(a) Any property, other than contraband that is subject to the provisions of RC 2933.43 and other than property that has been lawfully seized in relation to a violation of RC 2933.42 or forfeited pursuant to federal law and required to be used for law enforcement purposes, that has been lost, abandoned, stolen or lawfully seized or forfeited, and that is in the custody of the Division of Police, shall be safely kept pending the time it is no longer needed as evidence, and disposed of pursuant to this section.
(b) The Division 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. In the absence of evidence identifying persons entitled to custody, it is sufficient notice to advertise in a newspaper of general circulation in the County, briefly describing the nature of the property in custody and inviting persons to view and establish their right to view and establish their right to it.
(c) A person loses any right he or she may have to possession of property if either of the following apply:
(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 a court determines that the property should be forfeited because, 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 and forfeited property in the custody of the Division, other than contraband that is subject to the provisions of RC 2933.43 and other property that has been lawfully seized in relation to a violation of RC 2923.32, shall be disposed of as follows:
(1) Drugs shall be destroyed, or placed in custody of the Secretary of the Treasury of the United States, for disposal or use for medical or scientific purposes under applicable Federal law;
(2) Firearms and dangerous ordinances so seized and remaining unclaimed shall be destroyed after ninety (90) days from date of notice given pursuant to division (b) of this section. Proper records shall be kept listing type, serial number and date of destruction. Records shall be open to public inspection;
(3) Obscene materials shall be destroyed;
(4) Other unclaimed or forfeited property shall be sold at public auction, subject to the provisions of division (a) of this section, held no less than thirty (30) days from the date of the newspaper notice provided for in division (b) of this section, except that forfeited property, excluding money but including motor vehicles, notwithstanding division (f) of this section, may be retained by the Division of Police, if the Chief of Police determines that it is suitable for use in the work of the Division of Police.
(e) The proceeds from property disposed of pursuant to this section shall be placed in the General Fund of the City.
(f) This section does not apply to the collection, storage or disposal of abandoned junk motor vehicles.
(Ord. No. 970-88. Passed 6-6-88, eff. 6-9-88)