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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. _ 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 -2- 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 4 F;^ -3- - 4 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 h , ti ~_r