The police department shall take charge of all lost or unclaimed property which is turned over to or comes into the possession of the city, and shall retain the possession thereof subject to the provisions of this chapter. All employees and officers of the city shall turn over to the police department any lost or unclaimed property which is turned over to or comes into the possession of the employee or officer as a result of his employment. This chapter shall not apply to vehicles the abandonment of which is covered by the provisions of the California Vehicle Code. (Ord. 399, 2-21-1967)
The police department shall keep a record of all such property, together with the date, description and name, if any, of the person from whom it was received and the place and circumstances under which it was taken, found or recovered, plus the name and address of the finder or claimed owner, if known. (Ord. 399, 2-21-1967)
If no owner appears within three (3) months, or in the case of bicycles within thirty (30) days, after such property comes into the possession of the police department and offers reasonable proof satisfactory to the chief of police of his ownership and compensates the city for the expenses, if any, incurred in the removal, maintenance, preservation and keeping of said property, as the chief of police shall determine, then the title to such property shall thereupon vest in the city; provided, however, that the police department shall exercise due diligence to ascertain the owner and notify him of its possession of such property; and provided further, that the title to clothing, bedding, wearing apparel and other similar property, which comes into the possession of the police department shall vest in the city after the expiration of thirty (30) days unless the owner reclaims same; and all such property may, in the discretion of the chief of police, be delivered over gratuitously to any public or private charitable organization after said thirty (30) day period. (Ord. 399, 2-21-1967)
A. Certain Articles: The chief of police shall have power in his discretion to summarily destroy all liquors, burglar tools, knives, firearms, deadly weapons, explosive or other dangerous or noxious articles or materials coming into the possession of the city, or deliver them for use by other governmental agencies, provided that any weapon or device declared by Penal Code section 12028, 12028.5, 12029 or any other section of the Penal Code to be a nuisance or therein ordered to be destroyed, shall be destroyed as therein provided. (Ord. 399, 2-21-1967)
B. Remaining Articles: Any property held by the police department hereunder and not returned to the owner or finder or disposed of under this section, or for which the claimant refuses to pay the charges may, at the discretion of the chief of police, be delivered to the public works department of the city, and thereafter disposed of or used as in sections 5-6-6 and 5-6-7 of this chapter. (Ord. 399, 2-21-1967; amd. 2007 Code)
C. Sale Procedures:
1. Manner Of Sale: Property delivered under section 5-6-5 of this chapter may be sold. At a time and place fixed, such property may be sold at public auction to the highest bidder by the city; provided, however, that the right shall be reserved to reject any and all bids. The property may also be sold to the highest bidder under a sealed bid procedure. The proceeds from such sales shall be paid over to the city clerk and deposited in the general fund of the city.
2. Notice Of Sale: At least ten (10) days before the date of the intended sale notice thereof shall be posted on the bulletin boards of the city hall and of police headquarters, which notice shall specify the property to be sold, and that the sale shall be for cash.
3. Remaining Articles: All property unsold may be used or disposed of as other city property. (Ord. 399, 2-21-1967)
Notwithstanding any other provision of this chapter, if the true owner does not appear during the three (3) month period (or 30 days in the case of bicycles) and claim the property, it may be delivered back to the person who delivered it to the chief of police if at the time of delivery or prior to disposition of the property such person has indicated in writing that he wishes to assert a claim to the property as a finder, provided that no property delivered to the police department by an employee or an officer of the city shall be returned to said officer or employee. If the finder does not collect the property within ten (10) days of notification of the end of the holding period, the property shall be treated as other property under this chapter. This section shall not affect the disposition of the articles mentioned in section 5-6-4 of this chapter. (Ord. 399, 2-21-1967)