[HISTORY: Adopted by the Town Board of the Town of Ellicott 12-5-1984
as L.L. No. 4-1984. Amendments noted where applicable.]
All lost or abandoned property or property stolen or suspected of having
been stolen or property being or suspected of being the proceeds of crime
coming into the custody of any police officer or of any magistrate in the
town shall be delivered to the custody of the Police Department by such police
officer or by order of such magistrate, to be held pending determination of
its ownership or other disposition, and shall be registered in a book kept
for the purpose containing, among other things, the name and address of the
person from whom taken; a description of the property; the place and time
of seizure, with the general circumstances; the name and address of the police
officer or magistrate by whom delivered; the name and address of the owner,
if ascertained, and, if not, the claimants thereto; and the final disposition
thereof.
Lost or abandoned property so received and not stolen or suspected of
having been stolen and not being or suspected of being the proceeds of crime
shall be delivered to the owner upon proof of ownership and upon payment of
the reasonable charges incurred by the Department in connection with the taking
and possession thereof, and the Chief of Police may require a bond from the
claimant to indemnify the town and all members of the police force and employees
of the Police Department against all claims, demands, suits, costs and damages
arising by reason of or in any manner growing out of the delivery of the property
to the claimant. If such property is of slight value or if the possession
of it by any person is prohibited by law or if, for the possession of it,
a permit or license is required by law or if the retention of it by the Department
might endanger public health or safety, the Chief of Police may order the
destruction thereof.
Stolen property or property suspected of having been stolen or property
being or suspected of being the proceeds of crime shall be held by the Police
Department pending the determination of ownership thereof, as provided in
the Criminal Procedure Law or by other legal action or proceeding.
The disposition of unclaimed property shall be made in accordance with
the provisions of § 253 of the Personal Property Law. Proceeds from
the disposition of unclaimed property or, if such unclaimed property shall
be money, said money shall be delivered by the Chief of Police to the Town
Treasurer for deposit in the general fund of the town.
