A. Complete Record Required:
1. All personal property coming into the possession of any police officer, which has been found, stolen or taken off the person, or out of the possession of any prisoner or person suspected of, or charged with, being a criminal, and which is not known to belong to some person laying claim thereto, shall be delivered into the charge of the chief of police.
2. The chief shall make a permanent, written record of said property, including the date and circumstances of the receipt thereof, the name of the person from whom it was taken (or the place where it was found), the subsequent disposal thereof, the date of sale, name and address of the purchaser, and the amount for which it was sold. (1991 Code § 1-33)
B. Disposition Of Unclaimed Personal Property Or Money Or Legal Tender:
1. The chief of police is authorized to dispose of personal property or money or legal tender, as provided in this section, which has come into the possession of the chief of police in any manner if:
a. The owner of the personal property or money or legal tender is unknown or has not claimed the property;
b. The property or money or legal tender has been in the custody of the chief of police for at least six (6) months; and
c. The property or money or legal tender or any part thereof is no longer needed to be held as evidence or for any other purpose in connection with any litigation.
2. The chief of police shall file an application in the district court requesting the authority of the court to conduct a sale of such personal property which has a fair market value of more than its face value. The chief of police shall attach to the application a list describing such property including any identifying numbers and marks, the date the property came into the possession of the chief of police, and the name of the owner and the person in last possession, if different and the address of such person, if known. The court shall set the application for hearing not less than ten (10) days nor more than twenty (20) days after filing of the application.
3. In any instance where the property has an actual or apparent value of more than twenty five dollars ($25.00), at least ten (10) days prior to the date of the hearing, notice of the hearing shall be sent by certified mail to each owner at the address as listed in the application. If the owner of any property with an actual or apparent value exceeding five hundred dollars ($500.00) is unable to be served notice by certified mail, notice shall be provided by one publication in a newspaper of general circulation in the county. Said notice shall contain a brief description of the property of said 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 (2) other public places in the city.
4. If no owner appears and establishes ownership to the property at the hearing, the court shall enter an order authorizing the chief of police to donate the property having value of less than five hundred dollars ($500.00) to a not for profit corporation as defined in 18 Oklahoma Statutes for use by needy families or to sell the personal property for cash to the highest bidder, after at least five (5) days' notice of the sale has been published. The chief of police shall make a return of the donation or sale and the order of the court confirming the donation or sale shall vest title to the property in the recipient or purchaser. After payment of court costs and other expenses, the remainder of money received from the sale of the personal property shall be deposited in the municipal general fund.
5. All money or legal tender which has come into the possession of the chief of police pursuant to the circumstances provided for in subsection B1 of this section shall be transferred by the chief of police to the city clerk-treasurer for deposit in the municipal general fund. Prior to any such transfer, the chief of police shall file an application in the district court requesting the court to enter an order authorizing the chief of police to transfer the money for deposit in the municipal general fund. The application shall describe the money or legal tender, the date the same came into the possession of the chief of police, and the name of the owner and the address of the owner, if known. Upon filing the application which may be joined with an application as described in subsection B2 of this section, a hearing shall be set not less than ten (10) days nor more than twenty (20) days from the filing of the application. Notice of the hearing shall be given as provided for in subsection B3 of this section. 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 municipal general fund. The notice may be combined with a notice to sell personal property as provided for in subsection B2 of this section. 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 municipal general fund as provided in this subsection.
6. 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. By order of the trial court, any such property filed as an exhibit or held by the city shall be destroyed or sold or disposed of, pursuant to the conditions prescribed in such order.
C. Property Found By Private Person:
1. Personal property found by a person other than a public official or employee may be surrendered to the chief of police for return to the owner or other disposition allowed by this section. Alternately, at the option of the finder, the property may be registered with the chief of police and retained by the finder.
2. If an individual finding lost property wishes to surrender possession of the property to the chief of police, he must sign a statement relinquishing any future claim to the property. Only property for which the finder relinquishes any future claim to ownership may be accepted, stored, or disposed of by the chief of police.
3. If the individual finding lost personal property wishes to retain possession of the property pending identification of the property's owner, the chief of police will register a description of the property and the name and address of the finder.
D. Property Of Deceased Person: The personal property of a deceased person shall be delivered only to the next of kin of such person or to the legally appointed representative of his estate. If the personal property is claimed by the legally appointed representative of the estate of the deceased, a certified copy of the order of the county court appointing such person shall be deemed sufficient authority to support the claim. If the personal property is claimed by the next of kin, the claimant shall furnish an affidavit to the effect that he is the person entitled to possession of said property. The affidavit shall be deemed sufficient authority to support the claim. If personal property of a deceased person remains unclaimed for a period of six (6) months, it shall be disposed of in the appropriate manner provided in this section. (1991 Code § 1-33; amd. 2013 Code)