Chapter 2.24
FORFEITURE OF PERSONAL PROPERTY
Sections:
2.24.030 Disposal of spirituous liquor.
2.24.040 Disposal of property used in the commission of a crime.
2.24.050 Disposal of other property.
2.24.070 Conversion to Town use.
2.24.080 Certificate of ownership, sale.
2.24.090 Town employees excluded.
2.24.010 Definitions.
A. In this chapter, unless the context otherwise requires:
1. "Abandoned property" means that personal property to which the owner has relinquished all right, title, claim, and possession, with the intention of not reclaiming it or resuming its ownership, possession or enjoyment.
2. "Finder" means a person, not an owner, who accidentally and lawfully comes into possession of personal property. A finder cannot be an employee of the Town.
3. "Lost property" means personal property which the owner has casually and involuntarily parted with and does not know where to find or recover it. Lost property shall not include property which has been intentionally concealed or deposited in a secret place for safe keeping.
4. "Owner" means the person in whom is vested the legal right, ownership, dominion, or title of personal property. Owner may also include a person in whose favor there is a security interest or who is the beneficiary of a perfected lien or an encumbrance pertaining to an interest in personal property, but such person shall not have rights superior to the owner who is not a secured party.
5. "Personal property" means that kind of property which usually consists of things tangible and movable which is not real property. In addition, as used in this chapter, personal property shall not include motor vehicles or animals.
6. "Spirituous liquor" includes alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, porter, ale, beer, any malt liquor, malt beverage, absinthe or compound or mixture of any of them, or any of them with any vegetable or other substance, alcohol, bitters, bitters containing alcohol, and any liquid mixture or preparation, whether patented or otherwise, which produced intoxication, fruits preserved in ardent spirits, and beverages containing more than one-half of one percent of alcohol by volume.
7. "Stolen property" means that personal property which has been unlawfully taken and carried away without right or pretense of title, and without leave or consent of the owner.
8. "Weapon" means any firearm, spring gun, air gun or gas operated gun or any other like device, capable of discharging a dangerous or deadly missile, or any other thing designed for lethal use or which is capable of inflicting serious bodily injury. Weapon shall not include a firearm in permanently inoperable condition. (Ord. 91-86 § 1)
2.24.020 Disposal of Weapons.
A. All weapons, explosives, or other dangerous instruments which are seized by police officers in the line of duty and forfeited in accordance with Title 13, Arizona Revised Statutes, shall be disposed of in accordance with Title 13, Arizona Revised Statutes.
B. All weapons, explosives or other dangerous instruments which are seized, confiscated or impounded as a result of an arrest pertaining to the commission of a crime may be returned to a person when permitted by law after such person is adjudged not guilty or where all criminal charges are dismissed.
C. If the owner of a lost, abandoned or stolen weapon cannot be located within ninety (90) days from the date such weapon comes into police custody, the weapon shall be returned to the finder where permitted by law. If the finder does not want the weapon or the finder fails to respond to notices, the weapon shall become the property of the Town of Pinetop-Lakeside Police Department. (Ord. 91-86 § 2)
2.24.030 Disposal of spirituous liquor.
A. Spirituous liquor seized by a police officer in the line of duty pursuant to a violation of any federal, state or local law shall be destroyed by the Police Department sixty (60) days following the conviction of the owner or possessor of such spirituous liquor.
B. In the event that such person is found not guilty or in the event that all criminal charges against such person are dismissed, the spirituous liquor may be returned to the owner where permitted by law.
C. Lost, abandoned or stolen spirituous liquor that is in the possession of the Police Department may be returned to the owner where permitted by law. (Ord. 91-86 § 3)
2.24.040 Disposal of property used in the commission of a crime.
Upon the conviction of any person for the violation of a criminal offense as defined in Title 13, Arizona Revised Statutes, personal property which was seized, confiscated or otherwise impounded by police officers in the line of duty shall be destroyed or otherwise disposed of in accordance with Title 13, Chapter 39, Arizona Revised Statutes. (Ord. 91-86 § 4)
2.24.050 Disposal of other property.
A. Lost, abandoned or stolen personal property received or in the custody of the Police Department shall be retained for a period of ninety (90) days. During this ninety (90) day period, the Police Department shall make reasonable attempts to identify the owner of such personal property and to notify the owner that the personal property is in the custody of the Police Department. Personal property shall be returned to the owner upon satisfactory proof of ownership.
