[HISTORY: Adopted by the City Commission of the City of Royal Oak 2-10-1969
by Ord. No. 69-7. Amendments noted where applicable.]
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.
