Chapter 3.05
POLICE DEPARTMENT PROPERTY

3.05.010 Purposes.

The purposes of this chapter are to establish a local ordinance for the care, restitution, sale or destruction of unclaimed property in the possession of the Foster City Police Department in accordance with Civil Code Section 2080.4. (Ord. 403 § 1 (part), 1994)

3.05.020 Found property—Return to owner.

The police department shall notify the owner, if his or her identity is reasonably ascertainable, that it possesses the property and where it may be claimed. (Ord. 403 § 1 (part), 1994)

3.05.030 Found property—Retention.

The city police department shall retain found property for a period of no less than three months. (Ord. 403 § 1 (part), 1994)

3.05.040 Found property—Return to finder.

If the property was found by any public employee in the course of employment, the property will not be returned to the finder. If the found property is not claimed within three months and the value of the item is less than fifty dollars, the property shall be returned to the finder. If the property has a value of fifty dollars or more, after holding the property for three months, the police department will cause notice of the property to be published at least once in a local paper of general circulation. If after seven days following first publication, no owner appears and proves ownership, ownership will transfer to the finder, after the finder pays the cost of the advertisement. (Ord. 403 § 1 (part), 1994)

3.05.050 Stolen or embezzled property.

Property which is determined to have been stolen or embezzled will be returned to the owner as outlined in the Penal Code. If the owner of the property cannot be ascertained or located, the property shall be disposed of in the same manner as found property. (Ord. 403 § 1 (part), 1994)

3.05.060 Property disposal.

Property which has been held the required time and is ready for disposal shall be disposed of in one of the following manners:

A.    If the property is of use to the city, ownership will be transferred to the city.

B.    The property may be sold at public auction, providing that at least five days prior to the auction, notice of the sale is published in a newspaper of general circulation.

C.    Property remaining after being offered at auction may be destroyed.

D.    Bicycles and/or toys may be transferred to the Department of Social Services or other group as outlined in Section 217 of the Welfare and Institutions Code.

E.    Illegal weapons, contraband, liquor or any item deemed unsuitable for public auction by the chief of police will be destroyed. (Ord. 403 § 1 (part), 1994)

3.05.070 Property—Auctions.

Property to be disposed of at public auction may be combined with surplus city owned equipment for sale. Such sale may be conducted by the city or by a private company hired to auction city materials. The proceeds from any such auction shall be returned to the general fund. (Ord. 403 § 1 (part), 1994)