CHAPTER 33: POLICE DEPARTMENT
Section
Disposition of Unclaimed Property
33.01 Authority to dispose of property
33.02 Sale notice; claiming property before sale
33.05 Transfer of property to city
33.07 Claims by owner after sale
33.08 Claims by owner after transfer
Disposition of Firearms and Related Equipment
33.20 Applicability of provisions
Cross reference:
Central Oregon Law Enforcement Services Agreement, see T.S.O. Table IV
Residency requirements for emergency personnel, see Ch. 34
DISPOSITION OF UNCLAIMED PROPERTY
33.01 AUTHORITY TO DISPOSE OF PROPERTY.
Whenever the Chief of the Police Department has sufficient property to make the sale thereof financially feasible, in his/her possession, the ownership of which is unknown, and which is unclaimed for 30 days after the property came into his/her possession, he/she shall request authority to dispose of it as provided in this subchapter.
(’91 Code, § 1-5.1) (Ord. 928, passed 10-25-88)
33.02 SALE NOTICE; CLAIMING PROPERTY BEFORE SALE.
The City Council shall act upon the request of the Chief of Police within 30 days after the receipt of the request. If the request is to have the property disposed of by public sale, and if the Council approves the request, the Chief of Police shall cause to be posted written or printed notice of sale in three public places within the city at least ten days before the sale. The notice shall describe the property and shall state the time and place of public sale at which the property may be purchased by the highest bidder. Until the date of the sale, the property may be claimed 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. Any money that comes into the possession of the Chief of Police, the ownership of which is unknown and which is unclaimed for 30 days after the money came into his/her possession, may be transferred to the City’s General Fund.
(’91 Code, § 1-5.2) (Ord. 928, passed 10-25-88)
33.03 SALE BIDDERS.
Members of the City Council and officials and employees of the city shall not be allowed to bid at the sale.
(’91 Code, § 1-5.3) (Ord. 928, passed 10-25-88)
33.04 SALE; SALE PROCEEDS.
The Chief of Police or his/her designee shall conduct the sale and shall deposit the proceeds thereof in the City Treasury to the credit of the City General Fund. The cost of the sale shall be paid from the City General Fund.
(’91 Code, § 1-5.4) (Ord. 928, passed 10-25-88; Am. Ord. 1033, passed 4-9-96)
33.05 TRANSFER OF PROPERTY.
In lieu of a sale of the property under the foregoing provisions of this act, the Chief of Police, with the approval of the City Council, may transfer any portion of unclaimed property to the city for use by the city. Use by the city shall include the city using the property itself or transferring the property if the City Council determines it is advantageous to the city to transfer the property.
(’91 Code, § 4-5.5) (Ord. 928, passed 10-25-88)
33.06 WORTHLESS PROPERTY.
If the Chief of Police or his/her designee determines after investigation that any item of property which comes into the possession of the City Police Department has insubstantial commercial value, the Chief of Police or his/her designee may destroy or otherwise dispose of the property. The property shall not be destroyed or otherwise disposed of until it has been in the possession of the City Police Department for at least 30 days prior to the destruction or disposition.
(Ord. 1032, passed 3-26-96)
33.07 CLAIMS BY OWNER AFTER SALE.
If the property is sold as provided herein and if within six months after the sale, the owner of the property files with the City Council a claim for the property and proves his/her right to the same, the Council shall direct that the amount received for the property, less expenses of the sale, and less the cost of any improvements to the property shall be paid to the owner from the City Treasury. The Council shall not approve any claims filed more than six months after the sale.
(’91 Code, § 1-5.6) (Ord. 928, passed 10-25-88)
33.08 CLAIMS BY OWNER AFTER TRANSFER.
If the property is transferred to the city in lieu of sale it may be claimed by the lawful owner thereof at any time within six months from the transfer to the city if the city still owns the property. Upon the payment to the city of any costs of any improvement to the property, the property shall be returned to the lawful owner. The council shall not approve any claims filed more than six months after the transfer.
(’91 Code, § 1-5.7) (Ord. 928, passed 10-25-88)
33.09 DISPOSAL OF PROPERTY.
The Chief of Police, in disposing of the property in the manner provided herein, shall not be liable to the owner thereof. Any property which has been offered at auction without sale thereof, and which the Chief of Police deems to be without value, may be disposed of or destroyed at the discretion of the Chief of Police.
