A. Unclaimed Property In Police Possession; Disposition And Records:
1. All personal property which has been found, stolen, or taken from the possession of any prisoner or person suspected of or charged with a crime which comes into the possession of any police officer and is not known to belong to some person laying claim thereto shall be delivered to the Chief of Police by the police officer who came into the possession of the personal property. The Chief of Police shall make a record in a record book to identify the property with the date and the circumstances and the receipt thereof, the name of the person from whom it was taken, and the place where it was found.
2. The personal property record provided in subsection A1 of this section shall disclose the subsequent disposal thereof, giving the date of sale, name and address of the purchaser, and the amount for which it was sold; or the date of delivery to a Town department, the name of the department and the name of the Supervisor of the department; or the date, place and method of its destruction and the name of officers witnessing the destruction; or the date of the delivery to the next of kin or legally appointed representative of a deceased person, and the name and address of the next of kin or legal representation.
B. Property In Possession Longer Than Thirty Days: Any unclaimed personal property, or property whose ownership is not satisfactorily established, other than animals, which has remained in the possession of the Chief of Police for a period of thirty (30) days, shall be sold, and the proceeds of the sale shall be paid to the Town Clerk-Treasurer, except such personal property which, at the option of the Mayor, can be more advantageously used by any Town department. The Town Clerk- Treasurer shall issue his/her receipt therefor and deposit the proceeds into the credit of the General Fund of the Town ten (10) days before sales of unclaimed property. The Chief of Police or his designee shall sign and have posted in at least four (4) public places in the Town (1 of which shall be the front door of the police station) notices of the time, place and manner of the sale and examples of types of property. If the Mayor delivers any of the personal property to the Chief of Police for use in any Town department, he shall so instruct the Chief of Police in writing and the Chief shall thereupon deliver the personal property designated to that Town department and shall keep a record of its disposition.
C. Property Found By Other Than Public Official: Any personal property found by a person other than a public official or a public employee of the Town which is delivered to any police officer for identification and which is not claimed or identified within thirty (30) days shall, within ten (10) additional days thereafter, if requested by the finder, be returned to the finder and a record of such disposal shall be made. If any such property shall be sold as provided in this section and the owner thereof shall take and recover possession of same from the purchaser, the amount paid therefor shall be returned to the purchaser upon verified claim being submitted approved, and allowed by the proper officers.
D. Certain Property In Possession More Than Ninety Days: Any unclaimed personal property, other than animals, which has remained in the possession of the Chief of Police for a period of ninety (90) days and:
1. Is in the nature of contraband;
2. Is property which would constitute a health hazard if stored for a long period;
3. Is an unsafe or illegal weapon;
4. Is a partially filled container of liquor or beer;
5. Cannot be sold;
6. Cannot be used by any department of the Town; or
7. Is of trivial value in the opinion of the Chief of Police;
shall be destroyed on order of the Chief of Police. The destruction of any personal property under the provisions of this section shall be witnessed by at least three (3) members of the Police Department, and these witnesses must sign a certificate of destruction which shall list all property destroyed, a general description of same, and the date, time, place and manner of destruction.
E. Property Of Deceased Person: The personal property of a deceased person shall be delivered only to the next of kin of such person or to the legally appointed representative of his estate. If the personal property is claimed by the legally appointed representative of the estate of the deceased, a certified copy of the order of the District Court appointing such person shall be deemed sufficient authority to support the claim. If the personal property is claimed by the next of kin, the claimant shall furnish an affidavit to the effect that he/she is the person entitled to possession of the property, and the affidavit shall be deemed sufficient authority to support the claim. If personal property of a deceased person remains unclaimed for a period of ninety (90) days, it shall be disposed of in the appropriate manner provided in this section.
F. Retention Of Records: Unless otherwise specified, all records of property under this section shall remain on file for a period of five (5) years. (2018 Code)