Chapter 3.14
ABANDONED AND UNCLAIMED PROPERTY
Sections:
3.14.010 Abandoned and unclaimed property designated.
3.14.030 Use of proceeds from sale.
3.14.010 Abandoned and unclaimed property designated.
For purposes of this section, abandoned and unclaimed property consists of property in the possession of the police department which has not been disposed of by court order, is not required as evidence in legal proceedings or investigations, has remained unclaimed for at least thirty (30) days, and it cannot be determined who the rightful owner is or the rightful owner declines return of the property. (Ord. 2131-08 § 2 (part), 2008)
3.14.020 Disposal procedures.
Property found, collected or confiscated by the police department in the course of police department operations and determined by the chief of police or his designee, in accordance with this chapter and department procedure, to be abandoned or unclaimed shall be disposed of as provided below:
A. Firearms which are determined by the chief of police to serve a departmental purpose for investigation, training or public instruction may be retained by the department upon compliance with the provisions of Title 27, Code of Federal Regulations, Section 179.104, for a period of time determined to be appropriate by the chief.
B. Firearms and ammunition shall be disposed of in accordance with Section 968.20, Wisconsin Statutes.
C. Property items which are determined by the chief of police to serve departmental or city purposes of investigation, training, public instruction or administration may be retained by the department or the city. The chief or his designee shall maintain records with regard to property items retained. Such records shall provide the following:
1. The date on which the determination was made to retain the property;
2. A description of the property, including serial numbers, if any;
3. A description of the circumstances under which the property was obtained and those steps taken to identify the rightful owner;
4. A description of the departmental or city purpose for which the property has been retained.
D. Property which is determined by the chief of police or his designee to be of such character and condition as to have a market value or commercial value in normal business usage may be sold on the basis of auction, competitive bids, consignment or through acceptance of an offer to purchase.
E. Property items determined by the chief of police or his designee to be of such character and condition as to have no inherent or individual market value or commercial value in normal business usage shall, in the discretion of the chief or his designee, be destroyed or sold by auction or sold in bulk to a contractor on the basis of competitive bids. Records shall be maintained by the chief or his designee with regard to such property and shall note the following:
1. A description of the property;
2. The date of sale or destruction;
3. The method of disposal;
4. The consideration received for the property, if any;
5. The name and address of the person taking possession of the property.
The records of sales or destruction shall be maintained as public records for a period of not less than two years from the date of disposal of the property. (Ord. 2131-08 § 2 (part), 2008)
3.14.030 Use of proceeds from sale.
The proceeds of any sale of abandoned or unclaimed property shall be deposited by the city treasurer to the general account of the city. (Ord. 2131-08 § 2 (part), 2008)
3.14.040 Abandoned vehicles.
Abandoned vehicles shall be deemed abandoned pursuant to the language of Section 342.40, Wisconsin Statutes, after forty-eight (48) hours and may be disposed of pursuant to the provisions of said section. Any vehicle to be sold shall be sold by auction sale or sealed bid as deemed appropriate in the given instance by the chief of police or his designee, which individual shall act as the duly authorized representative of the city for statutory purposes. (Ord. 2131-08 § 2 (part), 2008)