Chapter 4.120
DISPOSITION OF UNCLAIMED PROPERTY

Sections:

4.120.010    Delivery to chief of police.

4.120.020    Protection of property – Sale – Retention for public use.

4.120.030    Notice of sale – Disposal of unsold property.

4.120.040    Unclaimed bicycles and/or toys – Alternate method of disposal.

4.120.050    Perishable property.

4.120.060    Guns, fireworks, etc.

4.120.010 Delivery to chief of police.

It shall be and it is hereby declared to be the duty of every employee and officer of the city who shall find any lost money or other property in or upon any public grounds, highways, road, public building, place or property in the city to deliver the same to the chief of police, together with a statement in writing stating fully the circumstances of the finds, including the time and place of the finding and the name and address of the owner or person believed to be the owner, if known. (Ord. 140 § 1. Code 1997 § 21A-1)

4.120.020 Protection of property – Sale – Retention for public use.

The chief of police of the city shall care for and protect all property coming into his possession by virtue of the preceding section, and shall restore such property to its true owner upon proof of ownership satisfactory to him and upon payment of all necessary costs incurred in the care and protection thereof. Should any such property remain unclaimed by its true owner for a period of four months from the date of finding, the chief of police is hereby authorized at any time thereafter to publish a notice describing the property and stating that five days after such publication the property will be transferred to the purchasing department for sale at public auction. Such property shall not thereafter be redeemable by the owner or other person entitled to possession. If the purchasing department determines that any such property transferred to it for sale is needed for a public use, such property may be retained by the purchasing department for use by the city and need not be sold. (Ord. 140 § 1; Ord. 150 § 1; Ord. 253 § 1; Ord. 897 § 1. Code 1997 § 21A-2)

4.120.030 Notice of sale – Disposal of unsold property.

Prior to the sale of any property at public auction, the purchasing department shall publish a notice of time and place of sale, describing the items to be sold, at least five days prior to the sale. Any property remaining unsold after being offered at such public auction may be destroyed or otherwise disposed of. The proceeds of such sale shall be deposited in the general fund. (Ord. 253 § 2. Code 1997 § 21A-2.1)

4.120.040 Unclaimed bicycles and/or toys – Alternate method of disposal.

Bicycles and/or toys which are unclaimed and have been in the possession of the police department for a minimum of 60 days may be sold at public auction to the highest bidder in accordance with the provisions of Civil Code Section 2080.5 or may be turned over to the county probation officer, to the welfare department or to any charitable or non-profit organization which is authorized under its articles of incorporation to participate in a program or activity designed to prevent juvenile delinquency and which is exempt from income taxation under federal or state law for use in any program or activity designed to prevent juvenile delinquency, as authorized by Section 217 of the Welfare and Institutions Code or any successor section thereto. (Ord. 897 § 1. Code 1997 § 21A-2.2)

4.120.050 Perishable property.

Should any property coming into the custody of the chief of police by virtue of SLTCC 4.120.010 be in danger of perishing or of losing the greater part of its value, or should the lawful charges as a finder of such property amount to two-thirds of its value, the same may be immediately sold by the chief of police in the same manner as the sale of a thing pledged, and the provisions of SLTCC 4.120.020 shall not apply to the sale thereof. (Ord. 140 § 1. Code 1997 § 21A-3)

4.120.060 Guns, fireworks, etc.

Whenever any guns, weapons, arms, fireworks, explosives or other like property come into custody of the chief of police, whether by finding, confiscation on public or private property, or otherwise, such property shall be turned over forthwith to the city manager who shall make such disposition thereof in the public interest as he shall see fit. (Ord. 140 § 1. Code 1997 § 21A-4)