§ 37.17 DISPOSAL.
   (A)   Any lost personal property, other than money or a negotiable instrument, coming into the possession of the Police Chief, shall be held by him for a period of not less than 120 days. At the time of receipt of the property by the Chief from the finder thereof, the Chief shall advise the finder that if the owner is not ascertained within the 120 day period referred to in this section, the finder may file a written request within a period of 30 days after the expiration of the 120 day period, requesting that the title of the property be vested in him. During such period of time the Chief shall take such steps as may be reasonably necessary to attempt to ascertain the identity of the owner thereof. If the owner of the personal property cannot be identified, or, if within the 120 day period the owner of the property fails to appear and establish the fact of his ownership to the reasonable satisfaction of the Police Chief, the Chief shall dispose of the property as follows:
      (1)   If a written request by the finder is made, as described in this section, and filed with the Chief and the owner fails within the 120 day period to appear and claim the property, then for all purposes title to the property shall vest in the finder and the Chief shall deliver it to the finder; and
      (2)   If neither the owner nor the finder makes claim to the property within the times permitted in this chapter, then the Chief shall dispose of the property at a public auction held for that purpose. The Police Chief shall, in the case of the public auction, cause notice to be given of the fact of the public auction in a newspaper of general circulation, adjudicated as such within the city, not less than five days in advance of the time set for the auction. If the personal property remains unsold after the public auction, the Police Chief shall dispose of it as may be directed by the City Manager.
   (B)   Notwithstanding the foregoing provisions relating to public auction of unclaimed property, where the property is perishable, or if the Chief of Police finds that the value thereof is negligible, he shall dispose of it in a manner to be directed and approved by the City Manager. In addition, should the City Manager so direct, any property which is unclaimed by the true owner and/or finder thereof need not be submitted to public auction if the City Manager determines that it is needed for any public purpose. Upon such determination by the City Manager, title to the property shall vest, for all purposes, in the city.
(Ord. 863, passed 9-28-95)