Chapter 2.68
POLICE AUCTION OF UNCLAIMED PROPERTY
Sections:
2.68.010 Property coming into possession of police.
2.68.040 Return of property upon release from custody.
2.68.050 Disposition of unclaimed property.
2.68.080 Liability of city for condition of title.
2.68.010 Property coming into possession of police.
A. All property or money taken from persons under arrest or taken under suspicion or with knowledge of its having been stolen or feloniously obtained, all property or money constituting evidence or proceeds of crime, and all property or money lost or abandoned that may come into the possession of any member of the police department shall be delivered to the chief of police.
B. A record shall be kept containing a detailed description of the property, together with the name of the person from whom received, the names of any claimants thereto, the time of the seizure, and the final disposition of the property. (Ord. 2513 §1, 1984)
2.68.020 Custody.
Property taken into custody by the police department by reason of seizure or abandonment, or for any other reason, shall be held at the expense and risk of the person lawfully entitled to possession thereof. (Ord. 2513 §2, 1984)
2.68.030 Reclamation.
At any time within thirty days after property has been taken into possession by the police department, the person lawfully entitled to possession may reclaim it on application to the chief of police and upon satisfactory proof of right to possession and payment of charges and expenses, if any, incurred in the preservation and custody of the property provided that the property is not needed as evidence. (Ord. 2513 §3, 1984)
2.68.040 Return of property upon release from custody.
A. When any person arrested is adjudged not guilty of the offense charged and it has been determined that the property or money taken belongs to such person, the chief of police shall deliver the property or money to the person personally and take a written receipt therefor.
B. If the accused is held for trial or examination, the money or property shall remain in the custody of the chief of police until the discharge or conviction of the person accused, unless the chief has delivered the property or money to a state or county officer, as provided by law.
C. This section shall be subject to any specific ordinance dealing with confiscation and destruction. (Ord. 2513 §4, 1984)
2.68.050 Disposition of unclaimed property.
Subject to other ordinances, all unclaimed property that has been in the possession of the police department for at least six months or, in the case of a bicycle, at least thirty days, and is no longer needed as evidence shall be disposed of by the chief of police in one of the following ways:
A. It shall be destroyed, if so directed by federal, state or city laws.
B. If the use of such property is requested by any department of the city and the property so requested is not subject to destruction under applicable federal, state or city laws or as provided in this chapter, the property shall be turned over to the city manager, who shall sign and return a receipt for it to the department making the request.
C. If the use of such property is requested by any charitable or nonprofit organization, recognized as such pursuant to Federal Internal Revenue Statutes, and the property so requested is not subject to destruction, the property may be turned over to the organization upon approval by the city manager.
D. All such property which is not disposed of as provided in subsections A, B and C of this section shall be sold at public auction to the highest bidder. A public auction shall be held at least once a year at a time and place to be fixed by the chief of police. The chief of police shall give notice of the sale at least five days before the time fixed therefor by publication once in the official city newspaper. Such notice shall state the day and hour when the sale is to commence, the place at which it is to be held, and shall contain a general description of the property to be sold or refer to a list thereof on file in the office of the chief of police. The notice shall be signed by the chief of police. The sale shall be conducted by the chief. The proceeds of the sale shall, together with all money unclaimed for a period of six months or more, be paid to the city recorder and placed in the general fund of the city. (Ord. 2513 §5, 1984)
2.68.060 Certificate of sale.
At the time of payment of the purchase price for bicycles and parts thereof sold by the city at public auction, the chief shall make and execute a certificate of sale in duplicate, the original of which shall be delivered to the purchaser. (Ord. 2513 §6, 1984)
2.68.070 Payment to owner.
At any time within the period of two years after the sale of any personal property at public auction by the city, the owner of any property sold shall be entitled to have the balance of the proceeds of such sale paid to the owner, upon making application therefor to the city manager and presenting satisfactory proof of ownership. (Ord. 2513 §7, 1984)
2.68.080 Liability of city for condition of title.
The city assumes no responsibility as to the condition of title to any property sold at public auction by the city. In case such a sale shall for any reason be invalid, the liability of the city is limited to the return of the purchase price. (Ord. 2513 §8, 1984)