(a) In accordance with Ohio R.C. 2933.43, there is hereby established a Law Enforcement Trust Fund. All money and the proceeds of the sale of other property, forfeited to the City pursuant to Ohio R.C. 2933.43 or pursuant to federal law and required by law to be disposed of in another manner, shall be credited to the Law Enforcement Trust Fund.
(b) The Director of Public Safety is hereby authorized to accept all contraband or other property seized as part of a criminal investigation or prosecution and forfeited to the City pursuant to Ohio R.C. 2933.43 or pursuant to federal law and required to be used for law enforcement purposes, provided that any acceptance of real estate by the Director shall be approved by ordinance of this Council.
Property forfeited to the City and accepted by the Director pursuant to the above paragraph may be destroyed, or retained by the City to be used solely in the Division of Police for law enforcement purposes, as determined by the Director. Property forfeited to the City may be sold, following notice, and without appraisal, at a public auction to the highest bidder for cash, upon the recommendation of the Director.
(c) If property forfeited to the City is sold pursuant to subsection (b) hereof, the proceeds of the sale shall be disposed of in the following order:
(1) To the payment of the costs incurred in the forfeiture proceedings pursuant to Ohio R.C. 2933.43.
(2) To the payment of the balance due on any security interest preserved pursuant to state law.
(3) To the payment of any costs incurred by the Division of Police in connection with the storage, maintenance, security and forfeiture of the property.
(4) To the Law Enforcement Trust Fund.
(Ord. 1990-131. Passed 6-26-90.)
(d) The proceeds of the Law Enforcement Trust Fund shall be used only as outlined in the Control Policy. Such purposes include but are not limited to the costs of prosecuting drug offenses, the costs of protracted or complex cases that involve the payment of overtime, to provide for training of law enforcement personnel, to pay for a pro-rated share (twenty percent (20%)) of new accounting, to provide for federal matching funds for federal grants such as VOCA, and to provide for the purchase of equipment for the City’s Safety Forces, to use ten percent (10%) of the first one hundred thousand dollars ($100,000) for drug education programs such as PAL or for such other purposes that Council determines to be appropriate.
(Ord. 2006-118. Passed 11-14-06.)
(e) Any property, other than contraband that is subject to the provisions of Ohio R.C. 2933.43 and other than property that has been lawfully seized in relation to a violation of Ohio R.C. 2933.43 or forfeited pursuant to federal law and required to be used for law enforcement purposes, including money, which apparently has been lost or abandoned may be placed in the custody of the Police Division by any person finding or recovering the same. A member of the Division receiving such property shall enter in a book kept for that purpose a description of the property, the date received, the name and address of the person from whom received and the member of the Division receiving the property and shall furnish to such person a receipt containing the same information. Property so designated by the Chief of Police for that purpose and if not claimed by the rightful owner or other person entitled to possession thereof within that time shall be returned to the person from who it was received, an entry to that effect shall be made in the book above described and a receipt for the property shall be obtained from the person to whom it is delivered.
The Division may decline to accept custody of any property for which no suitable storage facilities are available, but may instead enter in a book kept for that purpose a description of the property and the location where the rightful owner or other person entitled thereto may claim possession of the property.
(Ord. 1990-131. Passed 6-26-90.)