B. In the event that an owner does not respond to notices concerning personal property, or in the event that an owner disclaims interest or otherwise declines to reclaim the personal property, the personal property shall be offered to the finder.
C. In the event that personal property is offered to a finder, a finder shall be entitled to notice. In the event that a finder fails to respond to such notice within thirty (30) calendar days from the date of notice, the personal property shall be considered forfeited and may be sold at public auction, may become the property of the Town, or may be destroyed. (Ord. 91-86 § 5)
2.24.060 Disposal of Money.
A. Money or currency, excepting rare coins or coins or currency with numismatic value, which is received or in the custody of the Police Department, shall be deposited in the general fund of the Town through the Town Finance Director where an owner or finder does not claim or reclaim possession of such money or currency.
B. Rare coins or coins and currency with numismatic value shall be disposed of in accordance with the provisions of Section 2.24.050. (Ord. 91-86 § 6)
2.24.070 Conversion to Town use.
Personal property that has not been reclaimed by an owner or claimed by a finder in accordance with the provisions of this chapter, may be converted to Town ownership and use. (Ord. 91-86 § 7)
2.24.080 Certificate of ownership, sale.
A. On delivery of personal property to a finder in accordance with the provisions of this chapter, the Chief of Police or his or her designee shall execute a certificate of ownership of the property to the finder which certificate shall pass title of the property to the finder.
B. On delivery of personal property to a purchaser of any property sold under the provisions of this chapter, a certificate of ownership shall be issued by the Chief of Police or his or her designee which certificate shall pass title of the property to the purchaser.
C. On delivery of personal property or other forfeiture of personal property to the Town, a certificate of ownership shall be issued by the Chief of Police or his or her designee to the Town which certificate shall pass title of the property to the Town. (Ord. 91-86 § 8)
2.24.090 Town employees excluded.
Employees of the Town who find or otherwise come into possession of lost, abandoned or stolen property shall not claim any right, title or interest in the personal property. A Town employee shall not qualify as a finder of personal property pursuant to this chapter. (Ord. 91-86 § 9)
2.24.100 Notices.
A. Notice shall be given to owners and finders (if applicable) of personal property before such property may be sold or otherwise disposed of in accordance with the provisions of this chapter. Such notices shall provide at least the following information:
1. A description of the property;
2. The approximate date the property was seized, received or put in the custody of the Police Department;
3. The date on which the personal property will be sold or otherwise disposed of if not claimed;
B. Notices shall be sent to owners and finders (if applicable) by:
1. Personal service;
2. Mailing a copy of the notice by certified mail to the current address;
3. In the event that a current address is not known, by posting a notice in a public place within the Town Office of the Town of Pinetop-Lakeside.
C. A maximum of two notices shall be made to an owner of personal property.
D. Only one notice shall be made to the finder of personal property.
E. Owners and finders of personal property shall claim or make arrangements to claim personal property no later than the date specified in the notice or within fifteen (15) days of the time of personal service, mailing of written notice, or posting of a written notice which ever comes later. (Ord. 91-86 § 10)
2.24.110 Records.
A. The Police Department shall keep property invoice records concerning all property seized, received or otherwise in the possession of the Police Department. Such records shall contain the following:
1. A description of all personal property seized, received or otherwise in the possession of the Police Department pursuant to the provisions of this chapter.
2. A description of notices sent to owners and finders (if applicable) pursuant to this chapter.
3. Information concerning the sale or other disposal of the personal property.
B. Records maintained pursuant to this section shall be maintained for a minimum of one year after the sale or other disposal of the personal property. (Ord. 91-86 § 11)