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§ 10-103 RULES AND REGULATIONS.
   The Chief of Police shall have power to make such rules and regulations as may be necessary for the proper and efficient conduct of the Department. Such rules and regulations shall be approved by the governing body.
(2010 Code, § 10-103) (Charter Ord. 23, passed - -)
§ 10-104 CHIEF OF POLICE POWER TO SUSPEND OR DISCHARGE.
   The Chief of Police may, with the consent of the City Manager, suspend or discharge any subordinate under his or her direction for neglect of duty or disobedience of his or her orders.
(2010 Code, § 10-104) (Charter Ord. 23, passed - -)
ARTICLE 2: PROPERTY IN POLICE CUSTODY
Section
   10-201   Regulations
   10-202   Disposition
   10-203   Same; exempt property
   10-204   Claiming property
   10-205   Proof of ownership
   10-206   Auction
§ 10-201 REGULATIONS.
   The Police Department is required to establish regulations detailing the collection, storage and inventory of property that may come under its control by any manner.
§ 10-202 DISPOSITION.
   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.
§ 10-203 SAME; EXEMPT PROPERTY.
   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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