ARTICLE 2. PROPERTY IN POLICE CUSTODY

10-201. DEFINITION.

Property in police custody in the corporate limits of the city of Tonganoxie, Kansas, shall be handled in a manner prescribed by state law and city ordinance in accordance with this article. (Ord. 1293)

10-202. DETERMINATION OF ABANDONED PROPERTY; AUTHORITY TO SELL.

Any personal property recovered by the police department in the conduct of its authorized duties and activities or abandoned on the streets of the city shall be considered as abandoned personal property and shall be subject to sale by the city if held by the city for more than 30 days. This provision shall not apply to abandoned vehicles nor property seized pursuant to the Kansas Standard Asset Seizure and Forfeiture Act, K.S.A. 60-41-1, and amendments thereto. (Ord. 1293)

10-203. NOTICE OF SALE; AUCTIONS.

The police department shall be authorized to sell, by auction, whether by direct auction or consignment, to the highest bidder for cash, such property as may be abandoned, except as set forth in section 10-204. If it is fiscally responsible, an auction will be held annually. In the event the amount of accumulated property to be disposed of makes it fiscally impractical or irresponsible, the property may be donated to a not-for-profit organization.

(a)    Abandoned property may be disposed of on a consignment basis, provided the notice requirements of this section are satisfied before such sale occurs.

(b)    At such time as it has been determined that an auction is necessary to dispose of abandoned property, the inventory listing all property to be disposed of shall be placed on file in the police department.

(c)    Notice of an auction shall be published at least twice in a newspaper of general circulation prior to the date of the auction. At least one such publication shall be at least 10 days prior to the date of the sale.

(d)    The notice shall specify the date, time, and place of the auction, as well as provide a general description of the types of items to be auctioned. The notice shall also explain to prospective buyers or potential claimants that a comprehensive list of items to be auctioned is available at the police department and any claims on property must be made prior to the start of the auction.

(Ord. 1293)

10-204. EXEMPT PROPERTY.

The following classes of property are exempt from the provisions of section 10-202 and shall be dealt with in the following manner:

(a)    Cash. Cash money shall be transferred to the city clerk to deposit in the recovered property fund except in the case where the cash possesses a collectors’ value, in which case it shall be auctioned according to the provisions of this article.

(b)    Firearms. Firearms that are available for disposition may be dealt with in the following manner, in accordance with K.S.A. 21-4206 and amendments thereto, or in accordance with the most current state statute:

(1)    Returned to the owner upon acceptable proof of ownership or registration; or

(2)    Retained by the police department for internal use; or to be sold under the guidelines of the most current state statute;

(3)    Dismantled for parts for the internal use of the police department; or

(4)    Traded to another law enforcement agency for their internal use; or

(5)    Traded or given to the Kansas Bureau of Investigation for law enforcement training, comparison, or destruction by the Kansas Bureau of Investigation forensic laboratory; or

(6)    Destroyed.

(c)    Weapons. All other weapons not outlined in subsection (b) of this section shall be destroyed, unless specifically authorized by the judge of the municipal court to do otherwise.

(d)    Contraband. Any items determined to be contraband shall be destroyed.

(e)    Pharmaceuticals. Items of a pharmaceutical nature, which, while not contraband when properly dispensed, or which are of an over-the-counter nature, shall be destroyed.

(f)    Food. Foodstuffs, if sealed and undamaged, may be donated to an appropriate social service agency or destroyed, but shall not be auctioned. If unsealed or damaged all food items shall be destroyed.

(g)    Alcohol. Alcoholic liquor or cereal malt beverage products shall be destroyed.

(Ord. 1293)

10-205. PROCEEDS OF SALE (AUCTION).

The proceeds of any sale or auction, after meeting expenses of said sale or auction, shall be transferred to the city clerk for deposit into the general fund of the city. (Ord. 1293)

10-206. CLAIMING PROPERTY; PROOF OF OWNERSHIP.

Unless the property is of such a nature that this code requires destruction, the police department shall be required to make a reasonable effort to locate the owner of any property in storage. However, the responsibility for claiming and identifying any such property shall rest solely with the owner. Claimants to any such property in police storage shall be required to present reasonable proof of ownership and no property shall be released unless such reasonable proof is presented to the chief of police or his/her designee. (Ord. 1293)