City of Royal Oak, MI
Oakland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Commission of the City of Royal Oak 2-10-1969 by Ord. No. 69-7. Amendments noted where applicable.]
GENERAL REFERENCES
Abandoned refrigerators and ice boxes — See Ch. 574.
Abandoned and inoperable vehicles — See Ch. 716.
Whenever any person within the limits of the City of Royal Oak shall find any lost money or any lost personal property of any other nature, having an apparent value of $10 or more, and the owner of said money or personal property is unknown to such finder, the finder shall, within seven days, deliver the said money or personal property to the Police Department. The finder may, within 30 days from the date of finding such money or personal property, cause notice to be published once in a newspaper of general circulation within the City that such money or personal property has been found, which notice shall briefly describe the property found, state the place where found, and notify the owner that he may recover same upon application to the Royal Oak Police Department, making satisfactory identification of himself and the lost property, and paying for the cost of aforementioned advertisement. If any finder shall fail to give notice of such finding, as herein required, within the time limited, he shall forfeit all claims to any property right in said found money or personal property which he might otherwise have had upon termination of the custody of the Police Department, under further provisions of this chapter.
Whenever any such money or other personal property shall be received by the Police Department, it shall cause a record of same to be entered in a book kept for that purpose. The record shall contain a description of the money (numbers and amount) or personal property found, the place where found, date of finding, and the name and address of the person by whom so found. Such record book shall be a part of the public records of the City of Royal Oak and shall be kept on file in the Police Department.
If the identity of the owner shall be learned while such property is in the custody of the Police Department, the Police Department shall cause to be served upon such owner a written notice by registered mail, return receipt requested, informing him that his money or personal property has been found and is in the possession of the Police Department. Said notice shall advise the owner that unless he shall claim the money or personal property within 20 days from the date of service of such notice, he shall have forfeited any claim to the return of such money or personal property. Any person making a claim for the return of lost money or personal property shall establish his ownership to the satisfaction of the Police Department, and such money or personal property shall be returned to him upon payment of the cost of any advertising by the finder and expenses incurred by the Police Department.
After any lost money or personal property shall have been in the custody of the Police Department for 45 days and the owner shall not have been found or has abandoned his claim to the money or personal property, and there being no claim of ownership pending against such money or personal property, the same shall be returned by the Police Department to the finder thereof, if said finder shall have complied with the provisions of this chapter regarding lost money or personal property.
As to any money or personal property remaining in the custody of the Police Department to which there are no claims pending and no finder having any rights therein, the Police Department shall cause said property, except money, to be sold at public auction, reserving the right to reject any and all bids. Notice of the time and place of such sale shall be given by publishing notice thereof in a newspaper of general circulation within the City of Royal Oak, the posting of such notice for 10 days prior to sale in three conspicuous places in the City. The Police Department is hereby authorized to deliver and convey such property to the successful purchaser, upon payment of the full purchase price, without any warranty or representation as to title; and with the understanding that, in the event the rightful owner receives the property in an action at law against such purchaser, the liability of the City of Royal Oak shall be limited to the amount paid by such purchaser for such property. The proceeds of all such sales and any money which shall have been held for 45 days against which there is no claim pending either by any purported owner or by the finder thereof, shall be paid by the Police Department to the City Treasurer to the credit of the general fund. The City of Royal Oak may purchase property at any such sale in the same manner as any other bidder.
A. 
The provisions of this chapter shall not apply to the following:
(1) 
Perishable articles, which may be sold or destroyed within 12 hours if unclaimed.
(2) 
Stolen articles.
(3) 
Bicycles.
(4) 
Abandoned vehicles.
(5) 
Handguns, or other dangerous weapons, shall not be sold but shall be delivered to the State Police Commissioner for disposition in accordance with applicable provisions of state statutes, provided that rifles and shotguns may be sold at auction.
[Amended 8-19-1974 by Ord. No. 74-18]
(6) 
Alcoholic beverages seized by the Police Department.
B. 
All of the foregoing shall be disposed of in accordance with applicable provisions of state statutes and/or City ordinances.
Any violation or failure to comply with the provisions of this chapter shall be punishable by a fine not to exceed $100 and costs of prosecution, or by imprisonment for not to exceed 90 days, or by both such fine and imprisonment, in the discretion of the court.