City of Lexington, VA Police Department

The Lexington Police Department is hereby established as permitted by § 15.2-1701 of the Code of Virginia, 1950, as amended. The Department shall consist of a Chief of Police and such regular officers and employees as may be specified by the City budget.

The Chief of Police shall be the chief executive of the Police Department. He/she shall at all times enforce the rules and regulations for the government of the police prescribed by its duly adopted Department Policy Manual. The Chief of Police reports directly to the City Manager. Police officers are charged with enforcing the laws of the Commonwealth of Virginia and all the ordinances of the City of Lexington.

The Department shall be governed by its duly adopted Policy Manual, which policies shall not conflict with any duly enacted written City policies, the City ordinances, the laws of the Commonwealth of Virginia, or the laws of the United States of America.

The Chief of Police or any police officer shall have the power in emergency to deputize a bystander to aid in any lawful act.

A.

Authority for disposition. The Police Department shall have authority to dispose of unclaimed property in its possession in accordance with this section.

B.

Bicycles and mopeds. The Department may offer for public sale or donate to a charitable organization any bicycle or moped which has been in the possession of the Department, unclaimed, for more than 30 days. Any bicycle or moped found and delivered to the Police Department by a private person which thereafter remains unclaimed for 60 days after the final date of publication as required herein may be given to the finder; however, the location and description of the bicycle or moped shall be published at least once a week for two successive weeks in a newspaper of general circulation within the City. If the bicycle or moped has been registered with the Police Department, the record owner shall be notified directly.

C.

Definition; advertisement required; disposal

(1)

Unclaimed personal property is defined as any personal property belonging to another which has been acquired by a City law enforcement officer pursuant to his duties, which is not needed in any criminal prosecution, which has not been claimed by its rightful owner, and which the State Treasurer has indicated will be declined if remitted under the Uniform Disposition of Unclaimed Property Act (§ 55-210.1 et seq., Code of Virginia of 1950, as amended).

(2)

Prior to the sale of any unclaimed item, the Chief of Police or his duly authorized agent shall make reasonable attempts to notify the rightful owner of the property, obtain from the Attorney for the Commonwealth in writing a statement advising that the item is not needed in any criminal prosecution, and cause to be published in a newspaper of general circulation in the City once a week for two successive weeks notice that there will be a public sale of unclaimed personal property. Such property shall be described generally in the notice, together with the date, time and place of the sale. There shall be deducted from the proceeds of sale the costs of advertisement, removal, storage, investigation as to ownership and liens and notice of sale. The balance of the fund shall be held by the Chief of Police for the owner and paid to the owner upon satisfactory proof of ownership. If no claim has been made by the owner for the proceeds of such sale within 60 days of the sale, the remaining funds shall be deposited in the general fund of the City. Any such owner shall be entitled to apply to the City within three years from the date of the sale, and, if timely application is made therefor, the City shall pay the remaining proceeds of the sale to the owner without interest or other charges. No claim shall be made or any suit, action or proceeding instituted for the recovery of such funds after three years from the date of sale.

D.

Unclaimed firearms or other weapons.

(1)

The Chief of Police or his/her designated agent may destroy unclaimed firearms and other weapons which have been in the possession of the Police Department for a period of more than 60 days. For the purposes of this subsection, "unclaimed firearms and other weapons" shall be defined the same as unclaimed personal property in Subsection C.

(2)

Unclaimed firearms and other weapons may be destroyed by any means which renders the firearms and other weapons permanently inoperable. Prior to the destruction of such firearms and other weapons, the Chief of Police or his duly authorized agent shall comply with the notice provision in Subsection C.