Chapter 3.10
DISPOSITION OF ABANDONED AND SEIZED PROPERTY
Sections:
3.10.030 Procedures before sale.
3.10.040 Procedure of sale, generally.
3.10.050 Form of bill of sale.
3.10.060 Disposition of animals.
3.10.010 Storage.
It shall be the duty of the Police Department, whenever an animal other than a dog or other personal property shall be found abandoned on the streets or be found without an owner claiming the same, or shall, by reason of arrest, confiscation or in any other manner, come into the hands of the Police Department without a claimant, to either place the same on the City Hall grounds for further disposition, or store the same with a garage, pound or other storage place pending investigation of ownership. (Ord. 717, § 1. Code 1983 § 45.110.)
3.10.020 Investigation.
The Police Department, on finding personal property, or coming into possession of the same, shall make diligent inquiry of all persons as to the name and address of the owner, conditional vendor or mortgagee or any person interested therein and shall examine the personal property for a license number, motor number, serial number, make and style, and any other information on the animal or personal property which will aid in the identification of the owner, conditional vendor, mortgagee or other interested person. (Ord. 717, § 2. Code 1983 § 45.120.)
3.10.030 Procedures before sale.
(1) If the owner or conditional vendor of property referred to herein or mortgagee or other person interested therein is found and identified, he shall be immediately notified by registered or certified letter that the personal property is held by the Police Department and will be sold at public auction at the City Hall grounds, the place of storage, or any other designated location within the City on a certain day at 10:00 a.m. to the highest bidder for cash, which sale shall not be held until 10 days have elapsed from the receipt by the owner of the registered or certified notice.
(2) If, after 30 days from the day the personal property shall come into the possession of the Police Department, the owner, conditional vendor, mortgagee or other interested person cannot be found after due diligence as herein set out, then the Chief of Police shall cause to be published, in a newspaper printed and published in the County, a notice embodying the information set out in subsection (1) of this section, which shall be published twice, the first publication of which shall be made more than 10 days before the proposed sale.
(3) If the owner, conditional vendor, mortgagee or other person interested shall apply to the Chief of Police for the return of the property before a sale has taken place, and shall submit to the Chief of Police satisfactory evidence of his interest and shall pay the costs in the seizing and holding of the personal property, the Chief of Police, being satisfied with the claim, shall surrender the same to the claimant. (Ord. 717, § 3. Code 1983 § 45.130.)
3.10.040 Procedure of sale, generally.
(1) If no claim has been made before the time set for the sale of the personal property, the Chief of Police shall, at the time appointed, within view of the property to be sold, offer the property for sale to the highest bidder for cash. In default of bids from others, the Chief of Police may dispose of the property in his discretion without the necessity of taking further bids.
(2) On the consummation of the sale, the Chief of Police shall make, execute and deliver on behalf of the City a bill of sale signed by himself as Chief of Police, conveying the property in question to the purchaser, and delivering possession of the property to the purchaser.
(3) The sale and conveyance shall be without redemption. The proceeds of the sale shall be first applied upon storage, towing bills, publication fees and other costs of the keeping and sale, and the balance shall go to the general fund of the City. No claim for storage and towing shall exceed the proceeds from the sale of personal property.
(4) The owner or operator of a place in which personal property has been stored by the Police Department shall not release an animal or property without first having obtained a written release from the Police Department. (Ord. 717, § 4. Code 1983 § 45.140.)
3.10.050 Form of bill of sale.
The bill of sale shall be in substantially the following form:
BILL OF SALE
This is to certify that under the provisions of Ordinance No. 717 of the City of Monmouth, and pursuant to due notice of time and place of sale, I did on this date sell at public auction to ______, for the sum of $______ cash, he being the highest and best bidder, and that being the highest and best bid therefor, the following described personal property to-wit:
(brief description of property)
and in consideration of the payment of such sum, receipt whereof is hereby acknowledged, I have this day delivered to said purchaser the foregoing property.
NOTE: The City of Monmouth assumes no responsibility as to condition of the above described property. In case this sale shall for any reason be invalid, the liability of the city is limited to return of the purchase price.
Dated: 20___.
__________________________
Chief of Police
(Ord. 717, § 5. Code 1983 § 45.150.)
3.10.060 Disposition of animals.
In the case of perishable goods and animals, other than dogs, if the owner cannot be ascertained and public sale is impractical because of potential spoilage, insufficient or nonexistent sale value, or similar reasons, the Chief of Police may turn over the goods or animal to a governmental or charitable institution for humane and appropriate distribution. (Ord. 717. Code 1983 § 45.160.)