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HomeMy WebLinkAbout11-91 Ordinance I . RECORD OF ORDINANCES -~-----_.- Dayton Legal Blank Co. Form No. 30043 --~- ________n__________ ---~----~ Ordinance No. _ . U-9.1m Passed -----------._-. m19 l~. .. AN ORDINANCE PROVIDING FOR DISPOSITION OF RECOVERED PROPERTY WHEREAS~ it has become necessary that the Dublin Division of Police establish policies and procedures providing for disposition of recovered property pursuant to several sections of the Ohio Revised Code. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State I of Ohio, 6 of the elected members concurring that: II Section 1. (A) Property which has been lost, abandoned, stolen or lawfully seized I or forfeited and is in the custody of the Dublin Division of Police I shall be deposited and kept in a location designated by the Police I Chief or his designee. A record of all such property shall be I II maintained, which will include the name of the owner, if known, the person from whom received, the location where found with general I circumstances. All property which is evidence shall be kept until I it is no longer needed and then disposed of pursuant to this section. I (B) The Dublin Division of Police shall make a reasonable effort to II notify the person entitled to possession of property in its custody and indicate where such property may be claimed. I' I II (C) A person loses any right he may have to title or possession of il property: II II (1) Which was the subject, or was used in a conspiracy or attempt II to commit, or the commission of an offense other than a II traffic offense, and such person is a conspirator, accomplice, i! or offender with respect to the offense; " Ii Ii (2 ) When the light of the nature of the property or the circum- stances of such person, it is unlawful for him to acquire or possess it. Ii II (D) After thirty (30) days all unclaimed and forfeited property, and/or il lost or abandoned property, except as otherwise provided herein, I' and not held as evidence shall be disposed of as ordered by the II appropriate court having jurisdiction over the property, except :1 property specifically set forth below: II (1) All drugs shall be destroyed; (2) Firearms and dangerous ordnance suitable for police work may Ii be retained by the Dublin Division of Police for the purpose. II Firearms which are museum pieces may be sold at public auction Ii or disposed of in another manner that the court considers II proper. All other weapons shall be destroyed; II (3) Obscene materials shall be destroyed; I I (4 ) Beer or intoxicating liquor shall be destroyed; I (5) Vehicle and vehicle parts forfeited under Section 4549.61 I to 4549.63 of the O.R.C. may be given to the Dublin Division of Police for use in the performance of its duties. Such "'. parts may be incorporated into any other official vehicle. Parts that do not bear vehicle identification numbers or derivatives thereof may be sold or disposed of as provided by aforementioned and related Revised Code Sections. Parts from which a vehicle identification number or derivative thereof has been removed, or altered, or destroyed and that are not suitable for police work or incorporation into an official vehicle shall be destroyed or sold as junk or scrap. I . . RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 ---------,_._._-~--- Ordinance No, HmH~9to Passedn mnmn. nnOm 19::::__1~~ I ! Page Two (6) Other unclaimed or forfeited property may be used by the Dublin Division of Police or other appropriate municipal department as directed by the Manager. Unless otherwise mandated by court ., order, property not used by the City or such property set forth in Subsection (E)(l) may be sold at public sale, auction or other- wise as follows: After holding any such property for at least thirty (30) days, the Dublin Division of Police may initiate such action by publishing for three (3) consecutive weeks, in a news- paper of general circulation within the municipality, a notice indicating when and how such property will be sold, auctioned or otherwise disposed of. Any such action must be taken at least sixty (60) days after the date which the Dublin Division of Police obtained custody of such property. Any proceeds generated there- from shall be deposited in the General Fund. (7) If firearms are included in the valuable personal effects of a dead person who met death in the manner described by Section 313.12 of the O.R.C., the coroner shall deliver the firearms to the Chief of Police. (E) Other lost or found property, not otherwise subject to court jurisdicti or other provisions herein, or for which a person entitled to possession cannot be determined, may be returned to the finder of such property pursuant to the procedures set forth below: (1) Within thirty (30) days from the date the lost or found property is turned in to the Police Division by the finder, he shall submit a request on a form approved by the Police Division to the Police Chief, stating how he came to possess such property, and ~. requesting its return. Failure of the finder to submit such a request within the aforementioned thirty (30) days, will result in the subject property being disposed of pursuant to Subsection (D) (6) herein. (2) Within thirty (30) days after receipt of the finder's request, the Police Division shall publish for three (3) consecutive weeks, in a newspaper of general circulation within the municipality, a notice that a request for return of property has been filed which may result in the return of the subject property to the finder unless the person entitled to possession can provide proof thereof satisfactory to the Police Chief on or before a date not less than thirty (30) days from the date such notice was first pub- lished. If no claim for possession is made, the property may be returned to the petitioner on or after sixty (60) days from the date it was turned in. (3) If no such satisfactory proof is provided by a person claiming po session as set forth in Subsection (E)(2), the property may be returned to the requestor-finder. ( 4) Officers, employees, and agents of the City of Dublin or its unde lying townships shall not be entitled to recover property under Subsection (E) of this Ordinance. Section 2. This Ordinance shall take effect and be in force after the earliest period allowed by law. Passed this 6th day of May , 1991- ~~ or - Presi 'ng Officer A ttest: /J < 1 hereby certify that (':!i're; of t~,;r, o;r"'.lT/":-;""'~:1 'W'rcl r1~,,:~f.lldj?/? ~ ~ , ., , ., . .. .... . -r." ,.. ..lerk of Councll CIty of Dublm In c::nwa:1ce W::l SC~l on 7J 1.2) of !f:; 0"'0 RCV:S0J JAa,?JCt0 ~ {/~~~ Clerk of Council, Dublin, Ohio I I