ARTICLE 4-4:
Unclaimed Personal Property
Section
4-4-1 Definitions
4-4-2 General
4-4-3 Petition for disposition of property
4-4-4 Procedures for disposition of property, if disputed
4-4-5 Dispositions of weapons
4-4-1 DEFINITIONS.
The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
CONTRABAND means any property, item, or substance which is unlawful to produce or possess under federal, state, or local law.
FIREARM means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will, or is designed to, or may readily be converted to expel a projectile by the action of expanding gases.
GIFTED PROPERTY means property surrendered to the City for its use or disposal.
HAZARDOUS MATERIAL means any material that, because of its quantity, concentration, or physical and chemical characteristics, may pose a present or potential hazard to human health and safety or to the environment if released into the workplace or environment, or the presence of which requires investigation, disposal, removal and/or remediation under any federal, state or local law, regulation, order or policy.
INTANGIBLE PROPERTY means the definition as provided in A.R.S. § 44-301.
OWNER means the person lawfully vested with the ownership or title of property.
PERSONAL PROPERTY means property of every kind, except real property and intangible property.
STOLEN PROPERTY means that property to which the owner has been unlawfully deprived of possession, and which has been taken into police custody pursuant to a commission of any crime as defined by federal, state or local law.
WEAPON means any firearm, ammunition, taser, spring gun, air gun or gas-operated gun, or any other device, capable of discharging a dangerous or deadly missile or any other device or instrument capable of inflicting bodily injury or incapacitating (temporarily or permanently) another.
(Ord. 10-1212, passed 4-26-10)
4-4-2 GENERAL.
All personal property coming into the possession of the City as abandoned, unclaimed, found, stolen, seized, contraband, safekeeping or as evidence, shall be disposed of as follows and in accordance with the City procurement code, if applicable:
(A) Property used as evidence in any criminal proceeding shall be disposed of pursuant to Arizona Rules of Criminal Procedure, Rule 28.2; items which cannot be returned to a legal owner shall be disposed of as provided in this chapter.
(B) Property seized for forfeiture shall be disposed of as provided in Arizona Revised Statutes Title 13 (A.R.S. § 13-4301 et seq.).
(C) Abandoned and unclaimed vehicles shall be disposed of as provided in Arizona Revised Statutes Title 28 (A.R.S. § 28-4831 et seq.).
(D) Illegal drugs and related substances, not used for evidence or forfeitures, shall be disposed of as provided in A.R.S. § 13-3413 or retained and used for law enforcement purposes.
(E) Intangible property shall be disposed of pursuant to the Unclaimed Property Act, Arizona Revised Statutes Title 44 (A.R.S. § 44-301 et seq.).
(F) Perishable items not otherwise disposed of as provided herein, or reclaimed by the owner, may be destroyed after 24 hours of its acquisition by the Police Department.
(G) Unless otherwise provided in this chapter or by law, all personal property coming into the possession of the City, as abandoned, unclaimed, found, stolen, seized, contraband, safekeeping or as evidence, may be disposed of as follows:
(1) Returned to the owner as provided by this chapter;
(2) Destroyed, if authorized by this chapter;
(3) Retained and utilized by the Police Department or other City department;
(4) Sold, loaned or transferred to any local, state, federal or other governmental entity, nonprofit or charitable organization, to the extent allowable by law. Expenses for keeping and transferring such property are to be paid by the recipient;
(5) Donated to a museum, educational institution or other similar entity for display or educational purposes; or
(6) Treated as surplus and disposed of in accordance with this chapter and the City’s procurement code. All such dispositions shall be consistent with the nature and type of item being disposed.
(H) Contraband and hazardous materials shall be:
(1) Destroyed by or retained and utilized by the Police Department for law enforcement purposes; or
(2) Sold, loaned or transferred to any local, state or federal law enforcement agency for law enforcement purposes, to the extent allowed by law. Expenses for keeping and transferring such property are to be paid by the recipient; or
(3) The handling and disposition of the contraband and hazardous materials shall be in accordance with federal, state and local law, order or policy.
(I) Police canine shall be:
(1) Transferred to a police canine handler, as approved by the Chief of Police and the Procurement Manager. Expenses for transferring the canine are to be paid by the recipient.
(2) Sold, loaned or transferred to any local, state or federal law enforcement agency for law enforcement purposes, to the extent allowed by law. Expenses for keeping and transferring the canine are to be paid by the recipient.
(Ord. 10-1212, passed 4-26-10)
4-4-3 PETITION FOR DISPOSITION OF PROPERTY.
(A) Personal property in the possession of the department for 30 days will be disposed of as follows, unless prohibited by law or otherwise provided in this chapter:
(1) Items with an apparent market value, in their present state, of $25 or less may be disposed of by the City.
(2) Items with an apparent market value, in their present state, at more than $25 may be disposed of after service of notice.
(3) The notice should provide:
(a) A description of the property;
(b) Name(s) of the person(s) from whom the property was seized;
(c) Circumstances under which property came into City’s possession; and
(d) Notice that property not claimed within 60 days will be disposed of by the City.
