(A) Property which has been lost, abandoned, stolen, or lawfully seized or forfeited to the municipality, and which is in the custody of the Police Division, shall be safely kept pending the time it is no longer needed as evidence, or in the case of property not held for evidentiary purposes, a period not less than 180 days, and disposed of pursuant to this section.
(B) The Police Division 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 or she 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 or her to acquire or possess it.
(D) Unclaimed and forfeited property in the custody of the Police Division shall be disposed of on application to an order of the Common Pleas Court in Miami County, Ohio, as follows:
(1) Property which consists of drugs shall be destroyed 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 Division 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 (D)(5) below. All other firearms, dangerous ordnance, weapons, and cutlery shall be destroyed with evidence of destruction certified to the City Manager.
(4) Property consisting of obscene materials shall be destroyed.
(5) All other unclaimed or forfeited property shall be disposed in accordance with state law and/or sold at public auction after a notice of such public auction has been published in a newspaper of general circulation in the county in accordance with applicable laws and/or city charter, ordinances, and policies.
(E) All other property owned by the municipality, whose use is obsolete or no longer appropriate to its original purpose as determined by the City Manager, shall be included as a saleable item in the auction specified in (D)(5) above, and the proceeds derived from the sales shall be added to the fund from which the original purchase expenditure came, if it can be determined. If the origin cannot be determined, then the proceeds shall be added to the general fund.
(F) The proceeds from police-held property disposed of pursuant to this section shall be placed in the general fund of the city.
(G) Council, upon motion, may direct the City Manager to dispose of specified property owned by the municipality on a per item basis in such circumstances as determined by council, where deviation from this section is warranted. The City Manager is further authorized under this section to advertise the particular article to be disposed of, in accordance with the city charter and any other applicable laws and may then dispose of the item of property on terms which the City Manager determines to be in the best interest of the municipality, and the proceeds, if any, derived from the disposal thereof shall be added to the fund from which the original purchase expenditure of the particular item came, if it can be determined. If the origin cannot be determined, then the proceeds shall be added to the general fund.
(H) Council, by ordinance, may direct the City Manager, on terms which the City Manager determines to be best for the municipality, to dispose of certain specified personal property owned by the municipality, which is surplus to the municipality, but is still in usable and nonobsolete condition, on a per item basis in such circumstances as determined by Council, regardless of the value of the particular item of personal property, and the proceeds, if any, derived from the disposal thereof shall be added to the fund from which the original purchase expenditure of the particular item came, if it can be determined. If the origin cannot be determined, then the proceeds shall be added to the general fund.
(1974 Code, § 35.05) (Ord. 51-76, passed 12-20-1976; Am. Ord. 24-77, passed 6-6-1977; Am. Ord. 54-77, passed 10-3-1977; Am. Ord. 7-17, passed 4-3-2017)