(A) Once the Sheriff’s Office has ensured that all court proceedings have been concluded and that the appeals time has elapsed on property within the Sheriff’s Office evidence room, the property shall be considered as contraband and/or seized property as defined in A.C. § 5-5-101.
(B) The Sheriff’s Office shall make every effort to return seized property to the rightful owner or possessor thereof with the exception of contraband as defined in A.C. § 5-5-101.
(C) The Sheriff’s Office shall petition the Circuit Court for an order, giving custody of the property to the Sheriff’s Office.
(D) The contraband shall be destroyed, except any article of contraband capable of lawful use may in the discretion of the court having jurisdiction, be retained for use by the Sheriff’s Office or sold.
(E) All unclaimed property and contraband not being retained for use by the Sheriff’s Office shall be sold at public auction by the Sheriff or his or her designee.
(F) The proceeds from any sale of contraband or seized property shall be delivered to the County Treasurer, to be held by him or her in a separate account for a period of three months. If, during this time, any person establishes to the satisfaction of the Treasurer that he or she was at the time of sale the owner of any seized article sold, he or she shall be paid the amount realized from sale of the property less the expenses of the sale.
(G) The Treasurer shall establish a line item in the County General Fund entitled Law enforcement Equipment and all monies in the separate account not claimed or paid within the designated three-month period shall be paid into the account.
(H) Revenues derived from monies received under this section shall not offset or reduce funding from other sources for the maintenance, operation, and capital expenditures of the Sheriff’s Office.
(I) Due to the continued increasing costs of law enforcement equipment and the reduced monies available to cities and counties for the purchase of such equipment, an emergency is hereby declared to exist and this section being necessary for the protection and preservation of the public peace, health, and safety, shall be in full force and effect immediately upon passage.
(Ord. 2006-5, passed 3-13-06)