(a) Property which has been lost, abandoned, stolen or lawfully seized or forfeited, and which is in the custody of the Police Department shall be safely kept pending the time it is no longer needed as evidence, and disposed of pursuant to this section.
(b) The Department shall make a reasonable effort to locate the persons entitled to possession of property in its custody and to notify them when and where it may be claimed.
(c) A person loses any right he or she may have to possession of property:
(1) Which was the subject, or was used in a conspiracy or attempt to commit, or the commission of, an offense other than a traffic offense, and such person is a conspirator, accomplice or offender with respect to the offense;
(2) When, in light of the nature of the property or the circumstances of such person, it is unlawful for him or her to acquire or possess it.
(d) Unclaimed, forfeited and seized property in the custody of the Department shall be disposed of by the Chief of Police as follows:
(1) Drugs shall be destroyed under provisions of Ohio R.C. 3719.11(A).
(2) Firearms and dangerous ordnance suitable for police work may be retained by the Department for that purpose. Firearms and dangerous ordnance involved in a homicide or suicide shall be destroyed. Other firearms or ordnance can be used in exchange for new firearms or ordnance for the use in the Police Department.
(3) Obscene materials shall be destroyed.
(4) Other property unclaimed or forfeited which has been in the possession of the Department for a period of ninety days may be sold or otherwise disposed of as the Chief considers proper in the circumstance, with the approval of the Safety Director. If property is to be disposed of at public auction, due notice shall be given by advertisement in a newspaper of general circulation in the county for three successive weeks.
(e) The proceeds from property disposed of pursuant to this section shall be placed in the Law Enforcement Fund.
(f) This section does not apply to the collection, storage or disposal of abandoned junk motor vehicles. This section shall not be construed to rescind or restrict the authority of the Department to keep and dispose of lost, abandoned, stolen, seized or forfeited property under any other applicable ordinance.
(Ord. 7132-1988. Passed 4-5-88; Ord. 8923-2002. Passed 9-3-02.)