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All property, weapons and contraband coming into possession of the Police Department are in the custody of the Chief of Police, who shall keep a record of all the items, including date and place of finding or recovery, and a description of the property. (Ord. 90-54; Ord. 01-42)
A. As soon as practicable, after the Police Department obtains custody of any and all property or weapons, with the exception of contraband or items in evidence, a reasonable effort will be made to determine and notify the owner. A notice shall be mailed to the last known address of the owners, if they can be determined. The notice shall state the circumstances surrounding the Police Department's custody of the property or weapons, instructions as to how and when release may be obtained, a summary of any costs incurred by the Police Department, and the identification of the owners. The notice shall further advise the owner that the items will be held a minimum of sixty (60) days from the date of the notice. The notice shall describe the manner in which the property or weapons will be disposed of if not claimed within the time limits set forth in this part. Owners of items in evidence will be notified in the manner set forth above as soon as practicable after the Police Department receives authority from the court or proper agency to release the item in evidence.
C. The cost of mailing, publication, or shipping must normally be paid to the Police Department before the release of any property or weapons. Payment of costs may be waived by the Chief of Police upon showing of good cause by the person seeking release. (Ord. 90-54; Ord. 01-42)
Property which is found and turned over to the Police Department may be claimed by the finder after the expiration of the time limits provided for in this part if the owner cannot be located, or if the owner is located and, after a notice has been mailed to them, has not claimed the property within the time provided. (Ord. 90-54; Ord. 01-42)
A. Any dangerous or deadly weapon, as defined by section 9.7.101 of this chapter, used or possessed in violation of sections 9.7.102 through 9.7.106 or section 9.9.409 of this chapter, and Colorado Revised Statutes sections 18-12-101 through 18-12-111, or any other State or similar Federal statute, is declared to be contraband and shall be forfeited to the City upon a conviction, in a court of competent jurisdiction, resulting from use or possession. Any court may, in the exercise of its discretion, upon written motion of the defendant or other parties in interest, and after a hearing, direct that the weapon(s) not be forfeited but, rather, be returned to the owners, if use or possession of weapon(s) is not per se unlawful.
B. Any monies used, possessed or confiscated pursuant to a violation of section 9.4.102 of this chapter, or any State or similar Federal statute shall be forfeited to the City upon a conviction in a court of competent jurisdiction, resulting from the use or possession of the monies. Any court may, in the exercise of its discretion, upon written motion of the defendant, or other parties in interest, and after a hearing thereon, direct that the monies not be forfeited but, rather, returned to the owner(s).
C. Any "sound amplification system", as defined by subsection 9.8.102B of this chapter, used pursuant to a violation of subsection 9.8.102A of this chapter shall be forfeited to the City upon a conviction in a court of competent jurisdiction for a third or subsequent violation of subsection 9.8.102A of this chapter. Any court may, in the exercise of its discretion, upon written motion of the defendant, or other parties in interest, and after a hearing, direct that the sound amplification system not be forfeited but, rather, be returned to the owner. (Ord. 91-131; Ord. 96-42; Ord. 98-247; Ord. 01-42)
A. If property is not claimed within the time limits as set forth in this part, the Chief of Police shall determine whether the property will be disposed of by sale or public auction, destroyed, put to City use, given to an appropriate charitable organization or person. If the property is put to City use, it shall be entered into the City's inventory. The Chief of Police shall pay into the City's general fund the proceeds of any sale made after deducting the City's costs, including, but not limited to, those for storage, advertisement and sale.
B. Any weapons forfeited pursuant to section 9.1.205 of this part, found, or held as evidence and released by the proper agency or court, will be disposed of in accord with the provisions of this part. If weapons are not claimed within the time limits as prescribed in this part, weapons will be disposed of. If no claim for the weapons is made, the Chief of Police may determine that the weapons shall be destroyed or put to City use. If the weapons are put to City use, they shall be entered into the City's inventory. Under no circumstances will any weapons be sold without the approval of the Chief of Police. The Chief of Police shall pay into the City's general fund the proceeds of any sale made after deducting the City's costs, including, but not limited to, those for storage, advertisement and sale.
C. All "contraband", as defined in this part, shall be destroyed, or with the approval of the Chief of Police, put to City use. The Chief of Police shall keep a permanent record of all contraband put to City use and its final disposition. (Ord. 90-54; Ord. 01-42; Ord. 05-10)
Any property seized or taken possession of by the Police Department that is of a perishable or hazardous nature will not be retained for the time limit specified for other items in this part. All property seized or taken possession of by the Police Department that is perishable and impracticable for sale may be disposed of immediately. Any property seized or taken possession of by the Police Department that is hazardous or inherently dangerous to the health, safety or welfare of people, may be disposed of immediately. (Ord. 90-54; Ord. 01-42; Ord. 05-10; Ord. 14-71)
Property or weapons may only be released when:
A. The claimant provides one of the following current and valid identifications:
1. A Colorado driver's license;
2. An identification card issued in accord with Colorado Revised Statutes section 42-2-302, by the State of Colorado;
3. A driver's license or identification card, containing a picture, issued by another state;
4. A military identification card;
5. A passport;
6. An alien registration card; or
7. A nonpicture identification document issued by a State or Federal governmental entity.
In the absence of one of the above listed types of identification, identity may be established through witnesses, notarized statements or other means which would convince a reasonable person that the claimant is the person, at the discretion of the Chief of Police or a person designated by the Chief of Police.
B. The claimant must also be able to:
1. Identify the property or weapons by presenting a receipt of purchase, copy of a registration, or by presenting other documentation or describing a set of circumstances that would convince a reasonable person that the claimant is the owner of the property to the exclusion of all others; or
2. If the claimant is a finder and the owner has not made a claim, as required in this part, the property may be claimed by the finder.
C. The cost of mailing, publication, or shipping must normally be paid to the Police Department before the release of any property or weapons. Payment of costs may be waived by the Chief of Police upon showing of good cause by the person seeking release. (Ord. 90-54; Ord. 01-42)