Chapter 4.22
DISPOSAL OF POLICE DEPARTMENT PROPERTY
Sections:
4.22.010 Disposal of property.
4.22.020 Notice of disposition of property with a known owner.
4.22.030 Finder’s election to retain possession of found property after report.
4.22.040 Notice of disposition of property with an unknown owner.
4.22.050 Disposition.
4.22.060 Auction sale.
4.22.070 Publication of sales cost and reimbursement.
4.22.080 Dangerous, prohibited or perishable property, immediate disposal.
4.22.010 Disposal of property.
A. The following property in possession of the police department may be disposed of as provided in this chapter:
1. Property abandoned and not claimed by the owner within thirty (30) days of notification delivered to the last known mailing address of the owner; or
2. Property stolen and not claimed by the owner within thirty (30) days of notification delivered to the last known mailing address of the owner after the final disposition of the criminal case regarding the property; or
3. Property found and delivered to the police department and not claimed by the owner within thirty (30) days of notification delivered to the last known mailing address of the owner, or thirty (30) days after the date on which the city or police department publishes a notice, in a newspaper of general circulation, to an unknown owner; or
4. Firearms forfeited under the provisions of state law for conviction of an offense involving the use, possession or transfer of a firearm; or
5. Firearms, weapons or other property found, seized by police as evidence or for safekeeping where the rightful owner does not claim the property within thirty (30) days of notification delivered to the last known mailing address of the owner, after the final disposition of the case or thirty (30) days after the date on which the city or police department publishes a notice, in a newspaper of general circulation, to an unknown owner; or
6. Department property that has been deemed to be surplus to the needs of the department because it no longer has any value or is of a neglible value, or is nonfunctional and more cost effective to replace rather than repair.
B. As used in this chapter, “disposable property” does not include any asset forfeitures conducted pursuant to Chapter 4.21 or other specific forfeiture programs authorized by City code. Forfeiture or disposition of motor vehicles that come into the department’s possession shall conform to current Alaska Statutes regarding the disposition of such property. (Ord. 99-15 §2(part), 1999)(Ord. 07-02 §2(part),2007)
4.22.020 Notice of disposition of property with a known owner.
A. The department evidence custodian, as the person directly responsible for the administration of department obtained property, shall mail a notice of the intended disposition of the stolen, abandoned, forfeited, seized or found property to the owner of the property at the last known mailing address of the owner.
B. The notice of disposition required by this section shall include:
1. A general description of the property;
2. The date on which the police department obtained possession of the property;
3. The provision that the property is to be forfeited to the department at the time, date and place stated in the notice if the owner does not claim the property;
4. The provision that the property, if money, will be paid into the city’s general fund, if the owner does not claim the money;
5. The provision that the property must be claimed by the owner within thirty (30) days after the date of the notice;
6. The provision, when applicable, that firearms forfeited under state law for conviction of an offense involving the use, possession or transfer of a firearm shall be forfeited to the department. (Ord. 99-15 §2(part), 1999)
4.22.030 Finder’s election to retain possession of found property after report.
A. Persons who report found property shall be informed of the provision that the finder may retain possession of the property and make adequate notice of their finding (as outlined in this section) and that if the property remains unclaimed after thirty (30) days of publication, the property is forfeited to the finder. If the finder elects to turn the property over to the department, the finder shall be notified that they will forfeit all of their right, title, interest and claim in, and to, found property or money unclaimed by the owner unless the finder files a written request with the Chief of Police for return to the finder of the unclaimed property or money. The request must be filed no later than twenty (20) days after the date of transfer of the property to the department.
B. If the finder elects to retain possession of found property pending disposition, the finder of the property shall publish in a newspaper of general circulation in the city, a notice of found property. If the publication is by the finder of the property, at least ten (10) days shall elapse between the time the city is notified that the property has been found and the date of the publication. (Ord. 99-15 §2(part), 1999)
4.22.040 Notice of disposition of property with an unknown owner.
A. The department evidence custodian, as the person directly responsible for the administration of department obtained property, shall publish in a newspaper of general circulation in the city a notice of property in the department’s possession and its pending disposal.
B. The notice of disposition required by this section shall include:
1. A general description of the property;
2. The date on which the police department obtained possession of the property;
3. The provision that the property is to be forfeited to the department at the time, date and place stated in the notice if the owner does not claim the property;
4. The provision that the property, if money, will be paid into the city’s general fund, if the owner does not claim the money;
5. The provision that the property must be claimed by the owner within thirty (30) days after the date of the notice. (Ord. 99-15 §2(part), 1999)
4.22.050 Disposition.
A. Department surplus property, forfeited property, and other property unclaimed by the owner after the publication and/or mailing of notice of disposition and the expiration of time periods as required by the previous sections, shall be disposed of as follows:
1. The property, if money, will be paid into the city’s general fund;
2. Found property, including money, shall be returned to the finder if they have timely requested such return as provided in the previous section;
3. Surplus property, forfeited property, and all property not claimed or returned to the finder may be sold as provided by this chapter after a notice is given or published as outlined in the previous section. The proceeds of the sale, and disposable property that is money, shall be deposited into the general fund of the city;
4. Surplus property, forfeited property, property not claimed or returned to the finder may be provided to another city department for any lawful purpose (excluding contraband and/or items, the possession of or use of which may be unlawful);
5. Surplus property, forfeited property, property not claimed or returned to the finder may be donated to an eligible charity upon approval of the City Council;
6. Surplus property, forfeited property, or property not claimed or returned to the finder which has no or negligible value may be destroyed. (Ord. 99-15 §2(part), 1999)
4.22.060 Auction sale.
Should the department elect to dispose of forfeited property by public auction the city shall sell the property in accordance with existing code provisions. (Ord. 99-15 §2(part), 1999)
4.22.070 Publication of sales cost and reimbursement.
Before returning property to the finder or owner, and before delivering money to the City Accountant for deposit into the general fund, the Chief of Police or his designee shall require reimbursement, by the person receiving the property or money delivered, of the costs of publication and sale attributable to the property or money delivered. (Ord. 99-15 §2(part), 1999)
4.22.080 Dangerous, prohibited or perishable property, immediate disposal.
Property in possession of the Police Department and determined by the Chief of Police or his designee to be perishable, property of which possession is prohibited by law, property which has no intrinsic value, or property which constitutes an immediate danger to the public may be disposed of immediately in any safe manner without notice to a known or unknown owner. (Ord. 99-15 §2(part), 1999)