(a) Property which has been lost, abandoned, stolen or lawfully seized or forfeited, and which is in the custody of the Police Department, shall be safely kept pending the time it is no longer needed as evidence, and then 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 where and when it may be claimed. In the absence of evidence identifying persons entitled to custody, it is sufficient notice to advertise once in a newspaper of general circulation in the City, briefly describing the nature of the property in custody, and inviting persons to view and establish their right to it.
(c) No property shall be disposed of in accordance with this section unless it has been in the custody of the Police Department at least ninety days, except for items of a perishable or unsanitary nature. No disposition shall be made less than thirty days after the advertising notice described in subsection (b) hereof, but advertisement may be made at any time that items have been in custody for sixty days.
(d) Unclaimed or forfeited property which is not needed as evidence and which has no probable monetary or sentimental value may be disposed of immediately in accordance with instructions of the Chief of Police, without compliance with other provisions of this section. A record of such disposal shall be maintained by the Chief of Police.
(e) A person loses any right he may have to possession of property:
(1) Which was the subject, or was used in a conspiracy or attempt to commit, or 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 the light of the nature of the property or the circumstances of such person, it is unlawful for him to acquire or possess it.
(f) Unclaimed and forfeited property in the custody of the Police Department shall be disposed of on application to and with the approval of the City Administrator, as follows:
(1) Drugs shall be destroyed, or placed in 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. Firearms suitable for sporting use, or as museum pieces or collector's items, may be sold, traded, or otherwise disposed of as directed by the City Administrator. Other firearms and dangerous ordnance shall be destroyed.
(3) Obscene materials shall be destroyed.
(4) Other unclaimed or forfeited property may be sold, traded, destroyed, retained for City use or otherwise disposed of as the City Administrator considers proper under the circumstances.
(g) The proceeds from any property disposed of pursuant to this section shall be placed in the General Fund of the City.
(h) The Chief of Police shall maintain a record of all property disposed of pursuant to this section, to include a description of the property, method of disposition, date of disposition, and approval of the City Administrator.
(i) Property shall be considered in the custody of the Police Department without regard to the manner in which the Department has acquired custody, including, but not limited to, delivery of property by other City employees or citizens, or notice by others of the existence of lost, stolen, or abandoned property; and, it shall not be required that such property be originally found within the corporate limits.
(Ord. 79-52. Passed 7-9-79.)