A.
Purpose: The purpose of this chapter is to provide for the disposition of disposable and destructible property that comes into the possession of the Anchorage Police Department.
(AO No. 2009-111, § 1, 9-29-2009)
For the purposes of this chapter, unless otherwise provided, the following words when used in this chapter, shall have the meanings ascribed to them in this section:
means fixed ammunition or cartridge cases, primers, bullets, shotgun shells, or propellant powder designed for use in any firearm, including antique firearms, or armor piercing ammunition.
has the same definition as 18 U.S.C. § 921(a)(16) and amendments thereto.
means any wheeled device primarily designed to be propelled by human power, including tricycles and unicycles, platform scooters and may be motor-driven assisted.
means infectious agents, microorganisms, blood borne pathogens, or hazardous biological materials, or chemicals that present a risk, potential risk, or a hazardous condition to the health of humans, animals or the environment.
means the Anchorage Police Department Chief of Police or an authorized designee.
has the same meaning as set forth in 18 U.S.C. § 2256 and amendments thereto.
means the date ten days after the disposition deadline date.
means money, ingots, a precious metal commodity, artifact or any other item considered collectible or perceived to have an above average monetary market value.
means a fraternal, charitable, religious, benevolent, or other non-profit organization, actively operating in the Municipality of Anchorage, and is exempt from taxation under the Internal Revenue laws of the United States as a fraternal, charitable, religious, or benevolent organization.
means any property, excluding firearms and ammunition, exported or imported in violation of law, or any property the possession of which constitutes a violation of law or is otherwise prohibited, including controlled substances and drug evidence.
means evidence that is transferred to the United States Secret Service, and will not be subject to a claim by an owner or finder, or subject to destruction.
means any designation of property in the possession of the Anchorage Police Department determined to be perishable, or an immediate danger, inclusive of damaged or corroded ammunition, fireworks, and all forms of gun powder, or any biohazard that poses a risk to municipal employees or the general public.
means destruction or rendering incapable for use, and permanently disposing of property by any lawful means.
means:
Dangerous or perishable property or property determined to be a biohazard;
Forensic evidence retained until completion of the final judicial, quasi-judicial or adjudicatory disposition date;
Property ordered to be destroyed either by a court or pursuant to a plea bargain agreement;
Contraband, unclaimed personal property, drug evidence, controlled substances, or child pornography;
Property, determined by the Anchorage Police Department to be unserviceable, junk, or waste, or with insubstantial fair market value;
Prescription or over-the-counter medication;
Any firearm or weapon determined by an Anchorage Police Department or State of Alaska armorer, bomb disposal officer, or an authorized United States Department of Treasury Official to be:
Unlawful to own or possess under federal or state law.
Utilized in a homicide, including a suicide.
Unsafe, a biohazard, or presents an immediate or potential risk of endangerment to the public.
Any part of a firearm causing the sale of the firearm to be prohibited by federal or state law; and
Any unclaimed disposable property, the chief of police does not claim and the purchasing officer is unable to dispose of through sale, trade, or barter, may be deemed destructible property.
means to destroy or permanently render unserviceable any property, by any means, creating a state of substantial irreparability, ruin, or disassembly.
means any storage device capable of holding digital data, including hard and optical discs and USB drives.
means property in the possession of the Anchorage Police Department, excluding destructible property and impounded motorized vehicles that may be lawfully returned to an owner or finder, or disposed of by any means after meeting the retention periods set forth in this chapter.
is 30 days after the posted date of a public notice of disposable property which is eligible for recovery by an owner, finder or authorized representative.
has the same meaning for items, excluding real property, subject to forfeiture as defined under AS 17.30.110.
mean prescription medication, over-the-counter medication, or controlled substances.
means any property collected, found, recovered, seized, or otherwise comes into the custody of the Anchorage Police Department, and retained for any criminal or internal investigation, judicial, quasi-judicial, or adjudicatory proceedings.
means the value reasonably expected for any unclaimed disposable property disposed of under this chapter.
means the date when all adjudicatory, quasi-judicial, and court appeals have been exhausted or the appeal period has expired, for each referenced case and for all persons charged or associated with the evidence in possession of the Anchorage Police Department.
means the person identified on an official police report who discovered non-evidentiary found property.
means any device designed for or capable of delivering a projectile using an explosive as a propellant, including an antique firearm, pistol, rifle, shotgun, revolver or similar device. A firearm does not include toy guns or guns utilizing an elastic ban, compressed gas, or air to deliver a projectile.
means evidence collected that may be scientifically testable, may contain organic or inorganic biological properties, may have been chemically treated, or collected with the intent to conduct a scientific examination for evaluation or discussion and has potential for presentation in a internal investigation, judicial, quasi-judicial or adjudicatory proceeding.
means non-evidentiary property held by the Anchorage Police Department as lost or abandoned property.
means unclaimed disposable property the Anchorage Police Department determines to have a fair market value of $50.00 or less.
