§ 36.070  DUTIES AND RESPONSIBILITIES.
   (A)   The Chief of Police is designated the custodian of all property defined in § 36.071 which is taken by peace officers of the city, or courts within the city limits.
   (B)   The Chief of Police shall appoint a property clerk of the rank of sergeant to carry out the property safekeeping, use and disposition procedures required by this subchapter.
   (C)   Any peace officer of the city shall, as soon as practicable after property described in § 36.071 comes into his or her possession, deliver it to the property clerk.
   (D)   The property clerk shall maintain a separate, permanent book in which shall be registered and particularly described, and as received by any peace officer of the city, any property of the classes described in § 36.071 .  The book shall also contain the name of the owner, if ascertained, the place where found, the name of the person from whom it was taken, the general circumstances of its receipt, the name of the officer recovering the property, the name or names of any and all claimants to the property and final disposition of the property.  The property clerk shall advertise any § 36.071 property, not the subject of a forfeiture proceeding, as to the amount and disposition of the property.
   (E)   Any property as defined in § 36.071, which is delivered to the property clerk under this subchapter shall be securely stored at the Police Department headquarters in a separate room used only for the storage of such property and to which only the property custodian and property clerk have general access.
   (F)   If any property in the custody of the property clerk is desired as evidence in any court, such property shall be delivered to any officer who presents an order to that affect from the court.  Such property shall not be retained by the court, but shall be returned to the property clerk.
   (G)   All property which has been seized and is forfeited pursuant to law shall be disposed of as provided in the court order of forfeiture.
   (H)   All property that remains in the custody of the property clerk and which is contraband or which is subject to forfeiture and in which there will be no court action shall be ordered forfeited by the Madison Circuit Court not less than 90 days after it comes into the possession of the property clerk.  The property custodian shall advise the City Attorney of the expiration of those 90 days, who shall move the court at its next motion hour for an order of forfeiture.  The order of forfeiture shall be consistent with applicable provisions of Kentucky and federal law.  If the property is ordered sold the proceeds shall go to the credit of the Police Department.
   (I)   All property which remains in the custody of the property custodian without any lawful claimant thereto and which is not subject to divisions (F) and (G) above shall be sold at public auction in the parking lot of the city building, after being advertised pursuant to KRS Chapter 424.  The auction shall be held annually in the month of October and a complete inventory of the property to be sold shall be made by the property clerk and presented to the Board of Commissioners by the first regular September meeting of each year.  No property shall be sold under this provision unless:
      (1)   It has been in the custody of the property clerk for over 90 days;
      (2)   Reasonable efforts have been made by the property clerk to ascertain the name of the true owner or lawful claimant of the property and to effect its return; and
      (3)   The sale is in conformity with applicable state and federal laws and regulations.
   (J)   No property shall be delivered to the property clerk or delivered by the property clerk except as provided by this subchapter.
   (K)   No property shall be disposed of by the property clerk except in the manner provided in this subchapter.
('79 Code, § 17-71)  (Ord. 83-16, passed 9-20-83)  Penalty, see § 34.99
Cross-reference:
   Disposition of surplus city personal property, see § 34.02