HomeMy WebLinkAboutOrdinance-1970-0065 - Establish Procedure for PD Unclaimed PropertyIntroduced'by_Alderman Robert Howard
ORDINANCE NO. ' J
Series of 1970 _
TITLE: AN ORDINANCE GRANTING AUTHORITY TO, AND ESTABLISHING THE
PROCEDURE FOR, THE CHIEF OF POLICE OF THE CITY OF WHEAT RIDGE TO
SELL AT PUBLIC SALE ANY LOST-ABANDONED OR SEIZED ARTICLES OR
PERSONAL PROPERTY WHICH ARE LEFT UNCLAIMED FOR A PERIOD OF THIRTY
(30) DAYS OR MORE.
BE ITORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. -Lost or Abandoned Property.
It shall be the duty of-eY_ery police officer to take into his
possession, and to deliver the same to the Chief of Police- or to his
designee, each and every article or object of.personal property lost
or abandoned within the City of Wheat Ridge, which article or object .
shall be held by-the Chief of Police For disposition in accordance
with the provisions of this ordinance.
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Section 2, Property Used As Evidence.
It shall be the duty of the Chief of Police to hold, pending
final disposition of any charges filed,in the Municipal Court against
the owner or possessor thereof, all articles of personal property
seized as evidence for use inthe trial of such charges. After final
disposition of said charges-, said articles, except as the Municipal
Judge may otherwise direct, shall, upon request by the rightful owner
thereof and the presentation of =satisfactory proof of ownership, be
turned over_to -such rightful owner. In the absence of such a request,
the same shall be disposed of in accordance with _the_provisions of this
ordinance: - -
Section 3. Procedure for Sale.
Any lost or abandoned,propetty, except property covered by
Section 5, left unclaimed for a period of thirty (30)-days or more,
and any-property used as evidence which remains unclaimed for thirty
(30) days or more after. final.disposition-of any charges relating
thereto; nay be sold and disposed of, from time to time, by the Chief
of Police, in accordance with the following procedures:
(A) Not less than ten (lb) days prior to the contem-
plated sale pf.such articles,_there_shall be published
in a legal newspaper a notice setting, _forth. a descrip-
tion of each article to be sold, the time, date and
place of the sale and that any person who claims to
be the owner of.- or claims-any interest in, any article
so described may appear at the Police Department prior
to the time and date set for sale thereof to reclaim
the same upon presentation of satisfactory proof of his
ownership thereof. Failure to make such claim, of
ownership within the time prescribed in sub-paragraph
(A) hereof shall forever bar the owner, or any person
claiming ownership by, through or under the owner,
from making any subsequent claim of ownership.
Section 3.
(S) All articles-described in said notice and left
unclaimed at the time and date set in,the-notice for the
sale thereof shall he sold at public sale for cash to
the highest bidder.
(C) All net proceeds from the sale of such articles
shall be deposited to the credit of the Police Retire-
ment Fund for the Police Department of the City of
Wheat Ridge.
Section 4_. Disposal of Abandoned Toys and Children's Articles._
At the option of the Chief of Police, any toys of whatsoever
nature, including bicycles and tricycles and other articles made for
use by children, which are left unclaimed for thirty (30) days or
more, may be sold in accordance with Section 3 or, in the alternative,
may be given to such needy and unfortunate children as the Chief of
Police deem appropriate. In the event of disposition of such articles
without sale, the Chief of Police.shall, at least ten (10) days prior
to such disposition, cause a public notice of-the description of such
articles to be published and shall provide for a reasonable opportunity
for the rightful owner to claim the same.
Section 5. The Chief of Police Determines Exceptions.
The Chief of Police, where the property consists of burglar
tools of any description, or fire-arms, or cartridges or explosives,
or armored or bullet-proof clothing, or gambling apparatus, or instru-
ments, articles or medicines for the purpose of procuring abortion or
preventing conception; wines and fermented liquors, or soiled, bloody
or unsanitary clothing, or solids and liquids of unknown or uncertain
composition, or opium, morphine, heroin, cocaine, L.S.D. or any of its
admixtures or derivatives, or hypodermic syringes and needles, or ob-
scene pictures, prints, effigies,_ statues or any poisonous, noxious,
or deleterious. solids, or liquids,_or any property which in the opinion
of the Chief of Police is of slight value and the sale of which might
result in injury to health or safety of the public, may destroy each
and every article of such nature. If, in the opinion of the Chief of
Police, any such fire-arms, or cartridges or explosives, or armored
or bullet proof clothing may be used for departmental purposes; then
the same need not be offered for sale as in this section provided.
Section 6._- Effective Date. a . _
This Ordinance shall take effect and be in force five (5)
days after publication following final passage providing it shall
have been passed by an affirmative vote of three-fourths (3/4) of
the members of the City Council, otherwise, said Ordinance shall take
effect thirty (30) days after publication fallowing final passage.
INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED AND POSTED
day
on first reading_by,a vote of 6 to 0 this 29th
of October , A. D., 1970
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READ, ADOPTED AND ORDERED PUBLISHED AND POSTED onse-cond
and final reading by a vote of -4-;- to ~ this day
of ~c< I A. D., 1970: -
at Z:CtL
Albert E. Anderson
Mayor
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CERTIFICATE OF POSTING
We, Louise F. Turner and Helen Elise McMillen hereby
certify that Ordinance No. 65 wasduly posted by us
following first reading on the 6th day of November_
1970, at the following locations within the. City of Wheat
Ridge:
Wheat Ridge Post Office
Wheat Ridge Branch Library
Westridge Sanitation District Office
Columbia Heights School
Prospect Valley- Fire Department
Wheat Ridge City Office
Wheat Ridge Council Meeting Room
We, Louise F. Turner and Helen Elise McMillen hereby
certify that Ordinance.No. 65_ was duly posted by us
following second reading on the 4th day of December
1970, at the above locations within the City of Wheat Ridge.
Louise F. Turner
City Clerk
relen Elise McMillen
Deputy City Clerk
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