501.13 DISPOSITION OF PROPERTY.

   (a)   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. 2933.42, that has been lost, abandoned, stolen, seized pursuant to a search warrant, or otherwise lawfully seized or forfeited, and that is in the custody of the Police Department, shall be kept safely pending the time it no longer is needed as evidence, and shall be disposed of pursuant to this section. The Police Department shall maintain an accurate record of any lost, abandoned, stolen, seized or forfeited property in its custody. The record shall include the manner in which it was disposed of, the date of its disposition and the name of the person who received the property if it was not destroyed. The record of any property that is no longer needed as evidence shall be open to public inspection during the Department's regular business hours.

   (b)   When the Police Department has property in its possession that is required to be disposed of pursuant to this section, it shall make a reasonable effort to locate the persons entitled to possession of the property in its custody, to notify them of when and where it may be claimed and to return the property to them at the earliest possible time. In the absence of evidence idenitfying 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 it. Property except that listed under subsection (c)(1) and (2) and subsection (d)(1), (2), (3) and (4) herein, which is turned in to the Police Department shall be returned to the person finding the property after sixty days have passed from the date it was turned in to the Police Department.

   (c)   A person loses any right he may have to the possession of property if either of the following apply:

(1)   The property was the subject, or was used in a conspiracy or attempt to commit, or in the commission, of an offense other than a traffic offense, and such person is a conspirator, accomplice or offender with respect to the offense;

(2)   When a court determines that the property should be forfeited because, in light of the nature of the property or the circumstances of such person, it is unlawful for the person to acquire or possess the property.

   (d)   Unclaimed or forfeited property in the custody of the Police Department 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. 2933.42, shall be disposed of as follows:

(1)   Drugs shall be disposed of pursuant to Ohio R.C. 3719.11.

(2)   Firearms and dangerous ordnance suitable for police work may be given to a law enforcement agency for that purpose. Firearms suitable for sporting use, or as museum pieces or collectors' items, and other firearms that are in safe operating condition but will not be used by the Police Department may be sold or traded for weapons or other equipment suitable for police work to a dealer having a license to sell firearms pursuant to the Gun Control Act of 1968, 82 Stat. 1213, 18 U.S.C. 923 and any amendments or additions thereto or any reenactments thereof.

(3)   All firearms of the type commonly known as "Saturday Night Specials" and all other dangerous ordnance shall be destroyed.

(4)   Obscene materials shall be destroyed.

(5)   Beer, intoxicating liquor or alcohol seized from a person who is not the holder of a permit issued under Ohio R.C. Chapters 4301 and 4303, or is an offender, and forfeited to the State under Ohio R.C. 4301.45 and 4301.53 shall be sold by the Department of Liquor Control, if the Department determines that the beer, intoxicating liquor or alcohol is fit for sale. If any tax imposed under Ohio R.C. Title XLIII has not been paid in relation to the beer, intoxicating liquor or alcohol, the proceeds of the sale shall first be used to pay the tax. All other moneys collected under subsection (d)(5) hereof shall be paid into the State Treasury. Any such beer, intoxicating liquor or alcohol that the Department determines to be unfit for sale shall be destroyed.

(6)   Vehicle and vehicle parts forfeited under Ohio R.C. 4549.61 to 4549.63 may be given to a law enforcement agency for use in the performance of its duties. Such parts may be incorporated into any other official vehicle. Parts that do not bear vehicle identification numbers or derivatives thereof may be sold or disposed of as provided by rules of the Director of Highway Safety. Parts from which a vehicle identification number or derivative thereof has been removed, defaced, covered, altered or destroyed and that are not suitable for police work or incorporation into an official vehicle shall be destroyed and sold as junk or scrap.

(7)    A.   Computers, computer networks, computer systems and computer software suitable for police work may be given to a law enforcement agency for that purpose, other computers, computer networks, computer systems and computer software shall be disposed of pursuant to subsection (d)(8) hereof.

B.   As used in this section "computers", "computer networks", "computer systems", and "computer software" have the same meaning as in Ohio R.C. 2913.01.

(8)   Other unclaimed or forfeited property may be used by the law enforcement agency that has possession of it. If the other unclaimed or forfeited property is not used by the law enforcement agency, it may be sold at public auction, or disposed of in another manner that the Chief of Police determines is proper in the circumstances.

(9)   Contraband that is subject to the provisions of Ohio R.C. 2933.43 and Property that has been lawfully seized in relation to a violation of Ohio R.C. 2933.42, and property that has been lawfully seized as evidence in relation to any violation wherein an arrest was made, shall be disposed of on application to and order of any court of record that has territorial jurisdiction over the Municipality.

(e)    (1)   Except as provided in subsections (d)(5), (e)(2) and (f) hereof, the proceeds from property disposed of pursuant to this section shall be placed in the General Fund of the Municipality.

(2)   Upon receipt of a notice of the recognition of a citizens' reward program by the County, each law enforcement agency shall pay twenty-five percent (25%) of the proceeds from each sale of property disposed of pursuant to this section to the citizens' reward program for use exclusively for the payment of rewards.

   (f)   This section does not apply to the collection, storage or disposal of abandoned junk motor vehicles.
(Ord. 121-90. Passed 7-23-90.)