[Ord. No. 138 §71.010, 11-5-1984]
Every person desiring to secure a copy of an accident report
shall pay three dollars ($3.00) for each copy received. There shall
be a five dollar ($5.00) service fee for Civil Proceedings. All money
received by the Police Department for such reports shall be placed
in the Police Department petty cash fund. The Chief of Police shall
specify in the Operating Rules and Regulations what expenditures shall
be allowed from that fund. The Police Clerk shall keep a record of
receipts and disbursements.
[Ord. No. 138 §71.020, 11-5-1984]
The Chief of Police shall be responsible for purchases within
the Police Department. Purchases require his signature on a requisition
to be given to the City Clerk who will issue a purchase order.
[Ord. No. 138 §71.030, 11-5-1984]
The Chief of Police shall have the authority to request emergency
funds from the Mayor as the need arises.
[Ord. No. 294 §§1 —
2, 2-5-1990; Ord. No.
579 §§1 — 2, 11-17-1997; Ord. No. 697 §1, 10-1-2001; Ord. No. 830 §1, 10-15-2007]
A. This
Section applies to personal property in the possession of the Police
Department or Municipal Court, other than motor vehicles, real estate,
weapons, drugs or currency, the owner of which is unknown and cannot
be located through reasonable efforts.
1. The Chief of Police shall make reasonable efforts to locate owners
of personal property in the possession of the Police Department.
2. All items of personal property of the value of less than ten dollars
($10.00), which have been a possession of the Police Department for
a period in excess of thirty (30) days, shall be deemed abandoned
and may, at the option of the Chief of Police, be disposed of as follows:
a. Pursuant to the provision of Subsection
(A)(4) of this Section.
b. Items of a value of less than ten dollars ($10.00) and which, in
the opinion of the Chief of Police, the cost to the City of collecting
said items, advertising the sale of the items and auctioning the items
would exceed the proceeds received for the items, may be disposed
of pursuant to contract with a contractor who shall remove the items
from the possession of the Police Department and shall hold the City
harmless from any and all claims of personal injury or property damage
arising from the removal of the property or from claims by third (3rd)
parties claiming ownership to the property. Any item of property disposed
of pursuant to the contract shall not be subject to any other provisions
of this Chapter.
3. All items of unclaimed property of the value of more than ten dollars
($10.00), shall not be considered abandoned until the requirements
set forth in Chapter 447 of the Missouri Statutes are complied with.
In that respect, the Chief of Police shall make an affidavit before
the Judge of the Circuit Court of Scott County, Missouri, stating
when and where he/she found all unclaimed items valued in excess of
ten dollars ($10.00), that the owner is unknown to him/her, and that
he/she has not withheld or disposed of any part thereof. If, no owner
appears and proves the money or property within forty (40) days, after
the Judge of the Circuit Court has caused the list to be posted as
provided in Section 447.030, each item of property valued at less
than ten dollars ($10.00) shall be deemed abandoned. In the event
any item of property exceeds the sum of twenty dollars ($20.00), and
no owner claims the item within forty (40) days after the list has
been posted as directed by the Judge, Police Chief shall, within thirty
(30) days thereafter, cause a copy of the description to be inserted
in a newspaper of general circulation within the City, for three (3)
weeks, and if no owner proves the property within one (1) year after
such publication, the same shall be deemed abandoned.
4. The Chief of Police shall keep a current inventory of all unclaimed
and abandoned personal property in the possession of the Police Department.
When any personal property has been determined abandoned, as provided
above, it may be sold at public sale of if the items are of a type
that may benefit the City of Scott City, the item or items may be
transferred to the respective department for use. The respective department
head shall keep current the inventory of items turned over to that
department and is subject to inspection by the Chief of Police or
his/her delegate. The Chief of Police or his/her delegate shall keep
current an inventory of all items transferred to other departments
of the City, which is subject to inspection by the Mayor or his/her
delegate. Public sales shall be conducted as deemed necessary by the
Chief of Police of up to four (4) times per year. There shall be a
minimum of one (1) public sale per year, with all proceeds going into
the General Police Fund through the Municipal Court. If the property
to be sold is not salable, the Judge may order its destruction.
5. The public sale shall be held only after notice has been published
in a newspaper of general circulation, for two (2) insertions, being
the same day each week, and shall be held at a public place designated
by the Chief of Police. Such notices shall include the date, time
and place of such sale, but, need not describe the property to be
sold.
6. Individuals may reclaim personal property up to two (2) hours prior
to the beginning of the sale by a reasonable show of ownership to
the Chief of Police or his/her delegate. Once an item is sold, it
is considered forfeited.
B. Motor
vehicles, real estate, other property or currency seized as a result
of a criminal activity, forfeiture proceedings shall be conducted
pursuant to the provisions of the Criminal Activity Forfeiture Act
(CAFA) or Federal Forfeiture statutes for any felony. If any of the
above is unclaimed after ninety (90) consecutive days following all
legal hearings, trial proceedings, or all other legal processes involved
are completed, legal process shall begin to forfeit the property to
the Police Department. Any currency in the possession of the Police
Department, unclaimed after ninety (90) consecutive days, may be placed
in the General Police Fund by authority of the Municipal Judge.
C. All
drugs and paraphernalia not used in a display for training, the Chief
of Police or his/her delegate shall petition on the Court of jurisdiction
for disposal of the drugs and paraphernalia. Upon order, the drugs
and paraphernalia shall be disposed of by burning or rendering objects
unusable.
[Ord. No. 580 §1, 9-2-1997]
A. The
Chief of Police or his/her delegate shall dispose of all unclaimed,
abandoned, or forfeited firearms and dangerous and deadly weapons,
and all firearms and dangerous and deadly weapons turned in by individuals,
in the following manner:
1. If the firearm or dangerous and deadly weapon is of the type the
Chief of Police designates as equipments for the Police Department,
then the firearm or dangerous and deadly weapon may be utilized as
police equipment.
2. If the firearm or dangerous and deadly weapon is of historical value,
or of an unusual nature, the firearm or dangerous and deadly weapon
may be placed in the Police Department's display case for exhibition
purposes only.
3. All other firearms or dangerous and deadly weapons shall either be
destroyed, in such a manner, as to render them irreparable, and buried
in the City's landfill or disposed of in any other lawful manner.
B. The
Chief of Police or his/her authorized delegate, shall keep a current
inventory of all such items of this Section.
C. No
firearm shall be considered to be unclaimed or abandoned unless the
firearm is in the possession of the Police Department for ninety (90)
consecutive days. An individual may reclaim his/her firearm or dangerous
and deadly weapon only upon a reasonable showing of ownership. No
firearm or dangerous and deadly weapon shall be returned to a convicted
felon, to a minor, or any other individual not having the right of
possession. The ninety (90) consecutive day requirement shall not
begin to apply to a specific firearm or dangerous and deadly weapon
when the item is being held for evidence in a trial, or other legal
hearing, but, shall only begin to run when the trial or legal hearing
and all other processes involved are completed.