City of Oakdale, CA
Stanislaus County
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Table of Contents
Table of Contents
[Ord. No. 344, §§ 1 through 12; Ord. No. 648, § 3; amended 10-1-2018 by Ord. No. 1261]
The Chief of Police shall make provision for receiving and safekeeping found property and money delivered to him or coming into his possession. Any found property or money delivered to any police officer of the City shall be deemed to be received by the Chief of Police. A receipt shall be issued to the person delivering such property or such money. The Chief of Police shall maintain an inventory record of all found property and money coming into his possession, showing the date of receipt, where the property is stored, and the eventual disposition of such property. A duplicate copy of such inventory shall be furnished by the Chief of Police to the office of the City Administrator. The Chief of Police shall furnish a quarterly revision of such inventory showing receipts and disposition of found property and money to the office of the City Administrator.
With the exception of firearms and other property specifically regulated by statute any unclaimed property held by the Police Department of the City shall be held by the Police Department for a period of at least 90 days, and after said property has been held for the period as above set forth, such property shall be sold at the public auction to the highest bidder or disposed pursuant to the sections of this chapter.
During the ninety-day period the property may be delivered or the money paid to the true owner. Such property shall be delivered upon proof of ownership satisfactory to the Chief of Police after 10 days' notice by mail to the person who delivered such property and to others who have asserted a claim of ownership at any address given by such persons. Such money shall be paid to the true owner upon written order to the Director of Finance and City Treasurer from the Chief of Police. The Chief of Police shall make such order upon the same proof of ownership and with the same notice as prescribed in the case of property. Charges for the care of the property or money not exceeding 10% of the value of the property or the amount of the money may be charged for its safekeeping. If ownership cannot be determined to the satisfaction of the Chief of Police he may refuse to deliver such property or order the payment of such money to anyone until ordered to do so by a court.
If the true owner does not appear during the ninety-day period and claim the property or money, it may be delivered back to the person who delivered it to the Chief of Police if at the time of delivery such person indicated in writing that he wished to assert a claim to the property or money as a finder. Charges may be imposed as provided in the preceding section.
All money received by the Chief of Police and not delivered to the true owner during the ninety-day period or to the finder shall within 30 days thereafter be deposited in the general fund.
Property deemed by the Chief of Police to have no monetary or salvage value may be destroyed after being held as provided for in § 33-2 of this article. Other property received and not delivered to the true owner or finder shall be disposed of by public auction or appropriation to the use of the City not less than five days after a notice describing the articles to be disposed of and announcing the date, time and place of the auction is published once in a newspaper of general circulation, printed, published and circulated in the City.
Any costs or charges for keeping or depositing the property or money and the costs or charges for the advertising and sale shall be a proper charge against the City.
Any articles of property to be appropriated to the use of the City shall be made available to the department in need thereof upon approval of such appropriation by the Purchasing Officer of the City.
The Director of Finance shall conduct the auction and after an auction is completed the Director of Finance shall deposit all proceeds therefrom in the general fund.
Any property advertised and offered for sale but not sold and not suitable for appropriation to the use of the City shall be deemed to be of no value and shall be disposed of in such manner as the City Administrator directs.
Any property coming into the possession of the Chief of Police which he determines to be dangerous or perishable may be disposed of immediately, without notice, in such manner as he determines to be in the public interest.
This chapter shall not apply to property held by the Chief of Police as evidence. Evidence in criminal cases held by the Chief of Police shall be received, accounted for, and disposed of strictly in accordance with the statutes of the state relating to the safekeeping and disposition of evidence in criminal cases.