[HISTORY: Adopted by the Board of Aldermen
of the City of Nashua NRO 1975, T. 4, §§ 1901 to 1905
(Secs. 17-1 to 17-31 of the 1987 Code). Amendments and noted where
applicable.]
Each City Police Commissioner shall receive
a salary of $100 per annum. The clerk of the Police Commission shall
receive a salary of $150 per annum.
[Amended 12-26-1995 by Ord. No. O-95-148]
The appropriate aldermanic committee may transfer
control of traffic lights to the Police Department and the Police
Department may use revenues from the parking meters to pay for the
maintenance, repair and improvement of the traffic lights. Any contemplated
purchase by the Police Department of $200 or more shall require the
approval of an appropriate aldermanic committee.
The Police Department shall tabulate and analyze
all accident reports and shall publish annually, or at more frequent
intervals, statistical information based thereon as to the number
of traffic accidents.
A.
The Chief of Police or, if no Chief, the head of the
City Police Department is hereby authorized to act pursuant to the
provisions of RSA 106-C, as enacted and as may be amended.
B.
Without limiting the generality of Subsection A of this section, the Chief or head of the Department may:
C.
The Chief or head of the Department is constituted
the duly authorized representative of the Police Department for the
purpose of making claims under RSA 106-C:5, provided that the Chief
or head of the Department may in his discretion donate services to
a county or municipality in accordance with the provisions of RSA
106-C:8.
[Amended 10-13-1977 by Ord. No. O-77-222; 10-14-1986 by Ord. No. O-86-99; 1-22-2013 by Ord. No. O-12-030]
A.
All
property or money taken under suspicion or with knowledge of its having
been lost or stolen or illegally obtained, and all property lost or
abandoned, which may come into possession of any member of the Police
Department, shall be delivered to a person designated by the Chief
of Police. The Chief's designee shall enter or cause to be entered
in a record to be kept by the Department for that purpose a detailed
description of the same, together with the name of the person or persons
from whom received, the name of any claimants thereto, the time of
the seizure and the final disposition thereof.
B.
When any person arrested shall be adjudged innocent of the offense charged, by a court of competent jurisdiction, which shall adjudge property or money belongs to such person, the Chief of Police's designee shall thereupon deliver such property or money to him personally, and not to his attorney or agent, and take his receipt therefor. If the accused is held for trial or examination, such money or property shall remain in the custody of the Chief of Police's designee until discharge or conviction of the person accused or as ordered by the court. After such discharge or conviction or court order, all such property then remaining in the custody of the Chief's designee shall, if the same is of the type described in Subsection E of this section, be disposed of in accordance with that subsection and, if it is not so described, either returned to such person or disposed of in accordance with the provisions of Subsections C and D of this section.
C.
The
Chief of Police, or such person as shall be designated by the Chief,
shall retain all unclaimed money or property that has been in custody
for a period of 180 days. If the property is not claimed by the owner,
it shall be returned to the finder if the finder is known. If the
finder is not known, the Chief of Police or such person as shall be
designated by the Chief shall sell at public auction all unclaimed
property that has been in custody for a period of 180 days. It shall
be within the discretion of the Chief of Police whether to hold a
public auction at a designated location or by use of an online auction
service (e.g. eBay.com or PropertyRoom.com). The Chief of Police or
the Chief's designee shall fix a day upon which the sale shall
take place, and give notice therof by publication in a daily newspaper
at least five days before the sale. Such notice shall state the day
and the hour when such sale shall commence and shall contain a general
description of the property to be sold, or shall refer to a list thereof
on file with the Chief of Police. The notice shall be signed by the
Chief of Police or by the person designated by the Chief to conduct
the public auction. If an online auction service is used, the Department
shall adhere to the policies of the service used. The proceeds of
such sale(s), after deducting the cost of storage, advertising, selling
and other expenses incident to the handling and selling of such property
shall, together with all money unclaimed for a period of 180 days,
be paid into the City treasury. Money which has been found, as distinguished
from money that has been stolen or illegally obtained, will be turned
over to the finder if unclaimed for a period of 180 days. If the finder
is not known it shall be paid into the City treasury. In no case shall
any property be sold or disposed of until the necessity for thereof
as evidence has ceased.
D.
If any property seized or taken possession of by the Police Department shall be of a perishable nature, or so bulky or of such nature as to make it dangerous or inadvisable to retain possession thereof for the length of time specified in Subsection C of this section, the Chief of Police or the Chief's designee shall petition the court to have the property disposed of or sold and set forth the reasons why such property should not be retained.
E.
None
of the provisions of this section shall apply to contraband, materials
adjudicated as being obscene, or weapons or other objects which in
the opinion of the Chief of Police would constitute danger to public
health, safety, welfare or morals should the same be returned to their
respective owners or sold at public auction. All of such objects which
shall come into the possession of the Chief of Police, except weapons
which the Chief of Police shall deem to be of use to the Police Department,
shall forthwith be destroyed under the direction of the Chief of Police
or the Chief's designee.
F.
Bicycles.[1]
(1)
Bicycles lost or abandoned which may come into possession of any
member of the Police Department shall be retained for a period of
90 days. Said bicycles shall be delivered to the Chief of Police's
designee, who shall enter or cause to be entered in a record kept
by the Department for that purpose, a detailed description of the
same, together with the name of the person or persons from whom received,
the name of any claimants thereto, the time and date that it was received
by the Police Department and the final disposition thereof.
(2)
In the event the bicycle is not claimed by the owner, it shall be
returned to the finder if the finder is known. If the finder is not
known, the Chief of Police or such person as shall be designated by
the Chief shall, in his or her sole discretion, either:
[Amended 10-22-2019 by Ord. No. O-19-055]
(a)
Sell some or all of the bicycles at public auction. It shall be within the discretion of the Chief of Police whether to hold a public auction at a designated location or by use of an online auction service as referenced in Subsection C. Where not inconsistent with this Subsection F, the provisions of Subsection C above shall apply; or
(b)
Donate
some or all the bicycles to a charitable organization.
