§ 46-7. [Disposition of abandoned personal property.]

(a)

Delivery to chief of police and compliance with this chapter. Every items of personal property taken up or coming into the possession of any police officer of the city in his official capacity as lost, stolen, or abandoned property, or otherwise, shall be delivered to the custody of the chief of police or the chief's designated representative and shall be stored and disposed of in accordance with the provisions of this section.

Property taken up as provided above shall be stored by the chief of police or the chief's designated representative in a suitable place to protect it from deterioration and held for a period of not less than three months, excepting, however, that perishable property may be sold at once as provided hereinafter.

(b)

Sale generally. At least every six months, the chief of police or the chief's designated representative shall sell, at public auction, to the highest bidder for cash, the property which has been taken up or stored for a period of three months or more as provided in this ordinance, such sales to be made after notice of the time and place thereof shall have first been given by publication of a notice once a week for two successive weeks in a newspaper of general circulation published in the city. The first publication of such notice of sale shall be at least 20 days before the sale. Each ordinance shall be sold separately and the person making the sale shall have the right to reject any and all bids, if the amount of the bid is unreasonably low, and shall have the right to continue the sale from time to time if all bids are rejected or if no bidders are present. The proceeds of any such sale shall be promptly paid into the general fund of the city. An internet auction shall be considered a "public auction" and may be conducted continuously after advertising.

(c)

Sale of perishable property. If property in the possession of the chief of police as provided in this ordinance is perishable, the chief of police or the chief's designated representative may sell such property at public or private sale at once, and without notice, in which case the proceeds shall be promptly paid to the city clerk and shall be held there for a period of six months for the account of the owner and, if not called for within that time, shall be converted into the general fund of the city.

(d)

Redemption by owner. The owner of any property taken up and stored under this ordinance, on proof of ownership, or any person having the legal right to possession thereof, upon proof of such right, may redeem the same at any time prior to the sale by paying the reasonable expense of taking up the property, handling its maintenance and storage, and a pro rata cost of the publication, if notice of sale has been published.

(e)

Records to be kept. The chief of police shall maintain a permanent storage record book containing a description of the property; the date of the taking of each piece of the property; the place where found and taken; the name of the person to whom the property is sold; and the price paid, if such property is disposed of by sale.

(f)

Disposition of property taken as evidence. Every items of personal property taken in as evidence in connection with the investigation of the breach of any law or ordinance, if unclaimed by the owner thereof for 30 days after the final disposition of the case wherein the property is held as evidence, shall be entered in the storage record book and thereafter disposed of as provided in this section.

(g)

Exceptions. The provisions of this section shall not apply to contraband or other property, the disposition of which is directed by statute, or to lost or abandoned personal property found within the city or within its police jurisdiction and left by the finder thereof with the police department pending the location of the true owner, but such property shall be disposed of according to the law in such cases made and provided.

(Ord. No. 546, 11-23-2015)