(A) Pursuant to the provisions of 11 O.S. § 34-104 the Chief of Police is authorized to dispose of personal property or money or legal tender, which has come into his or her possession in any manner, except as otherwise provided in this section, if:
(1) The owner of the personal property or money or legal tender is unknown or has not claimed the property;
(2) The property or money or legal tender has been in the custody of the Chief of Police for at least 90 days; and
(3) The property or money or legal tender or any part thereof is no longer needed to be held as evidence or for any other purpose in connection with any litigation.
(B) The Chief of Police shall file an application in the Rogers County District Court requesting the authority of the court to conduct a sale of such property which has a fair market value of more than its face value. The provisions of 11 O.S. § 34-104 shall apply to the procedures for the sale.
(C) All money or legal tender which has come into the possession of the Chief of Police pursuant to the circumstances provided for in division (A) of this section shall be transferred by the Chief of Police to the Municipal Clerk for deposit in the municipal general fund. Prior to any such transfer, the Chief of Police shall file an application in the district court requesting the court to enter an order authorizing him or her to transfer the money for deposit in the municipal general fund, in accordance with the procedures set forth in 11 O.S. § 34-104.
(D) The provisions of this section shall not apply to any dangerous or deadly weapons, narcotic or poisonous drugs, explosives, or any property of any kind or character, which the possession of is prohibited by law. Such property shall be disposed of by court order as provided by 11 O.S. § 34-104(F).
(`83 Code, § 13-502) (Ord. 97-36, passed 12-1-97; Ord. 2022-19, passed 8-15-22)