(a) Whenever a law enforcement official from any agency notifies a dealer not to sell an item, the item must not be sold or removed from the premises. If the hold was conveyed verbally, the hold shall be confirmed by the investigating agency within seventy-two (72) hours either in writing or by electronic transmission. The order to hold an item shall expire sixty (60) days from the date it is placed unless the holding agency seizes the item as evidence or determines the hold is still necessary and notifies the business in writing or by electronic transmission to continue the hold for an additional sixty (60) days.
(b) If an item is identified as stolen, or as evidence in a criminal case, by any law enforcement agency, the investigating agency may, but is not limited to:
(1) Seize the item and retain it as evidence; or
(2) Place the item on hold and extend the hold as provided in this section; and/or,
(3) Photograph, videotape or otherwise electronically capture the item; and/or,
(4) Order the item released to the proper owner, after the owner has paid the cost of the item paid by the business.
(c) All holds on any item shall expire one hundred-twenty (120) days from the date the hold was issued, and the business holding the property may dispose of it as if a hold had never been placed unless the item is necessary, for evidentiary purposes, for an investigation which has resulted in criminal charges being brought. In that case, the investigating agency may continue the hold past 120 days and until the case is resolved. The investigating agency must notify the business, in writing, on official departmental letterhead, of the following:
(1) The need for the item to be held further; and,
(2) The agency complaint or case number; and,
(3) The name and telephone number of the investigating officer(s); and,
(4) The name of the court and the court docket number assigned to the case.
(d) It is the sole responsibility of the investigating officer, and/or their agency, to notify the business promptly when the case is resolved and there is no longer a need to hold the item.
(Ord. 3579, passed 6-30-2004)