(’91 Code, § 1-5.8) (Ord. 928, passed 10-25-88)
33.10 VEHICLE INVENTORIES.
The contents of all impounded vehicles shall be inventoried in accordance with the following procedure:
(A) An inventory of personal property and the contents of open containers will be conducted throughout the passenger and engine compartments of the vehicle including, but not limited to, the glove box, other accessible areas under or within the dashboard area, any pockets in the doors or in the back of the front seat, in any console between the seats, under any floor mats and under the seats.
(B) In addition to the passenger and engine compartments as described above, an inventory of personal property and the contents of open containers will also be conducted in the following locations:
(1) Any other type of unlocked compartments that are a part of the vehicle including, but not limited to, unlocked glove compartments, unlocked vehicle trunks and unlocked car top containers; and
(2) Any locked compartments including, but not limited to, locked glove compartments, locked vehicle trunks, locked hatchbacks and locked car-top containers, provided the keys are available and are to be released with the vehicle to the third-party towing company or an unlocking mechanism for such compartment is available within the vehicle.
(C) Closed containers located either within the vehicle or any of the vehicle’s compartments will not be opened for inventory purposes except for the following, which shall be opened for inventory: wallets, purses, coin purses, fanny packs, personal organizers, briefcases or other closed containers designed for carrying money or small valuables, or closed containers which are designed for hazardous materials.
(D) Other closed containers shall be opened and inventoried if the owner acknowledges they contain cash in excess of $10, valuables or a hazardous material.
(E) Any valuables, to include cash in excess of $10 or property valued at more than $200, located during the inventory process will be listed on a property receipt and stored in this agency’s property/evidence room. A copy of the property receipt will either be left in the vehicle or tendered to the person in control of the vehicle if such person is present.
(F) The inventory is not a search for evidence of a crime; however, officers shall seize evidence or contraband located during the inventory. Items should be scrutinized to the extent necessary to complete the inventory.
(G) Tow truck operators are to receive a copy of the tow report.
These inventory procedures are for the purpose of protecting an owner’s property while in police custody, to provide for the safety of officers, and to protect the Department against fraudulent claims of lost, stolen, or damaged property.
This policy is also found in Prineville Police Department Policy Manual Section 510.6.
(Ord. 1203, passed 4-22-14)
DISPOSITION OF FIREARMS AND RELATED EQUIPMENT
33.20 APPLICABILITY OF PROVISIONS.
This subchapter pertains to firearms and related equipment that come into the possession of the City Police Department.
(Ord. 1040, passed 1-14-97; Am. Ord. 1218, passed 10-13-15)
33.21 DEFINITIONS.
As used in this subchapter, RELATED EQUIPMENT includes but is not limited to holsters, magazines, and ammunition.
(Ord. 1040, passed 1-14-97; Am. Ord. 1218, passed 10-13-15)
33.22 DISPOSITION METHODS.
(A) Firearms and related equipment may be retained by the City Police Department for use by the Police Department as the Department deems necessary.
(B) The firearms and related equipment may be traded to federally licensed firearms dealers for firearms and/or other equipment needs of the City Police Department.
(C) The firearms and related equipment may be traded to other law enforcement agencies for equipment of approximately equal or greater value.
(D) The firearms and related equipment may be sold to federally licensed firearms dealers with the proceeds to go to the City General Fund for funding police equipment needs.
(E) If the Chief of Police so determines, any of the firearms or items of equipment may be destroyed.
(Ord. 1040, passed 1-14-97; Am. Ord. 1218, passed 10-13-15)
33.23 DISPOSITION REPORTING.
The City Police Department shall furnish the City Council, not less than annually, a report listing: (A) all firearms and related equipment that have been sold, traded, or destroyed; (B) the type of disposition for each item; and (C) the date of disposition of each item. Such report shall set out each firearm and related equipment item that was disposed of since the last disposition date shown on the most recent disposition report furnished to the City Council.
(Ord. 1040, passed 1-14-97; Am. Ord. 1218, passed 10-13-15)
33.24 RECORDS.
All firearms and related equipment shall be inventoried by the City Police Department. Records shall be kept by the City Police Department of all sales, trades, and other disposition of all firearms and related equipment that are subject to this subchapter.
(Ord. 1040, passed 1-14-97; Am. Ord. 1218, passed 10-13-15)