173.061 DISPOSITION OF PERSONAL PROPERTY CONFISCATED THROUGH LAW ENFORCEMENT ACTIVITIES.

   Except as otherwise prohibited by any provision of the general laws of the State and notwithstanding any other provision of the Codified Ordinances of the City, any personal property which is lost, abandoned, stolen, seized or forfeited as a result of law enforcement activities of the Hamilton Police Division and which is unclaimed for a period of ninety days or more and no longer needed as evidence shall be disposed by:

   (a)   Sale at public auction by the Chief of Police or by a licensed auctioneer after advertisement of such sale in a newspaper of general circulation within the City, said advertisement to be published in such newspaper once a week for three successive weeks prior to said sale; or

   (b)   Contribution by the Chief of Police to one or more public agencies; to one or more nonprofit organizations no part of the net income of which inures to the benefit of any private shareholder or individual and no substantial part of the activities of which consists of carrying on propaganda or otherwise attempting to influence legislation; or to one or more organizations satisfying Section 501(c)(3) or (c)(19) of the Internal Revenue Code of 1986.

   Property which is suitable for police work may be retained by the Chief of Police for use within the Hamilton Police Division; thereafter, the property shall be disposed of pursuant to this section.

   All proceeds from the sale of the aforesaid personal property shall be credited to the General Fund of the City.

(Ord. 2000-3-23. Passed 3-8-00.)