(a) Deposit; Records; Inventory. Stolen or other property recovered by members of the Police Division shall be deposited and kept in a place designated by the City Manager. Each such article shall be entered in a book kept for that purpose, with the name of the owner, if ascertained, the person from whom taken, the place where found with general circumstances, the date of its receipt and the name of the officer receiving it. An inventory of all money or other property shall be given to the party from whom taken, and, in case it Is not claimed by some person within thirty days after arrest and seizure, it shall be delivered to the person from whom taken, and to no other person, either attorney, agent, factor or clerk, except by special order of the City Manager.
(ORC 737.29)
(b) Failure of Police Officer to Deposit Stolen Property. No officer, patrolman or other member of the Police Division shall neglect or refuse to deposit property taken or found by him in possession of a person arrested. Any conviction for a violation of this section shall vacate the office of the person so convicted.
(ORC 737.30)
(ORC 737.30)
(c) Disposition to Claimant. If, within thirty days, the money or property recovered under subsection (a) hereof is claimed by any other person, it shall be retained by the custodian thereof until after the discharge or conviction of the person from whom it was taken and so long as it is required as evidence in any case in court. If such claimant establishes to the satisfaction of the court that he is the rightful owner, the money or property shall be restored to him; otherwise, it shall be returned to the accused person, personally, and not to any attorney, agent, factor or clerk of such accused person, except upon special order of the City Manager after all liens and claims in favor of the City have first been discharged and satisfied.
(ORC 737.31; Adopting Ordinance)
(ORC 737.31; Adopting Ordinance)
(d) Sale of Unclaimed Property; Disposition of Proceeds.
(1) Except as otherwise provided in this section and unless the property involved is required to be disposed of pursuant to another section of the Ohio Revised Code, property that is unclaimed for 90 days or more shall be sold by the Chief of Police or licensed auctioneer at public auction, after notice of the sale has been provided by publication once a week for three successive weeks in a newspaper of general circulation in the county. The proceeds of the sale shall be paid to the Director of Finance and shall be credited to the general fund of the municipality.
(2) If authorized to do so by an ordinance adopted by the Legislative Authority of the municipality and if the property involved is not required to be disposed of pursuant to another section of the Ohio Revised Code, the Chief of Police may contribute property that is unclaimed for 90 days or more to one or more public agencies, to one or more nonprofit organizations no part of the net income of which inures to the benefit of any private shareholder or individual and no substantial part of the activities of which consists of carrying on propaganda or otherwise attempting to influence legislation, or ton one or more organizations satisfying IRC 501(c)(3) or (c)(19).
(ORC 737.32)
(e) Expenses of Storage and Sale; Notice. Upon the sale of any unclaimed or impounded property, as provided in subsection (d) hereof, if any such unclaimed or impounded property was ordered removed to a place of storage or stored, or both, by or under the direction of the Chief of Police, any expenses or charges for such removal or storage, or both, and costs of sale, provided the same are approved by the Chief, shall first be paid from the proceeds of such sale. Notice shall be given by registered mail, thirty days before the date of such sale, to the owner and the mortgagee or other lienholder at their last known address.
(ORC 737.33; Ord. 24-74. Passed 3-25-74.)
(ORC 737.33; Ord. 24-74. Passed 3-25-74.)