[Code 1964, § 21-38; Ord. No. 2208 § 1, 2-2-2012]
All property or money alleged or supposed to have been feloniously
obtained, which is not required by law to be turned over, surrendered
or delivered to some officer, official or department of the county,
state, or some political subdivision thereof, or which shall be lost
or abandoned, and which shall be thereafter taken into the custody
of any member of the police force, or the police court of the city,
or which shall come into such custody, shall be, by such member, or
by order of the police court, given into the custody of the chief
of police, and kept by him.
[Code 1964, § 21-39; Ord. No. 2208 § 1, 2-2-2012]
All stolen, lost or abandoned property and money delivered to
the custody of the chief of police shall be particularly registered
by the chief of police in records kept for that purpose, which shall
contain a description of the property, the name or names of the person
or persons from whom such property or money was taken, the name or
names of all claimants thereto, the place where found, the time of
the seizure, the date of the receipt, the general circumstances connected
therewith and any final disposal of such property and money.
[Code 1964, § 21-40; Ord. No. 2208 § 1, 2-2-2012]
Upon satisfactory evidence of the ownership of stolen, lost or abandoned property given into the custody of the chief of police under the provisions of section 21-86, the chief of police shall deliver the same to the owner, his heirs or legal representatives, and to him or them only; except that if it be proved impracticable for such owner, his heirs or legal representatives to appear, then the property or money may be delivered and receipted for upon such proof of ownership, and the filing with the chief of police of a duly executed power of attorney from the owner, his heirs or legal representatives.
[Code 1964, § 21-41; Ord. No. 2208 § 1, 2-2-2012]
Whenever property or money shall be taken from any person arrested,
and shall be alleged to have been feloniously obtained, or to be the
proceeds of crime, and whenever so brought with such claimant, and
the person arrested, before any court for trial, and the court shall
be satisfied from evidence that the person arrested is innocent of
the offense alleged, and that the property rightfully belongs to such
person, the chief of police shall, upon satisfactory evidence or proof
of ownership of the property or money, deliver the property or money,
if he has it, to the accused person.
[Code 1964, § 21-42; Ord. No. 2208 § 1, 2-2-2012]
If any claim to the ownership of any property or money taken from an arrested person, as provided in section 21-89, shall be made on oath to the chief of police or any court, by or in behalf of any other person than the person arrested, and the accused person shall be held for trial or examination, such property or money shall remain in the custody of the chief of police until the discharge or conviction of the person accused.
[Code 1964, § 21-43; Ord. No. 2208 § 1, 2-2-2012]
All property or money taken on suspicion of having been feloniously obtained, or of being the proceeds of crime, and for which there is no other claimant than the person from whom such property or money was taken, and all lost property coming into possession of any member of the police force, and all property and money taken from pawnbrokers as the proceeds of crime or from persons supposed to be insane, intoxicated or otherwise incapable of taking care of themselves, shall be transmitted as soon as practicable to the chief of police to be fully registered, as provided for in section 21-87, and advertised as provided in section 21-103 for the benefit of all parties interested.
[Code 1964, § 21-44; Ord. No. 2208 § 1, 2-2-2012]
All property or money of deceased persons coming into the custody
of the chief of police or member of the police force shall be delivered
to the legal representative or representatives of the deceased person
or to the public administrator in the absence of a legal representative.
[Code 1964, § 21-45; Ord. No. 2208 § 1, 2-2-2012]
Horses or other animals coming into the custody of members of
the police force or the chief of police, which are unclaimed and the
owner cannot be readily located, shall be turned over to rabies control
of the county or other proper governmental agency thereof.
[Code 1964, § 21-46; Ord. No. 2208 § 1, 2-2-2012]
When animals or articles of property (except perishable property)
other than money, delivered into the custody of the chief of police
as the proceeds of crime, are shown by sufficient evidence to be necessary
for the current use of the owner, and not for sale, the chief of police
may place the same in the custody of the owner, upon sufficient bond
being given by the owner in the sum of double the value of the property,
conditioned for the production of the same at any time within one
(1) year, when required for use in court as evidence in any proceedings
thereon; provided, that where such property is evidence in any case
pending before any court other than the police court of the city,
such property shall not be released without a written order from such
court or officers in charge of the prosecution of such case.
[Code 1964, § 21-47; Ord. No. 2208 § 1, 2-2-2012]
Perishable property coming into the custody of the chief of
police may be delivered to the owner on ample security being taken
for his appearance to prosecute the case; provided that, when such
property is evidence in any case pending any court, other than the
police court of the city, such property shall not be released without
a written order from such court or the official in charge of the prosecution
of such case.
