141.12 DISPOSITION OF PROPERTY HELD BY POLICE.

   (a)    Property which has been lost, abandoned, misplaced, stolen or lawfully seized or forfeited, and which is in the custody of the Police Department, shall be safely kept pending location of the rightful owner or the time it is no longer needed as evidence, 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. 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 may have to possession of property:

      (1)    Which was the subject of a conspiracy or was used in a conspiracy or an attempt to commit an offense or the commission of an offense other than a traffic offense. Such person is a conspirator, accomplice or offender with respect to the offense,

      (2)    When, in light of the nature of the property or special circumstances pertaining to the person possessing such property, it is unlawful for him or her to acquire or possess it.

   (d)    Property unclaimed for ninety days and forfeited property in the custody of the Police Department shall be disposed of on application to and order of the Mayor 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 suitable for sporting use, or as museum pieces or collectors' items, maybe sold at public auction pursuant to subsection (d)(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 considers proper in the circumstances.

   (e)    The proceeds from property disposed of pursuant to this section shall be placed in the general fund of the City.

   (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 City to keep and dispose of lost, abandoned, stolen, seized or forfeited property under an ordinance of the City.

   (g)    The Mayor shall forward to Council a certified inventory of all property disposed of pursuant to this section and shall state the manner of disposition.

(Ord. 130-73. Passed 12-27-73.)