It shall be the duty of the police department, when personal
property is found abandoned upon the streets of the city, or found
without an owner claiming it, or, by reason of arrest, confiscation,
or in any other manner, comes into the hands of the police department
without a claimant, the department shall store it pending investigation
into the ownership of the personal property.
The police department, upon finding personal property or coming
into possession of the property, shall make diligent inquiry as to
the name and address of the owner, conditional vendor, or mortgagee
or any person interested in the property, and shall examine the personal
property for any information which will aid in the identification
of the personal property and in the identification of the owner, conditional
vendor, mortgagee, or other interested person.
(1)
Definition.
As used in this section, the term “unclaimed property”
means personal property that was seized as evidence, abandoned, found
or stolen, and has remained in the possession of the police department
for more than 60 days following conclusion of all criminal actions
related to the property or conclusion of the investigation if no criminal
action is filed.
(2)
All unclaimed property, excepting guns, shall be disposed of in accordance with the procedures in this section and in sections 2.756 and 2.758. Unclaimed guns shall be disposed of in accordance with the procedures for unclaimed property except as those procedures are specifically modified by section 2.760.
(3)
The
police department shall prepare an inventory describing the unclaimed
property and shall prepare a notice of intent to dispose of the unclaimed
property. The notice shall be posted in three public places within
the city, and shall also be published in a newspaper of general circulation
in the city. The notice shall include a description of the unclaimed
property as provided in the inventory, the address and telephone number
of the police department, and shall be in substantially the following
form:
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NOTICE OF INTENT TO DISPOSE OF UNCLAIMED PROPERTY
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THE SPRINGFIELD POLICE DEPARTMENT HAS IN ITS PHYSICAL POSSESSION
THE UNCLAIMED PERSONAL PROPERTY DESCRIBED BELOW. IF YOU HAVE ANY OWNERSHIP
INTEREST IN ANY OF THAT UNCLAIMED PROPERTY, YOU MUST FILE A CLAIM
WITH THE SPRINGFIELD POLICE DEPARTMENT WITHIN THIRTY DAYS FROM THE
DATE OF PUBLICATION OF THIS NOTICE, OR YOU WILL LOSE YOUR INTEREST
IN THAT PROPERTY.
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(4)
If the
police department has been able to identify an owner, conditional
vendor, mortgagee, or other person that the police department has
reason to believe has an ownership or security interest in any of
the unclaimed property, the police department shall send a copy of
the notice of intent to dispose of the unclaimed property to the identified
person by regular mail to the last known address of the person.
(5)
No sale or conversion to public use of unclaimed property shall take place until at least 30 days have elapsed from the date that the notice of intent to dispose of the unclaimed property has been both posted in three public places and published in the newspaper, and the date the notice was mailed if a mailed notice is required under subsection (4) of this section.
(6)
In addition
to the foregoing notice of intent to dispose of unclaimed property,
the police department shall also publish a notice of sale. The notice
of sale shall announce that the unclaimed property will be sold at
public auction to the highest and best bidder for cash, and shall
specify the location, day and time certain for the public auction.
The notice of sale shall be published at least two times in a newspaper
of general circulation in the city. The first publication shall be
not less than ten days prior to the sale date, and the second publication
shall be not less than three days prior to the sale date. If conversion
of the unclaimed property to public use is contemplated or intended,
the notice of sale shall include a statement that the city intends
to convert the unclaimed property to public use if such use appears
to be in the public interest.
[Section 2.754 amended by Ordinance No. 5903, enacted December 7, 1998]
(1)
If the
owner, conditional vendor, mortgagee or other person claiming an ownership
or security interest in the personal property or unclaimed property
submits a claim to the police department for the return of the property,
and the claim is submitted within the deadline stated in the notice
of intent to dispose of unclaimed property, and the chief of the police
department is satisfied that the claim is rightful, then the police
department shall surrender the property to the person. The claimant
may be required to submit evidence of the interest in the property
and to tender the costs of seizing, storing and preparing for the
sale of the property prior to the property being surrendered to the
claimant. If the chief of police is not satisfied that the claim is
rightful, then the person shall be notified by regular mail that the
claim is being denied. If the claim is denied, then no sale or conversion
to public use of the property shall occur until at least 30 days after
the date that the claim was denied and the notice of denial mailed.
(2)
If within 30 days of the date the claim was denied under subsection (1), the person files a petition with the Lane County circuit court seeking return of the property to the person, then the police department shall hold the property pending receipt of an order of the court directing disposition of the property or dismissing the petition or petitions with prejudice.
(3)
If a
claim is submitted to the police department for the return of the
property, and the claim is submitted after the deadline stated in
the notice of intent to dispose of unclaimed property but before a
sale or conversion to public use has taken place, then the chief of
police shall have discretion to surrender the property to the person,
or deny the claim and proceed with the scheduled sale or conversion
to public use of the property, or hold the property for disposal at
a later time, as the chief of police determines to be appropriate.
