The Director of Public Service and Safety shall be responsible for the disposition of all lost, abandoned, stolen, seized and forfeited property held by the Police Department. The disposition of such property shall be subject to the following conditions:
(a) Property (including coins or currency) which has been lost, abandoned, stolen or lawfully seized or forfeited to the Municipality, and which is in the custody of the Police Department, shall be safely kept pending the time it is 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 notify them in writing when and where the property may be identified and claimed. In the absence of evidence recognizing persons entitled to custody, it is sufficient notice to advertise its existence 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.
(c) A person loses any right he may have to possession of property which was the subject of or was used in a conspiracy or attempt to commit an offense, other than a traffic offense, and such person has been judicially determined to be a conspirator, accomplice or offender with respect to the offense, or when in light of the nature of the property or the circumstances of the person, it is unlawful for him to acquire or possess it.
(d) Unclaimed and forfeited property in the custody of the Police Department shall be disposed of as follows:
(1) Property which consists of drugs shall be destroyed under the supervision of the Director of Public Service and Safety or 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) Property consisting of firearms and dangerous ordnance adaptable to and suitable for police work may be given to the Police Department for that purpose.
(3) Firearms suitable for sporting use which are antiques, museum pieces, or collector items may be sold at public auction pursuant to subsection (d)(7) hereof. All other firearms and dangerous ordnance, weapons, and cutlery shall be destroyed with evidence of destruction certified to the Director of Public Service and Safety.
(4) Property consisting of obscene materials shall be destroyed.
(5) Property adaptable to and suitable for use by any Village department or division can be converted to such Village use upon proper determination by the Director of Public Service and Safety and not less than 180 days after its initial retention by the Police Department, and after notice of such conclusion has been published once per week for a period of three weeks in a newspaper of general circulation in the County.
(6) Coins or currency for which the rightful owner cannot be determined and for which no claims have been registered, shall be deposited in the General Fund of the Village within thirty days after a preponderance of the evidence indicates that the rightful owner cannot be determined.
(7) All other unclaimed or forfeited property shall be sold at public auction not less than 180 days after its initial retention by the Police Department, and after notice of such public auction has been published once per week for a period of three weeks in a newspaper of general circulation in the County.
(e) The proceeds from police held property disposed of pursuant to this section shall be placed in the General Fund of the Village after the costs of conducting the auction are deducted.
(f) This section does not apply to the collection, storage or disposal of abandoned junk motor vehicles. This section shall not be construed to rescind or restrict the authority of the Police Department to keep and dispose of lost, abandoned, stolen, seized or forfeited property under any other applicable ordinance.
(g) This section is adopted pursuant to the provisions of Ohio R.C. 2933.41.
(Ord. 25-1981. Passed 9-3-81; Ord. 24-2019. Passed 12-17-19.)