The police department
is required to establish regulations detailing the collection, storage, and
inventory of property which may come under its control by any manner.
(Code 2025)
Any property which has
been acquired or turned over to the police department and has been classified
in accordance with procedures existing in the police department as unclaimed or
for which the proper owner cannot be ascertained shall be kept for a minimum of
90 days. After a period of 90 days, such property, except as provided in
section 10-203, shall be sold at public auction to the highest bidder and the
proceeds after expenses shall be paid to the city general fund.
(Code 2025)
The following classes
of property shall be considered exceptions to section 10-202 and shall be dealt
with in the following manner:
(a) Cash money shall be turned over to the city
general fund unless it shall be determined to have collector’s value, in which
case it shall be auctioned according to the provisions in section 10-202,
(b) Firearms which are available for disposition
may be dealt with in the following manner:
(1) If compatible with law enforcement usage,
they may be turned over to the police department inventory.
(2) They may be sold to a firearms dealer who
maintains the appropriate federal firearms license.
(3) They may be destroyed.
(4) In no case shall firearms be sold at public
auction.
(c) Other weapons such as knives, etc., which are
deemed to have a legitimate value may be sold at auction, however, homemade
weapons or weapons of a contraband nature shall be destroyed.
(d) Any items determined to be contraband such as
explosives, narcotics, etc., shall be destroyed.
(e) Items of a pharmaceutical nature, which,
while not contraband when properly dispensed, or which are of an
over-the-counter-variety, shall be destroyed.
(f) Foodstuffs, if sealed and undamaged may be
turned over to any appropriate social service agency or destroyed, but shall
not be auctioned.
(g) Alcohol products such as beer, wine, whiskey,
etc., shall be destroyed.
(h) Items with a value in excess of $500 may be
sold after advertising said item in a general circulation newspaper on at least
two occasions. Such sales shall be by closed bid.
(Code 2025)
The police department
shall be required to make reasonable attempts to locate the owner of any
property in storage. However, the responsibility for claiming and identifying
any such property shall rest solely with the owner.
(Code 2025)
Claimants to any
property in police storage shall be required to present reasonable proof of
ownership and no property shall be released unless such reasonable proof is
presented.
(Code 2025)
At such time as it has
been determined that an auction is necessary to dispose of unclaimed property,
an inventory listing all property to be disposed of shall be prepared and kept
on file in the police department. Notice of an auction shall be published at
least twice in a general circulation newspaper prior to the date of the
auction. The notice shall specify the date, time and place of the auction and
shall also notify prospective buyers or potential claimants that a list of
items to be auctioned is available at the police department and any claims on
property must be made prior to the start of the auction.
(Code 2025)