A. Hold Status: Upon verbal notification from the Chief of Police or designee that the pawnshop or pawnbroker has received allegedly stolen or lost property, the pawnbroker shall not sell or permit to be redeemed the property in question for a period of ten (10) working days, pending written notification of the property status. If written notification of the same is received within the ten (10) day period, or if written notification is received in lieu of a verbal notification, the property shall be held separate from other property, safe from alteration or damage, and with a clearly identifiable marking as to the hold status. It shall remain in this condition, without being sold or redeemed, for a period of forty five (45) days from the date of written notification. The pawnbroker shall notify the police of the impending release date no later than ten (10) days prior to the expiration of the hold period to gain approval to release the hold. At such time, the police may renew this hold for an additional forty five (45) day period by responding in writing with such request. The police may cancel this hold at any time by issuing written notification to the pawnbroker. The pawnbroker shall not sell or allow to be redeemed any property held in this fashion without notification by the police that the property may be released.
B. Notification To Police: It is the responsibility of every pawnbroker to notify police whenever they have reason to believe they or the pawnshop are in receipt of property that may have been lost or stolen. This notification shall include the documents on file pertaining to the transaction which resulted in the receipt of said property. The property shall not be sold or allowed to be redeemed until the police have notified the pawnshop that the property may be released.
C. Release Of Hold: The police shall provide written notification to pawnshops when property can be released which is being held pursuant to these provisions. This notification shall be made as soon as practical after a finding that the held property is not stolen or lost, or other circumstances exist that lead police to allow the release.
D. Transfer Custody To Police: Any property determined to be stolen or lost shall be transferred to the custody of the Police Department upon request. The police shall retain custody of the property pending a court determination of the rightful owner. This may include a criminal conviction for the theft of the property in which the rightful owner has taken part in the prosecution of the crime.
E. Owner Not Responsible For Costs: The rightful owner of stolen or lost property shall not be liable to the pawnshop for any amounts expended with respect to the stolen or lost property.
F. Pawnbroker Not Responsible For Return To Owner: A pawnbroker shall not be responsible for returning stolen or lost property directly to a rightful owner. (1952 Code § 5-16-05)