(a) Any property that has been lawfully seized in relation to a violation 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 Police Department shall be safely kept pending the time it is no longer needed as evidence and disposed of pursuant to this section.
(b) The Police Department shall make a reasonable effort to locate the person entitled to possession of property in its custody, and to notify the claimant when and where it may be recovered. 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 possession of the property.
(c) A person loses any right he or she may have to possession of property if either of the following apply:
(1) The property was the subject of or was used in a conspiracy or an 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; or
(2) A court of law has determined that the property should be forfeited because, in light of the nature of the property and of the circumstances, it is unlawful for him or her to acquire or possess the property.
(d) Unclaimed and forfeited property in the custody of the Police Department other than property that has been lawfully seized in relation to a violation of Ohio R.C. 2933.32 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 ordnances so seized and remaining unclaimed shall be destroyed after 90 days from date of notice given pursuant to division (b) above. Property records shall be kept listing type, serial number and date of destruction. These 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) above and to be held no less than 30 days from the date of the newspaper notice provided for in division (b) above, except that forfeited property, excluding money but including motor vehicles notwithstanding division (f) below, may be retained by the Police Department, if the Chief of Police determines that it is suitable for use in the work of the city’s Police Department.
(e) The proceeds from property disposed pursuant to this section shall be placed in the Law Enforcement Trust Fund.
(f) This section does not apply to the collection, storage or disposal of abandoned junk motor vehicles. Refer to Chapter 307 in the Traffic Code.
(Ord. 62-92, passed 6-16-1992)