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(a) The Chief of Police shall have supervision of subordinate or special officers, under the direction of the City Manager.
(b) It shall be the duty of the Chief of Police and other officers to see that the laws of the state and all ordinances and resolutions of the city are properly enforced and obeyed within the police jurisdiction of the city.
(c) Officers are to be industrious in bringing to justice all violators of law and in preventing violations of the law.
(d) Whenever an arrest is made, officers shall attend all trials in Municipal Court, unless excused by the Municipal Judge or the City Attorney.
(e) Officers shall promptly serve all process papers, notices or orders as required by statute or as directed by the City Manager.
(f) Officers shall perform such other duties as may be required by the City Manager or by the ordinances of the city.
(2010 Code, § 10-102) (Charter Ord. 23, passed - -)
Any property which has been acquired or turned over to the Police Department and has been classified in accordance with procedures existing in the Police Department as unclaimed or for which the proper owner cannot be ascertained shall be kept for a minimum of 90 days. After a period of 90 days, such property, except as provided in § 10-203, shall be sold at public auction to the highest bidder and the proceeds after expenses shall be paid to the City General Fund.
The following classes of property shall be considered exceptions to § 10-202 and shall be dealt with in the following manner.
(a) Cash money shall be turned over to the City General Fund unless it shall be determined to have collector’s value, in which case it shall be auctioned according to the provisions in § 10-202.
(b) Except as provided in divisions (c) and (d) below, any weapon or ammunition, in the discretion of the court having jurisdiction of the property, shall be:
(1) Forfeited to the law enforcement agency seizing the weapon for use within such agency, for sale to a properly licensed federal firearms dealer, for trading to a properly licensed federal firearms dealer, for trading to a properly licensed federal firearms dealer for other new or used firearms or accessories for use within such agency, or for trading to another law enforcement agency for that agency’s use;
(2) Forfeited to the State Bureau of Investigation for law enforcement, testing or comparison by the State Bureau of Investigation forensic laboratory;
(3) Forfeited to a county regional forensic science center, or other county forensic laboratory for testing, comparison or other forensic science purposes; or
(4) Forfeited to the State Department of Wildlife, Parks and Tourism for use pursuant to the conditions set forth in K.S.A. 32-1047, and amendments thereto.
(c) Except as provided in division (d) below, any weapon which cannot be forfeited pursuant to division (b) above due to the condition of the weapon, shall be destroyed.
(d) If a weapon is seized from an individual and the individual is not convicted of the violation for which the weapon was seized, then within 30 days after the declination or conclusion of prosecution the case against the individual, including any period of appeal, the law enforcement agency that seized the weapon shall verify that the weapon is not stolen, and upon such verification shall notify the person from whom it was seized that the weapon may be retrieved. Such notification shall include the location where such weapon may be retrieved.
(e) If weapons are sold as authorized by division (b) above, the proceeds of the sale shall be credited to the Asset Seizure and Forfeiture Fund of the seizing agency.
(f) For purposes of divisions (b), (c) and (d) above, the term
WEAPON means any:
(1) Bludgeon, sand club, metal knuckle or throwing star;
(2) Dagger, dirk, billy, blackjack, slungshot, dangerous knife, straight-edged razor, stiletto or any other dangerous or deadly weapon or instrument of like character;
(3) Spring gun; or
(4) Firearm.
(g) Homemade weapons or weapons of a contraband nature shall be destroyed.
(h) Any items determined to be contraband such as explosives, narcotics and the like shall be destroyed.
(i) Items of a pharmaceutical nature, which, while not contraband when properly dispensed, or which are of an over-the-counter-variety, shall be destroyed.
(j) Foodstuffs, if sealed and undamaged may be turned over to any appropriate social service agency or destroyed, but shall not be auctioned.
(k) Alcohol products such as beer, wine, whiskey and the like shall be destroyed.
(l) Items with a value in excess of $500 may be sold after advertising said item in a general circulation newspaper on at least two occasions. Such sales shall be by closed bid.
(K.S.A. 22-2512)
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