[Section 2.756 amended by Ordinance No. 5903, enacted December 7, 1998]
If no claims have been made before the time set for the sale or conversion to public use of the unclaimed property, or the claims have been denied in accordance with section 2.756 and no petition is pending in the Lane County circuit court, then the police department shall at the location and on the day and time designated in the notice of sale, and within view of the property to be sold, offer for sale and sell the property to the highest and best bidder for cash. The police department may contract with a private auctioneer to conduct the sale. The police department may set a minimum bid on the property, in which case, if no bid meets the minimum, the police department may retain the property for disposal at a later time. If notice of an intention to do so has been given as provided in section 2.754, and if conversion to public use appears to be in the public interest, then the police department may publicly declare the property to be converted to public use. A written record of the public use to which the property is to be devoted shall be reduced to writing and kept with the unclaimed property sale records.
[Section 2.758 amended by Ordinance No. 5093, enacted December 7, 1998]
(1)
Definition.
The term “gun” includes any firearm, rifle, shotgun, revolver,
pistol, air gun, air rifle, or any similar mechanism by whatever name
known which is designed to expel a projectile through a gun barrel
by the action of an explosive, gas, compressed air, spring or elastic.
The term unclaimed gun means any gun that was seized as evidence,
abandoned, found or stolen, and has remained in the possession of
the police department for more than 60 days following conclusion of
all criminal actions related to the gun or conclusion of the investigation
if no criminal action is filed.
(2)
The police department shall dispose of unclaimed guns using the same form of notice of intent to dispose of unclaimed property, the same notice posting, publication and mailing procedures, and all of the same other procedures specified for the disposition of unclaimed property in sections 2.754, 2.756 and 2.758, except as those procedures are specifically modified by the procedures specified in this section.
(3)
The notice of sale for unclaimed guns shall be the same as the notice of sale for unclaimed property specified in section 2.754(6) with the exception that the notice of sale for unclaimed guns shall announce and specify that only licensed weapons dealers shall be allowed to bid at the public auction. The notice of sale for unclaimed guns shall also specify that the unclaimed guns may be destroyed by the city if they are not sold or converted to public use by the city.
(4)
The sale or conversion to public use of unclaimed guns shall be the same as for the sale or conversion to public use of unclaimed property specified in section 2.758 except that only licensed weapons dealers shall be allowed to bid at the sale. If the police department intends to convert to public use the unclaimed guns, and such conversion to public use appears to be in the public interest, and notice of the intention to do so has been given in the notice of sale as required under section 2.754(6), then the police department may convert the unclaimed guns to public use and may use the converted guns to exchange for or as trade-in for weapons or ammunition to be used by the police department. A written record of the public use to which the gun is to be devoted shall be prepared and kept with the unclaimed property sales records. In the alternative, after council approval, the police department may destroy the gun. A written record of the destruction shall be prepared and kept with the unclaimed property sales records.
[Section 2.760 amended by Ordinance No. 5903, enacted December 7, 1998]
Upon the consummation of a sale under section 2.758 or section 2.760, the chief of police shall execute and deliver upon behalf of and in the name of the city a bill of sale signed as chief of police of the city, conveying the property in question to the purchaser, and simultaneously shall deliver possession of the property to the purchaser.
The proceeds of the sale shall be first applied upon storage,
towing bills, publication fees, and other costs of the keeping and
sale, and the balance shall go to the general fund of the city.
The owner or operator of any place in which personal property referred to in sections 2.750 to 2.772 has been stored by the police department shall on the first day of each calendar month render to the police department an inventory of all such property being held. The inventory shall include motor numbers, serial numbers, license numbers, make, model, and other descriptive information regarding the personal property.
(1)
For
the purpose of this section:
Identification number means a distinguishing
number placed on a bicycle or bicycle component by the manufacturer,
a police agency, or any other party.
(2)
When
a police officer discovers a bicycle, or a component thereof, from
which an identification number has been removed, defaced, covered,
altered, or destroyed, the officer may hold it for identification
and disposal as provided in this section.
(3)
If after
inspection an identification number is located, the police department
shall return the property to the person from whom it was seized if
ownership can be established.
(4)
If the
person from whom the property was seized cannot establish ownership
of the property, or if the identification number cannot be ascertained,
the police department shall take reasonable steps to determine who
the owner of the property is. The police department shall, by registered
or certified mail, notify any person who is determined to have an
interest in the property that they must appear at the police department
with proof of ownership within 30 days from the mailing of the notice,
and that failure to appear as required will cause the property to
be placed on public auction.
(5)
If proof of ownership is provided on/or before the expiration of the 30 day time period as referred to in subsection (4) of this section, the police department shall release the property to that person.
(7)
Upon the certificate of a judge or of the district attorney or of the city prosecutor that the ends of justice will be subserved, the bicycle, or a component thereof, shall be preserved by the police department until the necessity for its use ceases, at which time the provisions of subsection (6) shall apply for the disposal of the bicycle or component thereof.
