(a) Property which has been lost, abandoned, stolen or lawfully seized or forfeited, and which is in the custody of the Police Division, shall be safely kept pending the time it is no longer needed as evidence, 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 to notify them when and where it may be claimed. In the absence of evidence identifying persons entitled to custody, it is sufficient notice to advertise 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:
(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 light of the nature of the property or the circumstances of such person, it is unlawful for him or her to acquire or possess it.
(Ord. 77-27. Passed 5-2-77.)
(d) Unclaimed and forfeited property in the custody of the Police Division shall be disposed 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 given to a law enforcement agency for that purpose. Firearms that are museum pieces or collectors' items may be sold at public auction pursuant to subsection (4) hereof. Other firearms and dangerous ordnance shall be destroyed.
(3) Obscene materials shall be destroyed.
(4) Other unclaimed or forfeited property may be sold at public auction or disposed of as the Mayor or Court considers proper in the circumstances.
(Ord. 82-30. Passed 5-3-1982.)
(e) Except as otherwise provided herein, the proceeds from the property disposed of pursuant to this section shall be deposited in the Law Enforcement Trust Fund.
(1) Pursuant to Ohio R.C. 2981.13(C)(1), there is hereby created a Law Enforcement Trust Fund into which shall be deposited the proceeds from the sale of contraband after the payment of:
A. Costs of forfeiture procedure;
B. Any balance due on any security interest; and
C. The costs of seizing for storage, maintenance, security and forfeiture of the property.
(2) Pursuant to Ohio R.C. 2981.13(C)(2)(a) and, upon the approval by the Safety Director, the Police Department may use the funds of the Law Enforcement Trust Fund for the payment of:
A. The costs of protracted or complex investigations or prosecutions;
B. To provide reasonable technical training or expertise;
C. To provide matching funds to obtain Federal grants to aid law enforcement; or
D. To pay the costs of emergency action relative to the operation of illegal methamphetamine laboratories if the forfeited property or money involved was that of a person responsible for the operation of the laboratory; or
E. Such other law enforcement purposes as Council determines to be appropriate.
(Ord. 87-5. Passed 1-20-1987; Ord. 2010-67. Passed 11-1-2010.)
(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 Division to keep and dispose of lost, abandoned, stolen, seized or forfeited property under any other applicable ordinance.
(1982 Code, § 139.09) (Ord. 77-27. Passed 5-2-1977.)