The Village of Bellwood Police Department may dispose of all personal property of which possession is transferred to the Police Department under circumstances supporting a reasonable belief that such property was abandoned, lost or stolen or otherwise illegally possessed, except property seized during a search, and retained and ultimately returned, destroyed or otherwise disposed of pursuant to anorder of a court. Property that the Chief of Police reasonably believes was abandoned, lost or stolen or otherwise illegally possessed, may be disposed of pursuant to the following:
(A) Such property believed to be abandoned, lost or stolen or otherwise illegally possessed shall be retained in custody by the Chief of Police or his or her designee, which shall make reasonable inquiry and efforts to identify and notify the owner or other person entitled to possession thereof, and shall return the property after such person provides reasonable and satisfactory proof or his or her ownership or right to possession and reimburses the agency for all reasonable expenses of such custody.
(B) Weapons that have been confiscated as a result of having been abandoned or illegally possessed may be transferred to the Department of State Police for use by the crime laboratory system, for training purposes, or for any other application as deemed appropriate by the Department, if no legitimate claim is made for the confiscated weapon within six months of the date of confiscation, or within six months of final court disposition if such confiscated weapon was used for evidentiary purposes.
(C) If the identity or location of the owner or other person entitled to possession of the property has not been ascertained within six months after the Police Department obtains such possession, the Chief of Police shall effectuate the sale of the property for cash to the highest bidder at a public auction, notice of which (including time, place and a brief description of such property) shall be published at least once in a newspaper of general circulation in the county wherein such official has authority at least ten days prior to such auction. However, if the Chief of Police determines that the interests of the public would best be served thereby, hr or she may donate property that is worth less than $100, if the donation is approved by the Board of Trustees, to a charitable organization, rather than effectuating the sale of the property by public auction.
(D) Property offered but not sold at such public auction may be offered and sold at a subsequent public auction without such notice.
(E) Proceeds of the sale of the property at public auction shall be deposited in the treasury of the village for the use and benefit of the operation of the Police Department.
(F) The owner or other person entitled to possession of such property may claim and recover possession of that property at any time before its sale at public auction, upon providing reasonable and satisfactory proof of ownership or right to possession and reimbursing the law enforcement agency for all reasonable expenses of custody thereof.
(G) No person shall be responsible for subsequent damages to another occasioned by an act or omission in compliance with this section.
(Ord. 14-20, passed 6-18-14)