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HomeMy WebLinkAbout2014-21Ordinance 2014-21 Ordinance Providing for the Disposal of Unclaimed Personal Property in Possession of the Police Department WHEREAS, the Town Council has received a recommendation from the Police Department that a procedure is necessary to dispose of unclaimed private property taken into the possession by the Department pursuant to its duties; and, WHEREAS, Section 15.2-1719 of the Code of Virginia 1950, localities to either dispose of unclaimed private property or t private property for use by the locality's law enforcement requirements of the aforementioned state code section; as amended, authorizes o retain such unclaimed agency subject to the NOW, THEREFORE be it ORDAINED by the Town Council of the Town of Pulaski, Virginia sitting in regular session this 2nd day of September, 2014, that Chapter 50 of the Code of Ordinances, Town of Pulaski, Virginia is hereby amended to incorporate the language and effect of the Virginia Code provision as part of the Town Code, as set forth in Appendix A-Ordinance 2014-21, attached hereto and expressly made part of this Ordinance. This ordinance is effective upon adoption and is hereby adopted this 2nd day of September, 2014 by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows: Heather L. Steele -Aye Gregory C. East -Aye David L. Clark -Aye H.M. Kidd -Aye James A. Radcliffe -Aye Lane R. Penn -Aye THE TOWN OF PULASKI, VIRGINIA BY: y S. Worrell, Mayor ATTEST: _-/ _._. r _ .1 L' t t' n l t ~~~ Patricia Cruise, Clerk of Council Attachment A-Ordinance 2014-21 Article VI. Disposal of Unclaimed Private Property Sec. 50-144. Disposal of unclaimed property in possession of the Police Department. (a) Any unclaimed personal property which has been in the possession of the town's police department and unclaimed for a period of more than 60 days may be (i) sold at a public sale in accordance with the provisions of this section or (ii) retained for use by the police department. As used herein, "unclaimed personal property" shall be any personal property belonging to another which has been acquired by a law enforcement officer pursuant to his duties, which is not needed in any law-enforcement prosecution, which has not been claimed by its rightful owner and which the state treasurer has indicated will be declined if remitted under the Uniform Disposition of Unclaimed Property Act (Code of Virginia, § 55-210.1 et seq.). Unclaimed bicycles and mopeds may also be disposed of in accordance with Code of Virginia, § 15.2-1720. Unclaimed firearms may also be disposed of in accordance with Code of Virginia, §15.2-1721. (b) Prior to the sale or retention for use by the police department of any unclaimed item, the chief of police or their duly authorized agent shall make reasonable attempts to notify the rightful owner of the property, obtain from the attorney for the commonwealth in writing a statement advising that the item is not needed in any criminal prosecution, and cause to be published in a newspaper of general circulation in the locality once a week for two successive weeks, notice that there will be a public display and sale of unclaimed personal property. Such property, including property selected for retention by the ,police department, shall be described generally in the notice, together with the date, time and place of the sale and shall be made available for public viewing at the sale. The chief of police or his or her duly authorized agents shall pay from the proceeds of the sale the costs of advertisement, removal, storage, investigation as to ownership and liens, and notice of sale. The balance of the funds shall be held by such officer for the owner and paid to the owner upon satisfactory proof of ownership. Any unclaimed item retained for use by the police department shall become the property of the town and shall be retained only if, in the opinion of the chief of police, there is a legitimate use for the property by the agency and that retention of the item is a more economical alternative than purchase of a similar or equivalent item. (c) If no claim has been made by the owner for the property or proceeds of such sale within 60 days of the sale, the remaining funds shall be deposited in the general fund of the town and the retained property may be placed into use by the police department. Any such owner shall be entitled to apply to the town within three years from the date of such sale and, if timely application is made therefor and satisfactory proof of ownership of the funds or property is made, the town shall pay the remaining proceeds of the sale of the item(s) or return the property to the owner without interest or other charges or compensation.