(A) For the purposes of this subchapter,
HOLD ORDER means a written legal instrument issued to a pawnbroker by a city police officer, ordering the pawnbroker to retain physical possession of pledged goods in the possession of the pawnbroker or property purchased by and in the possession of the pawnbroker and not to return, sell or otherwise dispose of such property as such property is believed to be misappropriated goods.
(B) Upon written notice from a city police officer indicating that property in the possession of a pawnbroker and subject to a hold order is needed for the purpose of furthering a criminal investigation and prosecution, the pawnbroker shall release the property subject to the hold order to the custody of the city police officer for such purpose and the officer shall provide a written acknowledgment that the property has been released to the officer. The release of the property to the custody of the city police officer shall not be considered a waiver or release of the pawnbroker’s property rights or interest in the property.
(C) Upon completion of the criminal investigation, the property shall be returned to the pawnbroker who consented to its release; except that, if the city police officer has not completed the criminal investigation within 120 days after its release, the officer shall immediately return the property to the pawnbroker or obtain and furnish to the pawnbroker a warrant for the continued custody of the property. The pawnbroker shall not release or dispose of the property, except pursuant to a court order or the expiration of the holding period of the hold order, including all extensions.
(D) (1) In cases where criminal charges have been filed and the property may be needed as evidence, the prosecuting attorney shall notify the pawnbroker in writing. The notice shall contain the case number, the style of the case and a description of the property.
(2) The pawnbroker shall hold such property until receiving notice of the disposition of the case from the prosecuting attorney. The prosecuting attorney shall notify the pawnbroker and claimant in writing within 15 days after the disposition of the case.
(1960 Code, § 7-2-2) (Ord. 5385, passed 3-8-1995; Ord. 7752, passed 3-3-2014)