A. Authority: The chief of police is authorized to dispose of personal property or money or legal tender as provided in this section, which has come into the possession of the chief of police, in any manner if:
1. The owner of the personal property or money or legal tender is unknown or has not claimed the property;
2. The property or money or legal tender has been in the custody of the chief of police for at least ninety (90) days; and
3. The property or money or legal tender, or any part thereof, is no longer needed to be held as evidence or for any other purpose in connection with any litigation.
B. Sale Of Personal Property: The chief of police shall file an application in the district court of Woodward County, requesting the authority of the court to conduct a sale of the personal property which has a fair market value of more than its face value. The chief of police shall attach to the application a list describing the property, including any identifying numbers and marks, the date the property came into possession of the chief of police, and the name of the owner and the person in last possession, if different, and the address of the person, if known. The chief of police shall comply with the requirements of 11 Oklahoma Statutes section 34-104, as amended, for the orderly disposal of unclaimed property.
C. Money Or Legal Tender To General Fund: All money or legal tender which has come into possession of the chief of police pursuant to the circumstances provided for in subsection A of this section shall be transferred by the chief of police to the city clerk for deposit in the city general fund. Prior to any transfer, the chief of police shall file an application in the district court requesting the court to enter an order authorizing the chief of police to transfer the money for deposit in the city general fund. The application shall describe the money or legal tender, the date the same came into the possession of the chief of police, and the name of the owner and the address of the owner, if known. The chief of police shall comply with the requirements of 11 Oklahoma Statutes section 34-104, as amended, for the orderly disposal of money or legal tender.
D. Exceptions: The provisions of this section shall not apply to any dangerous or deadly weapons, narcotic or poisonous drugs or explosives, or any property of any kind or character which the possession of is prohibited by law. By order of the trial court, any property filed as an exhibit or held by the city shall be destroyed or sold or disposed of pursuant to the conditions prescribed in the order.
E. Lost And Found Property Registration: The chief of police is hereby authorized to establish a procedure for the registration of "lost and found" property. The procedure shall give the finder of any property the option of relinquishing any future claim to found property at the time its possession is surrendered to the police or other agent of the city, or of retaining the possession of the property after registering its description and the finder's identity with the police department or other agent of the city. Only property which the finder relinquishes any future claim to its ownership will be stored in city police property rooms. (2001 Code § 38.01; amd. 2012 Code)