(A) The Chief of Police is authorized hereunder and pursuant to 11 O.S. § 34-104, to dispose of personal property or money or legal tender as provided in this section, which has come into his or her possession in any manner if:
(1) The owner of the personal property or money or legal tender is unknown or has not claimed the property;
(2) The property or money or legal tender has been in the custody of the Chief of Police for at least six months; and
(3) 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.
(B) The Chief of Police shall file an application in the County District Court requesting the authority of the court to conduct a sale of the personal property which has a fair market value of more than its face value. The Chief of Police shall attach to his or her application a list describing the property including any identifying numbers and marks, the date the property came into his or her possession, and the name of the owner and the person in last possession, if different and his or her address, if known. The Court shall set the application for hearing not less than ten days nor more than 20 days after filing of the application pursuant to 11 O.S. § 34-104.
(C) If any instance where the property has an actual or apparent value of more than $25, at least ten days prior to the date of the hearing, notice of the hearing shall be sent by certified mail to each owner at his or her address as listed in the application. If the owner of any property with an actual or apparent value exceeding $500 is unable to be served notice by the certified mail, notice shall be provided by one publication in a newspaper of general circulation in the county where the property is in custody. The notice shall contain a brief description of the property of the owner and the place and date of the hearing. The notice shall be posted at the assigned place for the posting of municipal notices, and at two other public places in the city.
(D) 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 $500 to a not-for-profit corporation as defined in O.S. Title 18 for use by needy families or to sell the personal property for cash to the highest bidder, after at least five 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.
(E) (1) All money or legal tender which has come into the possession of the Chief of Police pursuant to the circumstances provided for in division (A) above shall be transferred by the Chief of Police to the City Clerk for deposit in the municipal general fund. Prior to any transfer, the Chief of Police shall file an application in the County District Court requesting the Court to enter an order authorizing him or her to transfer the 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 or her possession, and the name of the owner and his or her address, if known. Upon filing the application which may be joined with an application as described in division (B) above, a hearing shall be set not less than ten days nor more than 20 days from the filing of the application. Notice of the hearing shall be given as provided for in division (C) above. 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 division (B) above.
(2) 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 section pursuant to 11 O.S. § 34-104.
(F) 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 property filed as an exhibit or held by the municipality shall be destroyed or sold or disposed of, pursuant to the conditions prescribed in such order.
(11 O.S. § 34-104) (`90 Code, § 17-2) (Am. Ord. 2930, passed 11-20-90; Am. Ord. 2980, passed 12-21-93)