 30 days after the mailing of a letter of notice, whichever is the longer time, shall be disposed of by releasing such property to the original finder if a claim has been filed; retaining and using such property in the City’s training programs; destroying such property; or as ordered to the contrary by any court under the provisions of a more appropriate ordinance or State statute; or, at such time as the City Manager or his designee shall determine, selling such property at public auction; provided, however, that:

(a)    The Chief of Police, or his designee, shall examine all property in his custody, and if the identity of the owner appears from such examination or if the identity of the owner is readily available from public records available to him or otherwise known to him, the Chief of Police shall notify the apparent owner by letter, mailed by first class United States mail, postage prepaid, to the last known address of such apparent owner, describing the property and stating that such property is held by the Chief of Police and may be sold or otherwise disposed of unless claimed within 30 days of mailing such notice.

(b)    The Chief of Police, or his designee, shall keep in his control all articles of personal property seized or held as evidence, which has been delivered to the Chief of Police or one of his subordinates for use in any pending or prospective trial; unless otherwise ordered by the court having jurisdiction or upon proper authorization of the prosecuting attorney, until final disposition of any pending charges, including appeals or the lapse of time for filing an appeal.

(c)    Before any such property may be sold at public auction, the Chief of Police, or his designee, shall cause to be published in a newspaper of general circulation in the City, not less than 10 days before such sale, a notice setting forth a description of each article to be sold, the time and date and place of sale, and a statement that any person who claims to be the owner of or claims any interest in any article so described may appear at the Police Department before the time and date set for sale to reclaim such article upon presentation of satisfactory proof of identity and ownership of such article.

(d)    Whenever any property is retained by the City as provided for in this chapter, it shall be added to the City’s capital assets inventory, which shall also indicate the location of the assigned property and the designated use thereof.

(Code 1994 § 20-32; Code 1965 § 22-6(g))

2.44.080 Sale of unclaimed property.

At the time and place mentioned in the notice for the sale of unclaimed property, the City Manager or his designee shall sell all such property at public auction for the highest and best price such property will bring in cash. The proceeds of such sale, after deduction of the expenses of the sale, shall be paid to the City Manager, who shall deposit such proceeds in the general fund of the City.

(Code 1994 § 20-33; Code 1965 § 22-6(h), (i))