Sec. 32-21. - Certification to purchasing agent.

If property seized or taken possession of by the police department of the city is not claimed by the rightful owner thereof and possession surrendered to such owner within sixty (60) days from the date of the final disposition of the court proceedings in connection with which such property was seized or otherwise taken possession of, or, in case there are no court proceedings, then if such property so seized or taken possession of shall not be claimed by the rightful owner thereof and possession surrendered to such owner within sixty (60) days from the date of such seizure or taking by the police, the chief of police shall, except as otherwise provided in this article, within one (1) year, certify to the city's director of purchasing a list of such property, showing a description of such property, the date of seizure or taking possession thereof, that the listed property is not necessary to any court action and that no person has claimed ownership thereof.

(Ord. No. 1680, § 1; Code 1961, § 2-135; Ord. No. 6001-04)

Sec. 32-21.1. - Unclaimed property deemed to be of use to the city and other public agencies.

Any unclaimed property which the chief of police or his designee deems to be of use to the city or another public agency may be retained by the city and assigned to any department, office or agency of the city or transferred to another public agency which can use the said property upon written authorization of the chief of police or his designee after the passage of sixty (60) days from the date of the final disposition of the court proceedings in connection with which such property was seized or taken possession of; or, in case there are no court proceedings, it may be so retained after sixty (60) days from the date of such seizure or taking, all conditioned upon the failure of the rightful owner, if any, to claim said property within the stated time periods.

(Ord. No. 3117-84; Ord. No. 4271-91)

Sec. 32-22. - Publication and posting of description of property and notice of sale.

(a)

Upon receipt of a certified list referred to in section 32-21, the city's director of purchasing shall publish or cause to be published once a week, for two (2) successive weeks, in a newspaper published or having general circulation in the city, a description of the property in question, with the date of seizure or the taking possession thereof, and shall give notice that if such property is not claimed by the rightful owner thereof within ten (10) days from the date of such second publishing, such property will be sold at public auction at such place as the city's director of purchasing may direct and in such a manner as to expose to the inspection of bidders all property so offered for sale.

(b)

In addition to the publication of notice provided for in subsection (a) of this section, the city's director of purchasing shall post or cause to be posted, in at least three (3) public places in the city, a copy of the notice published in the newspaper, and shall make a record of the date when such publication and the posting of notices are made.

(c)

This section shall not apply to such perishable or bulky property as is provided for in section 32-24

(Ord. No. 1680, § 1; Code 1961, § 2-136; Ord. No. 6001-04)

Sec. 32-23. - Sale generally.

If, within ten (10) days from the date of publication and posting, as referred to in section 32-22, no claim for the property described in such notice has been made by the rightful owner thereof, the city's director of purchasing shall proceed to sell such property at public auction.

(Ord. No. 1680, § 1; Code 1961, § 2-137; Ord. No. 6001-04)

Sec. 32-23.1. - Guns.

Notwithstanding any other provisions of this division, all guns remaining unclaimed in the custody of the police department on the day specified in the notice published in accord with section 32-22 may be confiscated for use by the department, or may be exchanged for more suitable police weapons or supplies for use by the department, or may be destroyed, whichever to the chief of police may seem proper. The disposition determination by the chief of police shall be in writing. In addition, a detailed record shall be maintained by the chief of police regarding the manner in which such unclaimed guns were utilized, exchanged or destroyed.

(Ord. No. 3369-85)

Cross reference— Carrying concealed weapons; when lawful to carry, § 43-2.

Sec. 32-24. - Procedure in case of perishable, bulky, etc., property.

If any property seized or taken possession of by the police department is of a perishable nature or so bulky or of such nature as to make it dangerous or inadvisable to retain possession thereof for the length of time specified in section 32-21, upon a certificate of such fact by the chief of police setting forth the reasons why such property should not be retained for the period fixed before selling same, the city's director of purchasing shall cause such property to be advertised forthwith, one (1) time, in a newspaper published or having general circulation in the city, and shall sell such property at public auction at any time after three (3) days shall have elapsed from the date of such publication.

(Ord. No. 1680, § 1; Code 1961, § 2-138; Ord. No. 6001-04)

Sec. 32-25. - Disposition of proceeds of sale.

The proceeds of any sale made as provided in this article shall be paid into the city treasury and credited to the city's general fund.

(Ord. No. 1680, § 1; Code 1961, § 2-139)

Sec. 32-26. - Disposal of property of no value.

Any property seized or taken possession of by the police department which, in the opinion of the chief of police or his designee, has no value, shall be disposed of in the same manner as any waste product after the passage of sixty (60) days from the date of the final disposition of the court proceedings in connection with which such property was seized or otherwise taken possession of; or, in case there are no court proceedings, it may be so disposed of within sixty (60) days of such seizure or possession, all conditioned upon the failure of the rightful owner, if any, to claim said property within the stated time frames.

(Ord. No. 3117-84)

Secs. 32-27—32-41. - Reserved.