The following rules and procedures are hereby established to govern the disposition of property and evidence held by the Police Department:
(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, or be kept in custody, and shall be 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 when and where it may be claimed.
(c) A person loses any right he may have to possession of the following 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 to acquire or possess it.
(3) When forfeiture is authorized or directed by a court of law, or applicable State or Federal law.
(d) (1) Unclaimed or forfeited property in the custody of the Police Department may be disposed of on order of the Mayor, as follows:
A. 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.
B. Liquor and/or other alcoholic beverages shall be destroyed, or placed in the custody of the State Department of Liquor Control for disposal under applicable State law.
C. Firearms and dangerous ordnance suitable for police work may be appropriated by the Police Department for that purpose. Firearms suitable for sporting use, or as museum pieces or collectors' items, may be sold at public auction pursuant to subsection (d)(5) herein. Other firearms and dangerous ordnance shall be destroyed. The Police Department shall dispose of all firearms which it presently has in its custody and which have been lost, abandoned, stolen, or lawfully seized or forfeited, and are no longer needed as evidence, by appropriation or destruction in accordance with the provisions of Ohio R.C. 2933.41.
D. Obscene materials shall be destroyed.
E. Other unclaimed or forfeited property may be sold at public auction, or otherwise disposed of as the Mayor considers proper in the circumstances.
F. The proceeds of property disposed of pursuant to this section shall be placed in the General Fund of the City.
G. This section does not apply to the collection, storage, or disposal of abandoned junked motor vehicles.
(2) The Chief of Police is also hereby authorized to sell certain confiscated or abandoned property at public auction from time to time as the Chief of Police shall deem necessary or appropriate. The Chief of Police is hereby authorized to advertise for the sale of said confiscated or abandoned property as provided by law and to set the time and date of said sale. The Chief of Police shall report to Council the results of said sale in a timely fashion after the sale has been concluded.
(e) The Mayor shall appoint a "property/evidence custodian" and an "assistant property/evidence custodian," and shall designate certain areas for control and storage of evidence and property in police custody.
(f) The Chief of Police shall promulgate and adopt certain policies and regulations governing the property storage, safeguarding, processing, controlling, and disposition of property and evidence in the custody of the City Police Department, to properly implement the provision of this section.
(Ord. 1989-51. Passed 8-21-89.)