means any domestic or foreign currency or comparable medium of exchange currently in circulation, has value, and is generally accepted by a financial institution.
has the same meaning as defined under Section 9.04.010, excluding motor assisted bicycles, battery operated toys, or machines designed as children's toys or for assisting pedestrian transportation.
means a person, the legal representative of a person, or an authorized representative of a business with a legal or equitable interest in disposable property, who produces proof of ownership acceptable to the Anchorage Police Department.
means a letter advising a known owner, or any finder that the Anchorage Police Department is in possession of disposable property which may be returned for which they may have an ownership interest.
means property in the form of personal identification, credit, debit, or bank cards, personal credentials, financial or legal documents, mail, photographs, cell phones and devices containing digital media, keys, grooming materials, purses, backpacks, and similar items.
means the first published date of an itemized list of disposable property which is eligible for disposition or recovery by an owner, finder or authorize representative.
means a licensed drug or narcotic regulated by legislation to require a prescription before it can be obtained and intended to distinguish it from over the counter drugs which can be obtained without a prescription.
means any person under federal, state, or municipal law prohibited from actual or constructive possession of a firearm. A prohibited person may still have an ownership interest in the firearm that may be transferred.
means all tangible items, excluding impounded motorized vehicles, in the possession of the Anchorage Police Department classified as evidence, found, or safekeeping.
means a printed notice and an electronically accessible document containing information and an itemized list of property in the possession of the Anchorage Police Department that may be disposed of or is lawful to return to an owner, finder, or other authorized representative.
means any non-evidentiary property in the possession of the Anchorage Police Department placed into temporary custody on behalf of a known owner.
means any disposable property in the possession of the Anchorage Police Department forfeited by a court or judicial proceeding, or not claimed by or timely retrieved by an owner or finder after the disposition deadline date.
means a state or condition of property reasonably determined prima facie or through a professional conclusion, opinion or decision that it is dangerous or liable to cause or inflict injury, harm, or death, or may pose a significant risk of endangerment to the public.
means any item traditionally used as a weapon, except firearms and ammunition, and includes a chemical dispensing device, bow, club, baton, crossbow, knife, metal knuckles, martial arts weapon, stun guns or a gun which uses compressed air to deliver any projectile, or any explosive component or destructive device.
(AO No. 2009-111, § 1, 9-29-2009)
A.
Property classified by the Anchorage Police Department as evidence, found, or safekeeping property shall become disposable property after expiration of the following retention periods:
(AO No. 2009-111, § 1, 9-29-2009)
A.
The Anchorage Police Department may notify the last known owner of disposable property, through a courtesy notice of possession, that disposable property is available for retrieval.
B.
A courtesy notice of possession may be by telephone, e-mail, fax, or by mail.
C.
No legal obligation shall be attached to the Anchorage Police Department for failure to provide notice under this section.
(AO No. 2009-111, § 1, 9-29-2009)
A.
The Anchorage Police Department shall publish, as deemed necessary, a public notice of disposable property over the period of four weeks beginning on the first Wednesday of the published month.
1.
The notice shall be titled "Anchorage Police Department, Announcement of Disposable Property, Notice and Listing."
2.
The notice shall advise the public that the department is in possession of disposable property along with the physical and internet locations where lists of disposable property may be viewed.
B.
The Anchorage Police Department shall also:
1.
Post monthly on the department's internet website any list(s) of disposable property and include any other internet websites, links, or physical locations where the public may view the list(s) of disposable property;
2.
Provide in the posting the final claim date, the item number, general description, information and the manner, including any restrictions, in which an owner or finder may recover disposable property; and
3.
Provide in the posting that disposable property not retrieved by the claim date shall be forfeited to the Municipality of Anchorage as unclaimed disposable property.
C.
This section does not apply to items of $50.00 or less, forensic evidence, destructible, dangerous or perishable property, items forfeited by a court, money payable on traveler's checks, money orders, and other instruments presumed abandoned.
(AO No. 2009-111, § 1, 9-29-2009; AO No. 2012-26, § 1, 3-13-2012)
B.
The written notice of possession of disposable property shall be sent certified mail to the last known address of the owner and any finder, or if the owner or finder is incarcerated, sent via fax, in lieu of certified mail, to the correctional institution where the owner or finder may reside.
D.
This section does not apply to items of $50.00 or less, forensic evidence, destructible, dangerous or perishable property, items forfeited by a court, money payable on traveler's checks, money orders, and other instruments presumed abandoned.
(AO No. 2009-111, § 1, 9-29-2009)
A.
All disposable property is subject to civil and criminal asset forfeiture prior to release to an owner or finder.
B.
Retrieval of disposable property by an owner or finder shall be accomplished by the claim date.
C.
The finder of a bicycle may not retrieve the found bicycle. If the found bicycle is not retrieved by the owner, it shall be forfeited to the Municipality of Anchorage as unclaimed disposable property.
