City of New Berlin, WI
Waukesha County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of New Berlin 10-10-2000 by Ord. No. 2124 as Secs. 11.14 and 11.15 of the Municipal Code. Amendments noted where applicable.]

§ 198-1 Disposal of abandoned property.

[Amended 2-14-2006 by Ord. No. 2297]
A. 
After taking possession of any property which has been abandoned or unclaimed and which has been in the possession of the City for a period of not less than 30 days after the taking of said possession, the Chief of Police or his designee may order disposal of the property in accordance with this ordinance and § 66.0139, Wis. Stats.
B. 
As a distinct alternative, all unclaimed or abandoned property may be disposed of through a public auction, sale bid by contract, a trade on other property to be acquired by the City or retention for use by the City. The Police Department shall maintain an inventory of the property, including a record of method of disposal, including the consideration received for the property, if any, and the name and address of the person taking possession of the property.
C. 
A sale via public auction may include the sale of items via a public auction website via the Internet using a third party to assist in the sale of the items, provided that a list shall be preserved of the articles so sold, the price for which each item was sold, and the names of the owners or supposed owners from whom the articles were taken or received. Three days’ notice shall be given to the public in the official newspaper of the City that unclaimed items will be placed with an Internet auction site. It shall not be necessary to publish a list of the articles to be sold, but it shall be sufficient to give notice that the unclaimed articles remaining at the police station, which have remained unclaimed for 30 days, will be sold at auction via the Internet, naming the website and giving the beginning date of any such sale. The City shall also endeavor to include a copy of the notice on its official City website, although failure to do so shall not void any sale.
D. 
As a distinct alternative to the foregoing, the Chief of Police or his designee may sell abandoned or unclaimed property at public auction to the highest bidder, for cash, of all articles that shall have been left or retained at the police station and that shall have remained unclaimed for a period of not less than 30 days after the taking of possession of the article by the City and which have not otherwise been sold or disposed of as otherwise provided for in this section. Three days’ notice of the time and place of such sale shall be given by publishing a notice in the official newspaper of the City. It shall not be necessary to publish a list of the articles to be sold, but it shall be sufficient to give notice that the unclaimed articles remaining at the police station, which have remained unclaimed for 30 days, will be sold at public auction at the time and place mentioned in the notice. The City shall also endeavor to include a copy of the notice on its official City website, although failure to do so shall not void any sale.
E. 
The Chief of Police may, if he deems it to be in the best interest of the City, dispose of the property through an agreed amount of sale or gift pursuant to § 66.0139, Wis. Stats.
F. 
The proceeds of all sales under this section shall be paid to the Director of Finance and Administration and credited to the general City fund or as otherwise directed by the Common Council.

§ 198-2 Obsolete, disused, worn out and scrapped equipment.

A. 
In the event that any property belonging to the City Police Department shall have become obsolete, disused, worn out or scrapped such that it is determined such material or equipment is not usable by any municipal department within the city, the Police Department shall at the option of the city take charge and control of such property for the purpose of sale or disposal at a public or private sale as hereinafter provided.
B. 
If the value of the property to be sold is more than $100, the Police Department shall advertise for bids for a period of at least one day per week for a period of at least three consecutive weeks in any newspaper having a general circulation in the city and, at the conclusion of such time, the property shall be awarded to the highest responsible bidder. Additionally, the Police Department may dispose of city material, equipment or supplies by such other means as deemed in the best interest of the city, including disposal of the property either through an agreed upon amount of sale or as a gift, pursuant to the provisions of § 66.0139, Wis. Stats.
C. 
Whenever the estimated value of the property to be sold is less than $100, the Police Department may, without advertising, sell the property for the highest reasonable offers obtainable; provided, however, that a list of the material or equipment to be sold in this manner shall be provided to local newspapers for publication at the newspaper's option.
D. 
The proceeds of all sales under this section shall be paid into the hands of the Director of Finance and Administration and credited to the general city fund or as the City Council shall designate.
[Amended 7-23-2002 by Ord. No. 2180]

§ 198-3 Exceptions.

The provisions of this chapter are not applicable to the disposition of unclaimed or abandoned flammable, explosive or incendiary devices and unclaimed or abandoned weapons, firearms, ammunition or similar things.

§ 198-4 Violations and penalties.

Except where otherwise provided herein, any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder, upon conviction thereof, shall be subject to a penalty as provided by Chapter 1, General Provisions, § 1-18 of this Code.