(A) Property that has been lost, abandoned, stolen or lawfully seized or forfeited and that is in the custody of the Police Department, shall be safely kept pending the time it is no longer needed as evidence or may otherwise be disposed of, and shall be disposed of pursuant to this section.
(B) The Police Department that has any lost, abandoned, stolen, seized, or forfeited property as described in division (A) of this section shall adopt a written internal control policy with respect to such property, and shall maintain an accurate record, in accordance with its written internal control policy, of each item of the property.
(C) The Police Department shall make a reasonable effort to locate persons entitled to possession of property in its custody, and to notify them when and where it may be claimed. In the absence of evidence identifying persons entitled to custody, it is sufficient notice to advertise in a newspaper of general circulation, briefly describing the nature of the property in custody, and inviting persons to view and establish their rights to it.
(D) A person loses any right he may have to the possession, or the possession and ownership, of property if determined by Mayor's Court or a court of record that either of the following applies:
(1) The property was the subject, or was used in a conspiracy or attempt to commit, or in the commission, of an offense other than a traffic offense, and such person is a conspirator, accomplice, or offender with respect to the offense; or
(2) When, in light of the nature of the property or the circumstances of such person, it is unlawful for the person to acquire or possess the property.
(E) Unclaimed and forfeited property in the custody of the Police Department shall be disposed of as follows:
(1) Drugs shall be destroyed, converted for educational and/or enforcement utilization by the Police Department, or shall be placed in the custody of the Secretary of the Treasury of the United States for disposal or use for medical or scientific purposes under applicable federal law.
(2) Firearms and dangerous ordnance suitable for police work may be used for that purpose. Firearms suitable for sporting use, or as museum pieces or collectors' items, may be sold at public auction pursuant to subdivision (5). Other firearms and dangerous ordnance shall be destroyed.
(3) Obscene materials shall be destroyed.
(4) Beer, intoxicating liquor or alcohol seized from a person who is not the holder of a permit issued under R.C. Chapters 4301 and 4303 or is an offender, and forfeited to the state under R.C. §§ 4301.45 or 4301.53 shall be sold by the Department of Liquor Control, if the Department determines that the beer, intoxicating liquor or alcohol is fit for sale. If any tax imposed under Title XLIII of the Ohio Rev. Code has not been paid in relation to the beer, intoxicating liquor or alcohol, the proceeds of the sale shall first be used to pay the tax. All money collected under this subdivision shall be paid into the State Treasury. Any such beer, intoxicating liquor or alcohol that the Department determines to be unfit for sale shall be destroyed.
(5) Other unclaimed or forfeited property may be used by the Police Department, sold at public auction, or disposed of as the Chief of Police or his or her designee considers proper under the circumstances.
(F) The proceeds from property disposed of pursuant to this section shall be placed in the general fund of the village except that if the Hamilton County Commissioners recognize a citizens' reward program as provided in R.C. § 9.92, and notify the Police Department by filing with it a copy of their resolution conferring such recognition, the village shall pay 25% of the proceeds from each sale of property disposed of pursuant to this section to the designated citizens' reward program for use exclusively for the payment of rewards.
(G) This section does not apply to the collection, storage or disposal of abandoned junk motor vehicles.
(Ord. C-462, passed 7-10-78; Am. Ord. C-734, passed 5-11-92)
Cross-reference:
Mayor's court, see Ch. 32