Chapter 3.12


3.12.010  Applicability of state statutes.

3.12.020  Unclaimed property defined.

3.12.030  Holding period.

3.12.040  Disposition.

3.12.050  Exemptions.

3.12.010 Applicability of state statutes.

The city elects to be governed by the provisions of Article 1, Chapter 4, Title VI (Section 2080 et seq.) of the California Civil Code, except to the extent those provisions are inconsistent with this chapter. (Ord. 97-06 § 2, 1997)

3.12.020 Unclaimed property defined.

Within the meaning of this chapter, “unclaimed property” means all personal property including, but not limited to, currency, coming into the possession of the police department of the city which, in the opinion of the police chief, need not be preserved as evidence to be used in connection with the investigation or prosecution of crime, the owner or owners of which property are unknown or cannot be located after appropriate or reasonable inquiry, and to which no valid claim of ownership is made. (Ord. 97-06 § 2, 1997)

3.12.030 Holding period.

All unclaimed property, as defined in this chapter, shall be held by the police department for a period of at least three months. If the owner appears within that period of time, proves his or her ownership, and pays all reasonable charges, the police department shall restore the property to him or her. (Ord. 97-06 § 2, 1997)

3.12.040 Disposition.

Whenever any unclaimed property remains unclaimed in the possession of the police department for a period of at least three months, such property shall be transferred to the city purchasing department for sale to the public at public auction. Property sold at public auction shall be sold to the highest bidder, with notice of the sale to be given by the purchasing department at least five days before the time fixed therefor by publication once in a newspaper of general circulation published in the county of Stanislaus. Upon transfer of the property to the purchasing department, as provided in this section, it shall no longer be redeemable by the owner or person entitled to possession. The foregoing to the contrary notwithstanding, in the event the purchasing department determines that any property transferred to it for sale is needed for a public use, the property may be retained by the city and need not be sold. (Ord. 97-06 § 2, 1997)

3.12.050 Exemptions.

The provisions of this chapter shall not be construed as repealing any ordinance of the city relating to the impounding of dogs or other animals, nor as preventing the city from resorting to the laws of the state relating to stray animals, nor as preventing the police department nor any other department of the city from destroying or otherwise disposing of any personal property having no sale value, either summarily or after such notice as the city deems reasonable under the circumstances. Anything in this chapter to the contrary notwithstanding, this chapter shall not apply to livestock, other living creatures, or articles of a perishable nature, nor to property or money subject to confiscation under the laws of the state of California or of the United States of America. (Ord. 97-06 § 2, 1997)