ARTICLE V. LOST AND STOLEN PROPERTY

82-100 Scope of article.

The provisions of this article shall apply to all stolen or other property confiscated or found by any officer in the possession of any person arrested or charged with a violation of the law, all property or money confiscated on suspicion of having been feloniously obtained or being the proceeds of a crime and for which there is no other claimant than the person from whom it was taken, all lost property coming into the possession of the police department, and all property and money taken from pawnbrokers as the proceeds of crime, or from any insane or intoxicated person otherwise incapable of taking care of himself. The property shall be deposited, handled and accounted for under regulations and rules prescribed by the chief of police, and all such property remaining unclaimed shall be disposed of in accordance with the provisions of this article.

(Code 1985, § 16-68)

82-101 Public notice required prior to claims by finder.

The finder of money or property turned over to the police department may, within 30 days from the date of finding such money or personal property, cause notice to be published once in a newspaper of general circulation within the city that such money or personal property has been found, and notify the owner that he may recover such property upon application to the police department, making satisfactory identification of himself and the lost property, and paying for the cost of the publication of the advertisement. If any finder shall fail to give notice of such finding within the time limit, he shall forfeit all claims to any property rights in the found money or personal property which he might otherwise have had upon termination of the custody of the police department.

(Code 1985, § 16-69)

82-102 Records to be kept.

Whenever any lost money or other personal property shall be received by the police department, a record of receiving such property shall be entered in a book kept for that purpose. The record shall contain a description of the money (numbers and amount) or personal property found, the place where found or confiscated, date of finding or confiscation, and the name and address of the person by whom so found or confiscated. Numismatic items shall not be treated as currency but as personal property.

(Code 1985, § 16-70)

82-103 Notification of owner when known.

(a)    If the identity of the owner shall be learned while such property is in the custody of the police department, the police department shall notify the owner that his money or personal property has been found and is in the possession of the police department. Such owner shall be advised that he must claim the money or personal property within 30 days from the date of notification or he shall have forfeited any claim to the return of such money or personal property.

(b)    Any person making a claim for the return of lost money or personal property shall establish his ownership to the satisfaction of the police department and such money or personal property shall be returned to him upon payment of any cost of advertising by the finder and the expenses incurred by the police department.

(Code 1985, § 16-71)

82-104 Disposition of property when no claims pending.

After any lost money or personal property (except bicycles and minibikes) shall have been in the custody of the police department for six months, and in the case of bicycles or minibikes which have been in the custody of the police department for two months, and the owner shall not have been found or has abandoned his claim to the money or personal property, and there being no claim of ownership pending against such money or personal property, the money or personal property shall be returned by the police department to the finder thereof, if the finder shall have complied with the provisions of this article regarding lost money or personal property.

(Code 1985, § 16-72)

82-105 Disposition of stolen or unclaimed property and contraband.

Any illegal contraband, stolen or other recovered property (except money, bicycles and minibikes), including that which has been found and turned over to the police department, which has been held for six months, and in the case of bicycles and minibikes which have been held for two months, and to which there are no claims pending and no finder or owner having any rights therein, shall be inventoried by the chief of police or his representative and sold at public auction, reserving the right to reject any and all bids. Such inventory shall exclude all types of property covered by state or federal law as to manner of disposition.

(Code 1985, § 16-73)

82-106 Time and location of auction.

The public auction shall take place whenever, at the discretion of the chief of police, the property received under this article has accumulated in such amount as to make it economical and necessary for the efficient conservation of manpower and space. The auction shall take place at a location which is convenient for all concerned, such determination to be made by the chief of police or other persons in charge.

(Code 1985, § 16-74)

82-107 Public notice of auction.

Notice of the time and place of the public sale shall be given by publishing notice thereof once in a newspaper of general circulation within the city and the posting of such notice for ten days prior to sale in three conspicuous public places in the city.

(Code 1985, § 16-75)

82-108 Property connected with criminal litigation.

No property being held in connection with criminal litigation shall be disposed of until the police officer assigned to that case shall sign a release on a form developed and provided by the chief of police.

(Code 1985, § 16-76)

82-109 Claim of property by owner.

Until the date of sale, the property received under this article by the police department, including money, may be claimed by the owner at the police department. If ownership is proved, the chief of police shall turn the property over to the owner and cancel the sale insofar as the claimed property is concerned.

(Code 1985, § 16-77)

82-110 Disposition of proceeds of sale; auctioneer license not required.

(a)    The chief of police or other authorized person shall conduct the public sale and shall deposit the proceeds of the sale, after deducting the cost of the sale, together with any other money included in the notice, with the treasurer, to be credited to the city general fund.

(b)    The seller or auctioneer under this article is specifically exempt from the provisions of this Code providing for auctioneer license and permit.

(c)    The city may purchase property at any public sale under this article in the same manner as any other bidder.

(Code 1985, § 16-78)

82-111 Unsold or valueless property.

Inventoried property which is of insignificant or no value and property not sold at the public auction shall be destroyed or returned to the finder. Discretion as to the value of such goods, for the purposes of this section, shall be exercised by the chief of police or his authorized agent.

(Code 1985, § 16-79)

82-112 Claim after property sold.

If, within six months after the sale of property or receipt of money under this article, the owner of the property files with the chief of police claim for such property or money, and proves his right to such property or money, the chief of police shall request the treasurer of the city to pay the money or the amount received for the property to the owner.

(Code 1985, § 16-80)

82-113 Liability to owner of property.

Any person disposing of property in the manner provided by this article shall not be liable to the owner thereof except as provided in this article.

(Code 1985, § 16-81)