[HISTORY: Adopted by the Common Council of the City of New
Lisbon 4-2-2001 as Title 3, Ch. 4, of the 2001 Code. Amendments noted where applicable.]
A.
Definition.
(1)
Surplus City property is that property which is owned by the City
of New Lisbon and which has no further usefulness to the City. An
item of property shall be considered to have no further usefulness
when:
(a)
The item or its function has been totally replaced by other
City property and no probable future function exists for it;
(b)
The City no longer performs the service for which the item was
purchased and no other service can reasonably be provided by the item;
or
(c)
The item is no longer able to reliably or economically perform
the work required of it.
(2)
Surplus City property as defined in this section shall not include:
(a)
Land or buildings but shall include fixtures and such salvage as
may be taken from a building without structural damage when such fixtures
and salvage are not part of a demolition contract.
(b)
Property which is obtained by the City as a result of abandonment
or loss by the property's original owner.
(c)
Items of property which are traded in for newer items.
(d)
Library materials used by the public library for lending purposes.
B.
Reporting. Each department will file with the City Clerk-Treasurer
on an annual basis a preprinted form stating what property is currently
held by each department and that property which is ready for disposal.
C.
Disposition of surplus City property.
(1)
All property owned by the City of New Lisbon which is no longer used
or is unclaimed property which has been surrendered to various City
departments, as well as other property which has been confiscated
by the Police Department, shall only be disposed of on a quarterly
basis as follows:
(2)
In the event of a public auction or sale by sealed bid, the item
will be sold in "as is" condition to the person submitting the highest
bid; provided, however, that a lower bid submitted by a nonprofit
organization or governmental agency may be accepted by the City Clerk-Treasurer.
The department head responsible for the item shall determine the time
in which the successful bidder must remove the item. In the event
that the item is not removed within that time, the item shall revert
to the City and the amount of the bid shall be forfeited to the City.
In the event that no bids are received, the item shall be disposed
of as directed by the City Clerk-Treasurer.
(3)
The City Clerk-Treasurer shall, within 10 days of sale, auction or
accepting bids, advertise such sale, auction, or bids in the official
newspaper of the City of New Lisbon.
D.
Determination of fair market value. Whenever this section requires
a determination of the fair market value of an item of property, that
determination shall be made by the department head responsible for
the property, whose decision shall be final.
E.
Authority to dispose of property.
(1)
Except for library materials used by the public library for lending
purposes, only the City Clerk-Treasurer may dispose of City property
which is not surplus City property.
(2)
Whenever this section provides for an auction or other disposition
of any property, the City Clerk-Treasurer shall be authorized to hire
an auctioneer or take such other action as is necessary to properly
dispose of the property; provided, however, that the fees of such
auctioneer and all such costs, other than those for City labor and
the use of City property, do not exceed the payment received by the
City from the auction or sale of the property.
A.
City custody of lost or abandoned property.
(1)
Property which appears to be lost or abandoned, discovered by officers
or turned in to the Chief of Police by citizens, shall be disposed
of according to this section.
(2)
Lost and abandoned property will be examined by the Chief of Police
for identifying marks in an attempt to determine the owner. If identifying
marks are present, they shall be used by the Chief of Police to attempt
to contact the owner to return the property. If no identifying marks
are present, the property shall be taken into custody by the Chief
of Police.
(3)
No City employee shall keep for his or her own use property found
in the course of duty, nor take possession of property during off-duty
hours when the discovery was made while on duty.
(4)
The Chief of Police shall permit citizens to claim lost property
if they can provide sufficient proof that they are rightful owners.
(5)
No City employee shall receive any lost, stolen, abandoned or other
unclaimed property from the Chief of Police, unless that person receives
a written receipt signed by the Chief of Police, a copy of which shall
remain with the City Clerk-Treasurer.
(6)
Such property in the possession of the Police Department shall be
disposed of pursuant to Department policies.
B.
Disposal procedures.
(1)
Classes of property. All property which has been abandoned, lost
or remained unclaimed for a period of 30 days after the taking of
possession of the same by the City shall be disposed of as follows,
except that if the property is usable for City operations, the property
need not be sold at auction but may become the property of the City:
(a)
Vehicles. Vehicles shall be disposed of as set forth in the applicable provisions of Chapter 473 of this Code of Ordinances.
(b)
Intoxicating liquor and fermented malt beverages. Intoxicating
liquor and fermented malt beverages shall be destroyed.
(c)
Firearms, ammunition and explosives. Firearms or ammunition
shall be returned to its rightful owner, destroyed, or transferred
to the State Crime Laboratory, the Division of Law Enforcement Services
of the Department of Justice, the Federal Bureau of Investigation
or the Bureau of Alcohol, Tobacco, Firearms and Explosives of the
United States Department of Justice. Any explosive, flammable, or
other material proving a danger to life or property may be disposed
of immediately upon taking possession thereof. The Chief of Police
and the Fire Chief, after consulting with the County Sheriff's
Department, are hereby authorized to determine the disposal procedure;
provided, however, that any such procedure will attempt to return
to its rightful owner any such material which appears to have been
stolen.[1]
(e)
Illegal property. Property which cannot be legally possessed
shall be destroyed.
(2)
Lost property. Property which is found by persons and delivered to
the Chief of Police for the purpose of locating the former owner shall
not be considered abandoned or unclaimed under this section until
30 days after mailing to the person finding the property a notice
that he/she may claim ownership of said property. The Chief of Police
shall determine what portion, if any, of the property or its value
shall be given the finder. This provision shall not apply to any City
employee finding property in the regular course of his employment.
(3)
Payment to City treasury. All sums received from the sale of property
under this section shall be paid to the City treasury.
