[HISTORY: Adopted by the Common Council of the City of Manawa 10-18-1993
as Sec. 3-4-2 of the 1989 Code of Ordinances. Amendments noted where applicable.]
A.
Property which appears to be lost or abandoned, discovered
by officers or turned in to the Chief of Police by citizens, shall be disposed
of according to this chapter.
B.
Lost and abandoned property will be examined by the Chief
of Police for identifying marks in an attempt to determine the owner. If identifying
marks are present, they shall be used by the Chief of Police to attempt to
contact the owner to return the property. If no identifying marks are present,
the property shall be taken into custody by the Chief of Police.
C.
A city employee shall not keep for his or her own use
property found in the course of duty nor take possession of property during
off-duty hours when the discovery was made while on duty.
D.
The Chief of Police shall permit citizens to claim lost
property if they can provide sufficient proof that they are rightful owners.
E.
No city employee shall receive any lost, stolen, abandoned
or other unclaimed property from the Chief of Police, unless that person receives
a written receipt signed by the Chief of Police, a copy of which shall remain
with the Clerk-Treasurer.
A.
Classes of property. All property which has been abandoned,
lost or remained unclaimed for a period of 30 days after the taking of possession
of the same by the city shall be disposed of as follows, except that if the
property is usable for city operations, the property need not be sold at auction
but may become the property of the city.
(1)
Vehicles. Vehicles shall be disposed of as set forth in the applicable provisions of Chapter 286, Abandoned and Junked Vehicles.
(2)
Intoxicating liquor and fermented malt beverages. Intoxicating
liquor and fermented malt beverages shall be destroyed.
(3)
Firearms, ammunition and explosives. Firearms or ammunition
shall be returned to their rightful owner, destroyed or transferred to the
State Crime Laboratory, the Division of Law Enforcement Services of the Department
of Justice, the Federal Bureau of Investigation or the Alcohol, Tobacco and
Firearms Bureau of the United States Department of Treasury. Any explosive,
flammable or other material proving a danger to life or property may be disposed
of immediately upon taking possession thereof. The Chief of Police and the
Fire Chief, after consulting with the County Sheriff's Department, are
hereby authorized to determine the disposal procedure; provided, however,
that any such procedure will attempt to return to its rightful owner any such
material which appears to have been stolen.
(4)
Other property with a fair market value of $100 or less.
An item of property with a fair market value of $100 or less shall be destroyed
or sold at public auction. Perishable property which deteriorates to a fair
market value of less than $100 shall be destroyed.
(5)
Other property with a fair market value of over $100.
An item of property with a fair market value of more than $100 shall be sold
at public auction or by sealed bid.
(6)
Illegal property. Property which cannot be legally possessed
shall be destroyed.
B.
Disposal by auction or sealed bid.
(1)
Whenever any property under this chapter is sold by public
auction or sale or by sealed bid, such auction or the awarding of bids shall
be preceded by a Class 2 notice describing the property and arranging the
time and place for the auction or bid submission. Such notice shall be published
in the official city newspaper. The property auctioned or sold by sealed bid
shall be sold in as-is condition to the highest bidder. No sale or auction
shall occur until the Chief of Police has determined that the property has
no value to any probable investigation or legal proceeding. The department
head responsible for the property shall determine the time in which the successful
bidder shall remove the property. In the event that the property is not removed
within that time, the property shall revert to the city, and the amount of
the bid shall be forfeited to the city.
(2)
Any city official selling property under this section
shall maintain for two years an inventory of any property not disposed of
by auction or sale by sealed bid and shall include a record of the date and
method of disposal, any payment received for the property and the name and
address of the person acquiring the property.
Property which is found by persons and delivered to the Chief of Police
for the purpose of locating the former owner shall not be considered abandoned
or unclaimed under this chapter until 30 days after mailing to the person
finding the property a notice that he or she may claim ownership of said property.
The Chief of Police shall determine what portion, if any, of the property
or its value shall be given the finder. This provision shall not apply to
any city employee finding property in the regular course of his or her employment.
All sums received from the sale of property under this section shall
be paid to the city treasury. (State law reference: W.S.A. s. 66.28)
