(A) The Law Enforcement Disposition of Property Act (765 ILCS 1030/0.01 et seq.) (the “Act”) is adopted and incorporated by reference into this section, and the provisions of the Act shall apply to the disposition of personal property outlined in this section, except as amended in this section. Where there is a conflict between the provisions of the Law Enforcement Disposition of Property Act and the provisions of this section enacted pursuant to the Village’s home rule authority, the provisions of this section shall control.
(B) The Village Police Department may dispose of all personal property of possessed by it when possession was transferred to the Village Police Department under circumstances supporting a reasonable belief that such property was abandoned, lost or stolen or otherwise illegally possessed. Property seized during a search and retained and ultimately returned, destroyed or otherwise disposed of pursuant to order of court is not subject to this section. Property that the Chief of Police reasonably believes was abandoned, lost or stolen or otherwise illegally possessed, may be disposed pursuant to the following:
(1) Such property shall be retained in custody by the Chief of Police or his designee, who shall make reasonable inquiry and efforts to identify and notify the owner or other person, entitled to possession thereof, and shall return the property after such person provides reasonable and satisfactory proof of his ownership or right to possession and reimburses the Police Department for all reasonable expenses of such custody.
(2) Weapons that have been confiscated as a result of having been abandoned or illegally possessed may be transferred, in accordance with written direction from the Chief of Police, to the Department of State Police for use by the crime laboratory system, for training purposes, or for any other application as deemed appropriate by the Department, if no legitimate claim is made for the confiscated weapon within 6 months of the date of confiscation or within 6 months of final court disposition if such confiscated weapon was used for evidentiary purposes.
(3) If the identity or location of the owner or other person entitled to possession of the property has not been ascertained within 6 months after the Police Department obtains such possession, the Chief of Police shall effectuate the sale of the property for cash to the highest bidder at a public auction, notice of which (including time, place and a brief description of such property) shall be published at least once in a newspaper of general circulation in Cook County at least 10 days prior to such auction. However, if the Chief of Police determines that the interests of the public would best be served thereby, he may donate property that is worth less than $100, if the donation is approved by the Board of Trustees, to a charitable organization, rather than effectuating the sale of the property by public auction.
(4) Property offered but not sold at such public auction may be offered and sold at a subsequent public auction without further published notice.
(5) Proceeds of the sale of the property at public auction shall be deposited in the treasury of the Village for the use and benefit of the operation of the Police Department.
(6) The owner or other person entitled to possession of such property may claim and recover possession of the property at any time before its sale at public auction, upon providing reasonable and satisfactory proof of ownership or right to possession and reimbursing the Police Department for all reasonable expenses of custody thereof.
(7) Paper currency or coins that hold no historical or monetary value other than the value indicated on the face of such currency, that the Police Department has obtained and reasonably believes to be abandoned, lost or stolen or otherwise illegally possessed, shall not be subject to the auction provisions of division (B)(3) above. The Chief of Police shall make a reasonable inquiry to identify and notify the owner or other person entitled to possession of the paper currency or coins. If the identity or location of the owner or other person entitled to possession of the currency or coins has not been ascertained within 6 months after the Police Department obtains possession of the currency or coins, the Chief of Police shall deposit the paper currency or coins in the treasury of the Village, for the use and benefit of the operation of the Police Department.
(8) The Chief of Police shall maintain a written record of all personal property retained and disposed of by the Police Department under this section, which shall include:
(a) A complete inventory of the personal property, including a picture and brief description of each item or group of items;
(b) All efforts to identify and notify the owner or other person entitled to possession of such personal property;
(c) All claims made by any person that they are the owner or are otherwise entitled to the possession of such personal property;
(d) All auctions for the sale of such personal property, including the date, time, location and outcome of said auctions; and
(e) The amount of proceeds deposited into the treasury of the Village by the Police Department from the sale of such personal property.
(9) The Chief of Police shall provide a monthly report to the Village President and Board of Trustees summarizing any updates to the records required under division (B)(8) above.
(10) No person shall be responsible for consequential damages to another occasioned by an act or omission in compliance with this section.
(Ord. CO-2015-13, passed 5-19-2015)