The following procedure is hereby established for the disposition of property held by the Police Department for the Village:
(a) Property which has been lost, abandoned, stolen, seized, or forfeited, and which is in the custody of the Village Department, shall be safely kept pending the time that it is no longer needed as evidence and then disposed of pursuant to the provisions of this section.
(b) The Police Department shall make a reasonable effort to locate the persons entitled to possession of property in its custody and to notify them when and where such property may be claimed. In the absence of evidence identifying persons entitled to custody, it is sufficient notice to post an advertisement on the bulletin boards set out in Section 123.01 briefly describing the nature of the property in custody and inviting persons to view and establish their right to it.
(c) A person forfeits any right he may have to possession of property:
(1) Which was the subject or was used in a conspiracy or attempt to commit or the commission of a criminal offense, and such person is a conspirator, accomplice, or offender with respect to the offense;
(2) When, in light of the nature of the property or the circumstances of such person, it is unlawful for that person to acquire or possess it;
(3) When ninety days have expired after the posting of the advertisement as set out in this section or after notification has been given to the individual as set out in this section and the property is still unclaimed.
(d) Unclaimed and forfeited property in the custody of the Village Police Department shall be disposed of as follows:
(1) Drugs shall be destroyed, or placed in custody of the Secretary of the Treasury of the United States for disposal or use for medical or scientific purposes under applicable Federal law.
(2) Firearms and dangerous ordnance shall be destroyed by the Chief of Police in a manner provided by the Mayor.
(3) Obscene materials shall be destroyed.
(4) Other unclaimed or forfeited property may be sold at public auction or disposed of as designated by the Mayor.
(e) The profits from any property disposed of pursuant to this section shall be placed in the General Fund of the Village.
(f) The Police Department shall keep an inventory list of all property lost, abandoned, stolen, seized or forfeited. This inventory list shall include a description of the property, the date of acquisition, the manner of acquisition, the name of the last known owner, the disposition of the property, and the date of such disposition.
(g) This section does not apply to collection, storage, or disposal of abandoned junk motor vehicles.
(Ord. 1978-11. Passed 10-3-78.)
(h) Electronic Auction of Personal Property. Personal property, of any value, not needed for municipal purposes may be sold at electronic auction by the department head having supervision or management thereof, upon written approval of the Chief of Police or Service Director. An electronic auction may be by any means which the Chief of Police or Service Director approve and is intended to attract public bids over the internet or other electronic medium. Prior to the transfer of any property, department and division heads shall be responsible for the removal of logos, seals, emblems or other marks identifying the equipment as the property of the Village. A list of items sold, their general description at the time of sale, the name of the purchaser, the purchase price and the reason for declaring the items available for sale shall be maintained in Town Hall and shall be available for public inspection. If the estimated value of such property is equal or exceeds five thousand dollars ($5,000.00), it shall be sold only when authorized by Ordinance of Council and approved by the department or division head having supervision or management of such personal property. When so authorized, such department or division head shall sell the property to the highest bidder. The department or division head is authorized to establish a minimum bid which may be submitted.
(Ord. 2012-17. Passed 10-2-12.)