City of Hagerstown, MD Chapter 39 Police Department

[HISTORY: Adopted by the Mayor and Council of the City of Hagerstown as indicated in article histories. Amendments noted where applicable.]

Article I Disposition of Abandoned Personal Property

[Adopted 2-22-1994 by Ord. No. 1994-13]

§ 39-1 Custody of property.

All tangible personal property recovered, abandoned, unclaimed or stolen that comes into the possession of the Hagerstown Police Department shall be held until the Police Department determines that its custody is no longer necessary in connection with any prosecution or claim.

§ 39-2 Return of property.

After expiration of the period referred to in § 39-1, any tangible personal property shall be delivered to the person who satisfactorily establishes his right to its possession and gives a proper receipt therefor.

§ 39-3 Disposition of property.

A. Any remaining tangible personal property that has been in the possession of the Police Department for a period of at least 30 days may be disposed of as follows:

(1) By giving notice of the disposition of such property by ordinary mail to those persons entitled to its possession and to those lienholders whose names and addresses can be ascertained by the exercise of reasonable diligence.

(2) By advertising notice of the disposition of such property in the local newspaper 30 days before and one day before disposition.

B. Thereafter, such property may be destroyed, sold at auction, donated to charitable causes or become part of the Police Department inventory. A bill of sale by the Police Department, or its agent, that personal property has been sold pursuant to this section shall constitute sufficient evidence of title to such property for all purposes.

C. The Police Department shall coordinate all activities described in this section with the City Purchasing Department.

§ 39-4 Disposition of proceeds.

The amount received from the sale of personal property in accordance with this article shall be distributed in the following order of priority:

A. To lienholders in order of their priority; and

B. Subject to the provisions of § 39-5, to the general fund of the City of Hagerstown.

§ 39-5 Claims to proceeds.

At any time within three years from the date of such sale, any person submitting satisfactory proof of his right to possession of such personal property shall be paid, without interest, the amount distributed to the General Fund pursuant to § 39-4B. After the expiration of three years from the date of such sale, such claims shall be absolutely barred.