159.04 PROCEDURE FOR DISPOSITION OF LOST, ABANDONED, STOLEN, SEIZED OR FORFEITED PROPERTY IN THE CUSTODY OF THE POLICE DEPARTMENT.
(a) Any property, other than contraband that is subject to the provisions of Ohio R.C. 2933.43, other than property that is subject to Ohio R.C. 3719.141, other than property that is forfeited under Ohio R.C. 2925.41 to 2925.45, other than a vehicle that is criminally forfeited under an order issued under Ohio R.C. 4503.233 or 4503.234 and that is to be disposed of under Ohio R.C. 4503.234, other than property that has been lawfully seized in relation to a violation of Ohio R.C. 2923.32, and other than any other excepted property under Ohio R.C. 2933.41 as hereafter amended, that has been lost, abandoned, stolen, seized pursuant to a search warrant, or otherwise lawfully seized or forfeited, and that is in the custody of the Police Department of the City of Bedford Heights, shall be kept pending the time it no longer is needed as evidence, and shall be disposed of pursuant to this section. The Police Department shall adopt a written control policy that addresses the keeping of detailed records and reports required under Ohio R.C. 2933.41.
(b) The Police Department shall make a reasonable effort to locate the persons entitled to possession of the property in its custody that is required to be disposed of pursuant to this section, to notify them of when and where it may be claimed, and to return the property to them at the earliest possible time. In the absence of evidence identifying persons entitled to possession, it shall be adequate notice to advertise in a newspaper of general circulation in the County that a list of such property that is in the custody of the Police Department is posted at City Hall and inviting persons to view and establish their right to said property.
(c) A person loses any right he may have to the possession, or the possession and ownership, of property for any of the reasons stated in Ohio R.C. 2933.41 or elsewhere in the Ohio Revised Code.
(d) Drugs; firearms or dangerous ordnance; obscene materials; beer, intoxicating liquor or alcohol; moneys received by an inmate of a correctional institution from an unauthorized source or in an unauthorized manner; vehicles and vehicle parts forfeited under Ohio R.C. 4549.61 to 4549.63; and computers, computer networks, computer systems and computer software in the custody of the Police Department shall be disposed of in accordance with Ohio R.C. 2933.41(D)(1) - (7).
(e) Other unclaimed or forfeited property may be used by the Police Department that has possession of it with the approval of any court of record that has territorial jurisdiction over the City of Bedford Heights. Notwithstanding Paragraph (D)(8) of Ohio R.C. 2933.41, if the other unclaimed or forfeited property is not used by the law enforcement agency, it may, at the discretion of the Director of Public Safety, be donated to charity or sold, without appraisal or court order, at a public auction to the highest bidder for cash. All unclaimed or forfeited moneys and the proceeds from the disposal of property pursuant to this section or Paragraphs (C)(1) - (7) of Ohio R.C. 2933.41 shall be placed in the general fund of the City.
(f) This section does not apply to the collection, storage or disposal of abandoned junk motor vehicles.
(Ord. 2004-181. Passed 12-7-04.)