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§ 34.07 GENERAL POWERS.
   (A)   The Marshal shall be the peace officer of the municipality and the executive head, under the Mayor, of the police force. The Marshal, and the deputy marshals, police officers, or night security officers under him or her shall have the powers conferred by law upon police officers in all municipalities of the state, and other powers not inconsistent with the nature of their offices as are conferred by ordinance.
   (B)   A Marshal, deputy marshal, or police officer of a municipality may participate, as the director of an organized crime task force established under R.C. § 177.02 or as a member of the investigatory staff of such a task force, in an investigation of organized criminal activity in any counties in this state under R.C. §§ 177.01 through 177.03.
(R.C. § 737.18)
§ 34.08 POWERS AND DUTIES OF MARSHAL.
   (A)   The Marshal has exclusive authority over the stationing and transfer of all deputies, officers, and employees within the police department under the general rules that the Mayor prescribes.
   (B)   (1)   Except as provided in § 34.05(A), the Marshal has the exclusive right to suspend any of the deputies, officers, or employees in the police department who are under the management and control of the Marshal for incompetence, gross neglect of duty, gross immorality, habitual drunkenness, failure to obey orders given them by the proper authority, or for any other reasonable or just cause.
      (2)   If an employee is suspended under this section, the Marshal immediately shall certify this fact in writing, together with the cause for the suspension, to the Mayor and immediately shall serve a true copy of the charge upon the person against whom they are made. Within five days after receiving this certification, the Mayor shall inquire into the cause of the suspension and shall render a judgment on it. If the Mayor sustains the charges, the judgment of the Mayor may be for the person’s suspension, reduction in rank, or removal from the department.
      (3)   Suspensions of more than three days, reduction in rank, or removal from the department under this section may be appealed to the Legislative Authority within five days from the date of the Mayor’s judgment. The Legislative Authority shall hear the appeal at its next regularly scheduled meeting. The person against whom the judgment has been rendered may appear in person and by counsel at the hearing, examine all witnesses and answer all charges against him or her.
      (4)   At the conclusion of the hearing, the Legislative Authority may dismiss the charges, uphold the Mayor’s judgment, or modify the judgment to one of suspension for not more than 60 days, reduction in rank, or removal from the department.
      (5)   Action of the Legislative Authority removing or suspending the accused from the department requires the affirmative vote of two-thirds of all members elected to it.
      (6)   In the case of removal from the department, the person so removed may appeal on questions of law and fact the decision of the Legislative Authority to the Court of Common Pleas of the county in which the municipality is situated. The person shall take the appeal within ten days from the date of the finding of the Legislative Authority.
   (C)   The Marshal shall suppress all riots, disturbances, and breaches of the peace, and to that end may call upon the citizens to aid him or her. The Marshal shall arrest all disorderly persons in the municipality, and pursue and arrest any person fleeing from justice in any part of the state. The Marshal shall arrest any person in the act of committing an offense against the laws of the state or the ordinances of the municipality, and forthwith bring the person before the Mayor or other competent authority for examination or trial. The Marshal shall receive and execute proper authority for the arrest and detention of criminals fleeing or escaping from other places or states.
   (D)   In the discharge of his or her duties, the Marshal shall have the powers and be subject to the responsibilities of constables, and for services performed by the Marshal or his or her deputies the same fees and expenses shall be taxed as are allowed constables.
(R.C. § 737.19) (Rev. 1997)
§ 34.09 DISPOSITION OF FINES AND PENALTIES.
   All fees, costs, fines, and penalties collected by the Marshal shall immediately be paid to the Mayor, who shall report to the Legislative Authority monthly the amount thereof, from whom and for what purpose collected, and when paid to the Mayor.
(R.C. § 737.20)
§ 34.10 PROPERTY RECOVERED BY POLICE.
   (A)   Stolen or other property recovered by members of the police force shall be deposited and kept in a place designated by the Mayor. Each article shall be entered in a book kept for that purpose, with the name of the owner, if ascertained, the person from whom taken, the place where found with general circumstances, the date of its receipt, and the name of the officer recovering it.
   (B)   An inventory of all money or other property shall be given to the party from whom taken, and, in case it is not claimed by some person within 30 days after arrest and seizure, it shall be delivered to the person from whom taken, and to no other person, either attorney, agent, factor, or clerk, except by special order of the Mayor.
(R.C. § 737.29)
Cross-reference:
Disposition of unclaimed or forfeited property held by Police Department; regulations, see § 130.17
§ 34.11 DISPOSITION TO CLAIMANT.
   If, within 30 days, the money or property recovered under § 34.10 is claimed by any person other than the person from whom the property was recovered from, it shall be retained by the custodian thereof until after the discharge or conviction of the person from whom it was taken, and so long as it may be required as evidence in any case in court. If the claimant establishes to the satisfaction of the court that he or she is the rightful owner, it shall be restored to him or her; otherwise, it shall be returned to the accused person, personally, and not to any attorney, agent, factor, or clerk of the accused person, except upon special order of the Mayor after all liens and claims in favor of the municipality have first been discharged and satisfied.
(R.C. § 737.31)
Cross-reference:
Disposition of unclaimed or forfeited property held by Police Department; regulations, see § 130.17
§ 34.12 SALE OF UNCLAIMED PROPERTY; DISPOSITION OF PROCEEDS.
   (A)   Except as otherwise provided in this section and unless the property involved is required to be disposed of pursuant to another section of the Ohio Revised Code, property that is unclaimed for 90 days or more shall be sold by the Marshal, Police Chief or licensed auctioneer at public auction, after notice of the sale has been provided by publication once a week for three successive weeks in a newspaper of general circulation in the county or as provided in R.C. § 7.16. The proceeds of the sale shall be paid to the Treasurer and shall be credited to the General Fund of the municipality.
   (B)   If authorized to do so by an ordinance adopted by the Legislative Authority of the municipality and if the property involved is not required to be disposed of pursuant to another section of the Ohio Revised Code, the Police Chief or Marshal may contribute property that is unclaimed for 90 days or more to one or more public agencies, to one or more nonprofit organizations no part of the net income of which inures to the benefit of any private shareholder or individual and no substantial part of the activities of which consists of carrying on propaganda or otherwise attempting to influence legislation, or to one or more organizations satisfying IRC § 501(c)(3) or (c)(19).
(R.C. § 737.32) (Rev. 2012)
Cross-reference:
Disposition of unclaimed or forfeited property held by Police Department; regulations, see § 130.17
§ 34.13 EXPENSES OF STORAGE AND SALE; NOTICE.
   Upon the sale of any unclaimed or impounded property as provided in § 34.12, if any such unclaimed or impounded property was ordered removed to a place of storage or stored, or both, by or under the direction of the Police Chief or Marshal, any expenses or charges for the removal or storage, or both, and costs of sale, provided the same are approved by the Police Chief or Marshal, shall first be paid from the proceeds of the sale. Notice shall be given by registered mail 30 days before the date of sale to the owner and mortgagee, or other lien holder, at their last known address.
(R.C. § 737.33)
Cross-reference:
Disposition of unclaimed or forfeited property held by Police Department; regulations, see § 130.17
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