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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)
At such time as it has been determined that an auction is necessary to dispose of unclaimed property, an inventory listing all property to be disposed of shall be prepared and kept on file in the Police Department. Notice of an auction shall be published at least twice in a general circulation newspaper before the date of the auction. The notice shall specify the date, time and place of the auction and shall also notify prospective buyers or potential claimants that a list of items to be auctioned is available at the Police Department and any claims on property must be made before the start of the auction.
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
HOST. The person who owns or is in possession of the property where the party, gathering or event takes place, or the person in charge of the premises, or the person who organized the event. If the HOST is a minor, then the parents or guardians of that minor will be jointly and severally liable for the fee incurred for police services.
PARTY, GATHERING or EVENT. An event involving a group of persons who have assembled or are assembling for a social occasion or for a social activity.
POLICE SERVICES FEE. The cost to the city of any special security assignment, including, but not limited to, salaries of police officers while responding to or remaining at the party, gathering or event; the pro rata cost of equipment; the cost of repairing city equipment and property; the cost of any medical treatment of injured police officers; and the cost of reasonable attorney’s fees.
SPECIAL SECURITY ASSIGNMENT. The assignment of police officers, services and equipment during a second or subsequent response to the party, gathering or event after the delivery of a written notice to the host that a fee may be imposed for costs incurred by the city for any subsequent police response.
When any police officer responds to any party, gathering or event and that police officer determines there is a threat to the public peace, health, safety or general welfare, the police officer shall issue a written notice to the host or hosts that a subsequent response to that same location or address within 24 hours of the first response shall be deemed a special security assignment rendered to provide security and order on behalf of the party, gathering or event and that the host may be liable for a police services fee as defined in this article.
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