(A) (1) The Police Chief is authorized to sell personal property, other than animals, money, or legal tender of the United States, except as provided in division (B) below, which has come into his or her possession in any manner if:
(a) The owner of the personal property is unknown or has not claimed the property;
(b) The property has been in the custody of the Police Chief for at least six months; or
(c) The property or any part thereof is no longer needed to be held as evidence or for any other purpose in connection with any litigation.
(2) Any owner, to recover or claim property, must be able to satisfactorily prove ownership to the Police Chief.
(B) Any property found by a person other than a public official which shall be delivered to any police officer for identification and registration, if not claimed or identified within 30 days shall, within ten additional days thereafter, if requested by the finder, be returned to him or her, and a record of such disposal made thereof. However, in all other cases, only property in which the finder relinquishes any future claim to its ownership will be stored in the city police property room.
(C) The Police Chief shall file an application in the district court Of the county requesting the authority of the court to conduct a sale of such personal property or money or legal tender which has a fair market value of more than its face value. The Police Chief shall attach to his or her application a list describing such property or money or legal tender, including any identifying numbers and marks, the date the property or money or legal tender came into his or her possession, and the name of the owner and his or her address, if known. The court shall set the application for hearing not less than ten days nor more than 20 days after filing of the application.
(D) In any instance where the property has an actual or apparent value of more than $25, at least ten days prior to the date of the hearing, notice of the hearing shall be sent by certified mail to each owner at his or her address as listed in the application. If the owner of any property with an actual or apparent value exceeding $500 is unable to be served notice by certified mail, notice shall be provided by one publication in a newspaper of general circulation in the city. The notice shall contain a brief description of the property or money or legal tender of the owner and the place and date of the hearing. The notice shall be posted at the assigned place for the posting of city notices and at two other public places in the city.
(E) If no owner appears and establishes ownership to the property or money or legal tender at the hearing, the court shall enter an order authorizing the Police Chief to sell the personal property or money or legal tender for cash to the highest bidder at an auction sale, after at least five days’ notice of the sale has been published. The Police Chief shall thereafter make a return of the sale and the order of the court confirming the sale shall vest title to the property or money or legal tender in the purchaser. The money received from the sale of the personal property or money or legal tender shall be deposited in the city’s General Fund after first paying court costs and other expenses.
(F) All money or legal tender of the United States, except as provided in division (B) above, which has come into the possession of the Police Chief pursuant to the circumstances provided for in division (A) above, shall be transferred by the Police Chief to the City Clerk for deposit in the General Fund. Prior to any such transfer, the Police Chief 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 General Fund. The application shall describe the money or legal tender, any serial numbers, the date the same came into his or her possession, and the name of the owner and his or her address, if known. Upon filing the application which may be joined with an application as described in division (B) above, a hearing shall be set not less than ten days nor more than 20 days from the filing of the application. Notice of the hearing shall be given as provided for in division (C) above. The notice shall state that upon failure of anyone to appear to prove ownership to the money or legal tender, the court shall order the same to be deposited in the General Fund. The notice may be combined with a notice to sell personal property as provided for in division (B) above. If no one appears to claim and prove ownership to the money or legal tender at the hearing, the court shall order the same to be transferred to the General Fund as provided in this division.
(G) 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, nor to any property for which a specific procedure is otherwise established by law, ordinance, or proper order. By order of the trial court, any such property filed as an exhibit or held by the municipality shall be destroyed or sold or disposed of, pursuant to the conditions prescribed in such order.
(H) Property authorized to be destroyed herein or by state or other law, or which cannot be sold or used by the city, shall be destroyed on order of the Police Chief. The destruction of personal property must be witnessed by at least three members of the Police Department who must sign a certificate of destruction listing all property destroyed, a general description of same, the date, time, place, and manner of such destruction.
(Prior Code, § 33.21)
Statutory reference:
Similar provisions, see 11 O.S. § 34-104