(4) If owner or claimant is known, service of notice may be accomplished by any of the following methods:
(a) Personal service;
(b) Leaving a notice at the place of residence or business; or
(c) First class mail, postage prepaid, to the address on record. Service of notice by mail shall be considered complete upon mailing.
(5) If an owner or claimant is unknown, the City shall publish notice one time in a paper of general circulation. Publication of notice shall be at least 18 days prior to the date of sale. The City may require claimants to reimburse the City for the costs of publication prior to release of the property.
(B) If a person does claim the property and presents sufficient proof of ownership to the Police Department, the property shall be released to that person after the person remits the costs of publication of the notice to the City, if any.
(C) Sixty days after service of notice, if the property remains unclaimed by the owner, or the City objects to its release, the City may petition the City Municipal Court for disposal of the property. If the property remains unclaimed 90 days after the property came into the possession of the City, the court shall confirm that proper notice has been provided and order the property to be the property of the City for disposal as provided in this chapter.
(Ord. 10-1212, passed 4-26-10)
4-4-4 PROCEDURES FOR DISPOSITION OF PROPERTY, IF DISPUTED.
(A) If there is a dispute as to the ownership or release of the property, the City or claimant shall send a request to the City Municipal Court for a hearing to be conducted to determine ownership or appropriate release of the property.
(B) All parties known to be claiming an ownership interest in the property shall be given notice by the court of the hearing date by first class mail postage prepaid. Service shall be considered complete upon mailing to the address provided by the claimants.
(C) Any person claiming an interest in the property shall be known as a respondent. The City shall be known as the petitioner. Both the petitioner and respondents shall have the right to appear at the hearing and present evidence in support of their claim to the property or basis to decline release.
(D) The failure of a respondent to appear at the hearing shall constitute a waiver of any and all claim(s) to the property by such person against the City, and shall cause and authorize the court to enter a ruling consistent therewith.
(E) All respondents are required to bring or file with the court an original and one copy of all documentary evidence, and all correspondence and other documents exchanged with any insurance carrier or other person regarding reimbursement for the property.
(F) The hearing shall be informal. The rules of evidence shall not apply to the hearing and decisions shall be based upon the preponderance of the evidence. The Municipal Court may allow testimony to be given orally or through sworn written affidavits.
(G) The court’s decision shall be issued within 10 calendar days of the close of the record. The decision shall be in writing, and shall be mailed first class mail, postage prepaid, to each respondent or claimant appearing. The decision of the court shall be final upon issuance.
(H) Prior to receiving possession of the subject property, the prevailing claimant shall be required to provide a copy of the decision and appropriate identification to the Police Department property custodian, and may be required to pay all costs of publication, if any.
(I) Any property not claimed by the prevailing party within 60 days from the date the court issued its decision shall become the property of the City, without the necessity of further court proceedings.
(Ord. 10-1212, passed 4-26-10)
4-4-5 DISPOSITIONS OF WEAPONS.
(A) Weapons will be returned to the owner as provided in A.R.S. § 13-3601 and this chapter, except as follows:
(1) When the weapon is illegal as provided by law;
(2) When the return of the weapon is prohibited or forfeited by law or court order;
(3) When the owner has known criminal charges pending which involve a felony, domestic violence, or misconduct with weapons;
(4) When the weapon must be retained for evidentiary purposes, regardless of the nature of the proceeding;
(5) When the owner is a prohibited possessor pursuant to law; or
(6) Unless otherwise precluded by law or this chapter.
(B) When a weapon is seized by the Police Department pursuant to an investigation of a felony, domestic violence or misconduct with weapons, the Police Department shall not release the weapon to a third party who claims to have had ownership of the weapon transferred to that third party by the owner since the seizure of the weapon.
(C) A person, other than the person from whom a weapon was seized, who claims ownership of the weapon must present documentary proof of ownership to the Police Department property custodian before the weapon will be released to that person.
(D) When the Police Department declines to return a weapon to a person claiming ownership of such weapon, that claimant may file a petition with the City Municipal Court and request that a hearing be conducted to determine ownership or appropriate release of the property, setting forth the following:
(1) Claimant’s name and address;
(2) Description of the weapon, including manufacturer, model and serial number;
(3) Date the weapon was seized by the Police Department and the department report number, if known;
(4) Date claimant became the owner of the weapon. Claimant must attach documentary evidence of their ownership;
(5) A brief statement explaining why the claimant believes the weapon should legally be returned to them;
(6) A statement that the claimant is not a prohibited possessor under state or federal law and has no pending criminal charges or domestic violence actions in any state where the claimant is a defendant; and
(7) The petition must be verified.
(E) The claimant shall serve a copy of the petition, as provided in Section 4-4-3, on the Chief of Police. All parties claiming an ownership interest in the property, and the City, shall be given notice by the court of the hearing date as provided in Section 4-4-4. Service to claimants shall be considered complete upon mailing to the address provided by the claimants.
(F) The hearing and related procedures shall be conducted by the City Municipal Court as provided in Section 4-4-4.
(G) Firearms will be returned only after first being dismantled by the Police Department in a manner which will not preclude reassembly. If ammunition is to be returned, the Police Department reserves the option of returning the ammunition on a day different from which the firearm is returned.
(Ord. 10-1212, passed 4-26-10)