(a) Property which has been lost, abandoned, stolen or lawfully seized or forfeited and which is in the custody of the Police Division shall be safely kept pending the time it is no longer needed as evidence and disposed of pursuant to this section.
(b) The Police Division shall make a reasonable effort to locate the persons entitled to possession of property in its custody and to notify them when and where it may be claimed. In the absence of evidence identifying persons entitled to custody, it is sufficient notice to advertise once, thirty days prior to the proposed disposition of said property, in a newspaper of general circulation in the City, briefly describing the nature of the property in custody and inviting persons to view and establish their right to it.
(c) A person loses any right to possession of property:
(1) Which was the subject or was used in a conspiracy or attempt to commit, or the commission of an offense other than a traffic offense, and such person is found to be 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 to acquire or possess it.
(d) All such property in the custody of the Oxford Police Division that has been held by the Police Division for at least ninety days shall be disposed of as follows:
(1) Drugs and drug paraphernalia, beer, intoxicating liquor and alcohol shall be destroyed in the presence of the Chief of Police and Finance Director.
(2) Firearms and dangerous ordinances suitable for police work may with Council's consent be given to the Police Division for that purpose and for the purpose of acquisition of firearms and/or ammunition for the officers of the Division. Firearms and/or ammunition may be traded to a Federal firearms licensed dealer in exchange for ammunition. Firearms, knives, bayonets, or swords suitable for sporting use, museum pieces or collectors' items may with Council's consent be sold at public auction. Those firearms and dangerous ordinance shall be destroyed in the presence of the Chief of Police and Finance Director.
(3) Obscene materials shall be destroyed in the presence of the Chief of Police and Finance Director.
(4) Vehicle and vehicle parts may be given with Council's consent to the Police Division for use in the performance of its duties. All other vehicles and vehicle parts may be sold at auction or sold as junk or scrap. If not sold at auction the vehicle or vehicle parts shall be sold as scrap or junk. The Finance Director and Chief of Police shall jointly determine which vehicles or vehicle parts are subject to be sold as junk or scrap. Such junk or scrap shall be sold to the highest bidder on a per pound basis with a minimum requirement of two bids. The bids shall be sealed and submitted to the Finance Director and shall be based on pick up at the City impound lot of the junk or scrap by the high bidder.
(5) Property turned into the Police Division as lost or abandoned by a person finding the same may, in the discretion of the Police Division when said property is lawful and appropriate for private ownership, be returned to the finder after ninety days if the owner is not located. This provision does not apply to members of the Police Division.
(6) All other unclaimed or forfeited property with Council's consent, may be used by the Police Division. If other unclaimed or forfeited property is not used by the law enforcement agency it shall either:
A. Be donated to a not for profit organization, charitable organization, or a third party for a use beneficial to the public; or
B. Be sold without appraisal with the Council's consent at public auction to the highest bidder for cash.
(e) Upon the sale pursuant to this section of any property that is required to be titled or registered under law, the state shall issue an appropriate certificate of title or registration to the purchaser.
(f) The proceeds from property disposed of pursuant to this section shall be placed in the general fund of the City.
(Ord. 3056. Passed 6-2-09.)