(A) Transfer of forfeited property. The Chief of Police is hereby authorized to participate in the equitable transfer of federally forfeited property to local law enforcement agencies under 21 U.S.C. § 881(e) and 19 U.S.C. § 1616, and a separate account shall be maintained for the purpose of itemizing those funds received under such program.
(1) The tangible property or cash that is transferred shall be credited directly to the Police Department for use in the Police Department’s investigative fund and for general law enforcement purposes.
(2) Any funds received through the program shall only be used to enhance the law enforcement resources of the Police Department and shall not be used in any manner to reduce the budget appropriation for the Police Department in any year.
(B) Abandoned personal property.
(1) Authority. This section is enacted pursuant to the authority of Wis. Stats. § 66.0139, as amended.
(2) Disposal of personal property. Personal property, other than cash, which has been abandoned or which remains unclaimed for a period of 90 days after the property is not needed for evidence or if all proceedings in which the property might be required as evidence have been completed or expired, shall be disposed of by any means, including, but not limited to, a public auction, public sale, private sale or disposal in the trash for items with little or no value and contraband, determined to be in the best interest of the village. If the disposal is in the form of a sale, all receipts from the sale, after deducting the necessary expenses of keeping the property and conducting the sale shall be paid into the village treasury. The officer shall attempt to return to the rightful owner such items of personal property which have a substantial value, if the owner can reasonably be determined.
(3) Disposal of cash.
(a) Personal property consisting of cash which has been abandoned, or which remains unclaimed for a period of 90 days after the property is not needed for evidence, or if all proceedings in which the property might be required as evidence have been completed or expired, shall be turned over to the Village Treasurer and credited to the General Village Revenue Account. The village shall attempt to return to the rightful owner such items of personal property consisting of cash which have a substantial value, if the owner can be reasonably determined.
(b) Notwithstanding division (B)(3)(a) above, abandoned or unclaimed personal property consisting of cash which has been seized as part of a controlled substance, controlled substance analog, or marijuana arrest or investigation shall be placed in a Police Department account for use solely for law enforcement activities by the Police Department or, at the discretion of the Chief of Police, by the multi-jurisdictional drug task force. Any funds received as a result of this division (B)(3)(b) shall not be used in any manner to reduce the budget appropriation for the Police Department in any year. For the purposes of this division (B)(3)(b), CONTROLLED SUBSTANCE, CONTROLLED SUBSTANCE ANALOG, and MARIJUANA shall have the meanings defined in Wis. Stats. § 961.01, as amended.
(4) Disposal of abandoned or unclaimed flammable, explosive, or incendiary substances, materials, or devices. Any village officer may safely dispose of abandoned or unclaimed flammable, explosive, or incendiary substances, materials, or devices posing a danger to life of property in their storage, transportation, or use immediately after taking possession of the substances, materials, or devices without a public auction. If the substance, material, or device appears to be or is reported stolen, an attempt shall be made to return the substance, material, or device to the rightful owner. The officer shall attempt to return to the rightful owner such substances, materials, or devices which have a commercial value in the normal business usage and do not pose an immediate threat to life or property.
(5) Records to be kept. If abandoned or unclaimed personal property is not disposed of in a sale open to the public, the Chief of Police, or his or her designee shall maintain an inventory of the property, a record of the date and method of disposal, including the consideration received for the property, if any, and the name and address of the person taking possession of the property. The inventory shall be kept as a public record for a period not less than two years from the date of disposal of the property.
(6) Abandoned, unclaimed, or seized dangerous weapons or ammunition. Abandoned, unclaimed, or seized dangerous weapons or ammunition may be disposed of only under Wis. Stats. § 968.20, as amended.
(Ord. 09-2015, passed 12-10-2015)