(AO No. 2009-111, § 1, 9-29-2009)
A.
All firearms and ammunition are subject to civil and criminal asset forfeiture prior to release to an owner or finder.
C.
If the owner of a firearm or ammunition is identified as a prohibited person, the owner shall be prohibited from retrieving the firearm or ammunition. However, the prohibited person may:
1.
Transfer full and complete ownership interest, including all rights, title and interest, in the firearm and ammunition to a non-prohibited person or the Anchorage Police Department;
2.
Arrange for the Anchorage Police Department to release the firearm and ammunition to a federally licensed firearms dealer for the sole purpose of sale.
D.
The finder of a firearm or ammunition not designated as evidence may retrieve the firearm or ammunition if:
1.
The owner of the firearm or ammunition does not retrieve the firearm or ammunition pursuant to subsection B above;
2.
The finder delivers a letter to the chief of police requesting the firearm or ammunition prior to the disposition deadline date;
3.
The firearm or ammunition is retrieved by the claim date and
4.
The finder is not identified as a prohibited person. Any finder identified as a prohibited person shall not be entitled to any claim, possession, constructive possession or any ownership interest in any found firearm or ammunition.
(AO No. 2009-111, § 1, 9-29-2009)
All disposable property, including firearms and ammunition, forfeited by a court or judicial proceeding, or not retrieved by the owner or finder by the claim date shall be deemed forfeited to the Municipality of Anchorage and disposed of as unclaimed disposable property.
(AO No. 2009-111, § 1, 9-29-2009)
A.
Unclaimed disposable property forfeited to the Municipality pursuant to Section 7.25.090 shall be governed by this section.
B.
The purchasing officer shall authorize the disposition of unclaimed disposable property as follows:
1.
Unclaimed disposable property, excluding money and collectible items, shall be subject to a claim by the chief of police for retention, use, trade or bartering.
2.
Unclaimed disposable property, excluding forensic evidence, destructible, dangerous and perishable property and property not claimed by the chief of police, may be disposed of by the purchasing officer through destruction, sale, trade, bartering, donation to a community based non-profit organization, or through an agreement or contract.
3.
Unclaimed disposable property in the form of money, excluding collectable and foreign currency, shall be delivered to the municipal treasurer for deposit into the Anchorage Metropolitan Police Service Area Fund.
4.
Collectable and foreign currency or a collectable item may be disposed of by sale with the proceeds deposited into the Anchorage Metropolitan Police Service Area Fund.
(AO No. 2009-111, § 1, 9-29-2009)
A.
B.
C.
Notwithstanding subsection A or B above, no firearm, firearm part, or ammunition shall be sold if the condition of the firearm, firearm part, or ammunition is not functional for its intended use, is in obvious disrepair or damage, is in an unsafe condition, or has no residual value as a separate piece part. Nor shall a sale be conducted that invalidates the protections afforded the Municipality under AS 18.65.340(e).
D.
Firearms used in the commission of a homicide, including a suicide, are exempt from the provisions of this section and shall be disposed of in accordance with Section 7.25.130A, or in accordance with a judicial order or plea agreement.
E.
The provisions of this section do not apply to firearms or ammunition the Anchorage Police Department may agree to dispose of at the request of the owner.
(AO No. 2009-111, § 1, 9-29-2009)
A.
At the time disposable property is retrieved by an owner, finder, or authorized person, and prior to shipping any disposable property, the chief of police may require a reimbursement fee pursuant to subsection B below from the owner, finder, or other authorized person receiving the disposable property.
B.
A reimbursement fee may include the costs of courtesy notice of possession, public notice, written notice of possession, publication, storage, postage, shipping, shipping container and materials, sale, or any other cost or handling expenses.
C.
The chief of police may waive a reimbursement fee for good cause.
D.
Any collected reimbursement fee shall be deposited into the Anchorage Metropolitan Police Service Area Fund.
(AO No. 2009-111, § 1, 9-29-2009)
A.
Destructible property may be destroyed or disposed of by any lawful means, except:
1.
The chief of police may authorize the return of a prescription when there is no evidence of contamination or product tampering and the owner provides evidence of a valid medical need.
B.
Notwithstanding any other section in this chapter, property that comes into the possession of the Anchorage Police Department that is determined to be a biohazard, dangerous or perishable is exempt from the retention periods provided under Section 7.25.030, and may be immediately disposed of by any lawful means.
(AO No. 2009-111, § 1, 9-29-2009)
A.
The municipal internal auditor shall certify the proper disposition of unclaimed disposable property under this chapter anytime:
1.
Property in the form of money is forfeited to the Municipality of Anchorage.
2.
Property is released to a vendor under municipal contract or agreement for the purposes of auction, barter, sale, trade or donation.
3.
Property, in the form of drugs, firearms, or unlawful parts of firearms, is destroyed.
(AO No. 2009-111, § 1, 9-29-2009)