A. Disposition Of Property In Possession Of Chief Of Police:
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 his possession 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 ninety (90) days; 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 Garfield County district court requesting the authority of said 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 his application a list describing such property including any identifying numbers and marks, the date said property came into his possession, and the name of the owner and the person in last possession, if different, and his address, if known. The court shall set said application for hearing not less than ten (10) days nor more than twenty (20) days after filing of said application.
3. In any instance where said property has an actual or apparent value of more than two hundred fifty dollars ($250.00), at least ten (10) days prior to the date of said hearing, notice of said hearing shall be sent by first class mail to each owner at his address as listed in said 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 first class mail, notice shall be provided by one publication in a newspaper of general circulation in Garfield County. Said notice shall contain a brief description of the property of said owner and the place and date of the hearing. Said notice shall be posted at the assigned place for the posting of municipal notices, and at two (2) other public places in the municipality.
4. If no owner appears and establishes ownership to said property at the hearing, the court shall enter an order authorizing the chief of police to sell said personal property for cash to the highest bidder, after at least five (5) days' notice of said sale has been published. The chief of police shall make a return of said sale and the order of the court confirming said sale shall vest title to said property in the purchaser. After payment of court costs and other expenses, the remainder of money received from the sale of said personal property shall be deposited in the municipal general fund.
5. All monies or legal tender which has come into the possession of the chief of police pursuant to the circumstances provided for in subsection A1 of this section shall be transferred by the chief of police to the municipal clerk 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 him to transfer said money for deposit in the municipal general fund. The application shall describe the money or legal tender, any serial numbers, the date the same came into his possession, and the name of the owner and his address, if known. Upon filing the application which may be joined with an application as described in subsection A2 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 said hearing shall be given as provided for in subsection A3 of this section. The notice shall state that upon failure of anyone to appear to prove ownership to said 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 A2 of this section. If no one appears to claim and prove ownership to said 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, the possession of which 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.
B. Limitation Of Liability: Neither the city, nor any of its officers, agents or employees, shall be liable from any actions taken by any person concerning the receipt, storage or disposition of any personal property. (Ord. 2015-03, 1-6-2015)
Notes
| 1 | 1. State law reference - 11 OS § 34-104. |