(a) Property which has been lost, abandoned, stolen, lawfully seized or forfeited or recovered, and that is in the custody of the Police Department, shall be disposed of pursuant to this section. Property which is held as evidence shall be safely kept pending the time it is no longer needed and then be disposed of pursuant to this section. Other lawfully recovered property shall be safely kept for at least ninety days and then be disposed of pursuant to this section.
(b) The Police Department 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 in a newspaper of general circulation in the County, briefly describing the nature of the property in custody, and inviting persons to view and establish their right to it. Further, notice of public auction shall indicate generally the types of property to be auctioned and the time, place and date of the auction. Such notice shall be published once a week for three successive weeks and the auction may be held during the third week.
(c) A person loses any right he may have to possession of property:
(1) That was the subject, or was used in a conspiracy or attempt to commit, or in the commission of an offense other than a traffic offense, and such person is 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 for him to acquire or possess it.
(d) Unclaimed and forfeited evidence property in the custody of the Police Department shall be disposed of on application to and order of any court of record that has territorial jurisdiction over the political subdivision in which the law enforcement agency has jurisdiction to engage in law enforcement activities as follows:
(1) Drugs shall be destroyed, or shall be placed in the custody of the Secretary of the Treasury of the United States for disposal or use for medical or scientific purposes under applicable federal law.
(2) Firearms and dangerous ordnance suitable for police work may be retained by the Police Department for that purpose. The donation of firearms to other law enforcement agencies shall be authorized by the Chief of the Police Department with the approval of the Director of Safety. All other firearms shall be destroyed.
(3) Obscene materials shall be destroyed.
(4) Beer, intoxicating liquor or alcohol of value seized from a person who is not the holder of a permit issued under Ohio R.C. Chapters 4301 and 4003 or is an offender, and forfeited to the State under Ohio R.C. 4301.45 or 4301.53 shall be sold by the Department of Liquor Control, if the Department determines that the beer, intoxicating liquor or alcohol is fit for sale. If any tax imposed under Ohio R.C. Title XLIII has not been paid in relation to the beer, intoxicating liquor or alcohol, the proceeds of the sale shall first be used to pay the tax. All money collected under this section shall be paid into the State Treasury. Any such beer, intoxicating liquor or alcohol that the Department determines to be unfit for sale shall be destroyed.
(5) Beer, intoxicating liquor or alcohol of no value shall be destroyed.
(Ord. 1973. Passed 12-4-89.)
(6) Worthless items, whether or not originally acquired by the Police Department as evidence property shall be destroyed.
(Ord. 1988. Passed 3-12-90.)
(e) Other unclaimed or forfeited property may be sold at public auction or utilized by the City where such usage would be proper under the circumstances. The Chief of Police shall be responsible for determining such utilization consistent with administrative procedures established by the City Administrator.
(f) The proceeds from property disposed of pursuant to this section shall be placed in the General Fund of the City. Payment shall be made of the appropriate percent to the Official Citizens Reward Program recognized by the Board of County Commissioners, Wood County, Ohio.
(g) This section does not apply to the collection, storage or disposal of abandoned junk motor vehicles.
(h) This section shall not be construed to rescind or restrict the authority of the City to keep and dispose of lost, abandoned, stolen or lawfully seized or forfeited or recovered property under any other ordinance or statute.
(Ord. 1973. Passed 12-4-89.)