[Code 1964, § 21-48; Ord. No. 2208 § 1, 2-2-2012]
When large quantities of goods held for sale by the owner come
into the custody of the chief of police as the proceeds of crime,
the same may be delivered to the owner, his heirs or legal representative
upon ample security to prosecute the case; provided, that when such
property is evidence in any case pending in any court, other than
the police court of the city, such property shall not be released
without a written order from such court or the official in charge
of the prosecution of such case.
[Code 1964, § 21-49; Ord. No. 2208 § 1, 2-2-2012]
If any property or money placed in the custody of the chief
of police shall be desired as evidence in any police or other criminal
or civil court, such property shall be delivered to any officer who
shall present an order to that effect from such court; but such property
shall not be retained in the court, but shall be returned to the chief
of police to be disposed of according to the provisions of this article.
[Code 1964, § 21-50; Ord. No. 2208 § 1, 2-2-2012]
Any property or money returned to the chief of police as the
proceeds of crime, and which shall not be called for as evidence by
a proceeding by any court within one (1) year from the date of the
receipt of the property by the chief of police, unless specially claimed
by the owner within that time, shall be thereafter treated as other
unclaimed, abandoned or lost property or money, as provided in this
article.
[Code 1964, § 21-51; Ord. No. 2208 § 1, 2-2-2012]
All foods, vegetables or fruits, referred to herein as perishable
property, coming into the custody of the chief of police under the
provisions of this article, and which are unclaimed, shall be sold
at once and the proceeds of such sale turned over to the treasurer
of the city for deposit in the general revenue fund.
[1]
Editor's Note: Ord. no. 2208 § 1, adopted February
2, 2012, repealed section 21-100 "abandoned motor vehicles or other
vehicles to be removed from public streets and alleys" in its entirety.
Former section 21-100 derived from Code 1964, § 21-52.
[Code 1964, § 21-53; Ord. No. 2208 § 1, 2-2-2012]
All money coming into the custody of the chief of police under
the provisions of this article shall be turned over to the city treasurer
for deposit in the general revenue fund.
[Code 1964, § 21-54; Ord. No. 2208 § 1, 2-2-2012]
Except as otherwise provided by law, if within one (1) year
any rightful owner or his legal representative appears and proves
ownership to any property or money in the custody of the chief of
police, as provided for in this article, and pays all reasonable charges,
the chief of police shall restore such property or money, or the proceeds
from the sale of such property, to such owner, and take a receipt
therefor; provided, that if the money has been turned over to the
city treasurer, or if the property has been sold and the proceeds
turned over to the city treasurer for deposit in the general revenue
fund prior to the time the rightful owner provided ownership to such
money or property, then the city treasurer shall restore to the rightful
owner the money or the proceeds from the sale of the property, less
any expense or other reasonable charges incurred by the city in making
the sale or caring for the property.
[Code 1964, § 21-55; Ord. No. 2208 § 1, 2-2-2012]
(a)
The chief of police after retaining for forty (40) days the receipt
of all stolen, lost or abandoned property other than motor vehicles,
having a value of twenty dollars ($20.00) or more or money in the
amount of twenty dollars ($20.00) or more coming into his custody
shall cause within thirty (30) days thereafter such property or money
to be advertised by three (3) consecutive insertions in a weekly newspaper,
or one (1) insertion each week for three (3) consecutive weeks in
a daily newspaper of general circulation in the city or the county.
(b)
If no owner appears and proves such money or property within forty
(40) days, and the value exceeds twenty dollars ($20.00), the finder,
if he be other than a police officer, or police official, shall, within
thirty (30) days thereafter cause a copy of the description to be
inserted in some newspaper in this state for three (3) weeks; and
if no owner proves the money or property within one (1) year after
such publication, the same shall vest in the finder, if he be other
than a police officer or police official.
[Code 1964, § 21-56; Ord. No. 2208 § 1, 2-2-2012]
All property, except perishable property as herein defined, animals and motor vehicles, and other vehicles as defined in section 21-98 that shall remain in the custody of the chief of police for a period of one (1) year, without any lawful claimant thereto, over the amount of twenty dollars ($20.00) shall be sold at public auction and the proceeds from such sale shall be turned over to the city treasurer for deposit in the general revenue fund; provided, that such public auction is advertised for three (3) weeks immediately preceding such auction sale by three (3) consecutive insertions in a weekly paper, or one (1) insertion each week for three (3) consecutive weeks in a daily newspaper having general circulation in the city or the county.
