[HISTORY: Adopted by the Village Board of the Village of
Fox Point 5-9-2017 by Ord. No.
2017-01.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Abandoned vehicles — See Ch. 713.
[1]
Editor’s Note: This ordinance also repealed former Ch.
128, Lost and Abandoned Property, adopted as § 2.20 of the 1961
Code, as amended.
A.
Applicability. Property which appears to be lost or abandoned, discovered
by officers, seized pursuant to a search warrant, turned in to the
Police Department by citizens, or turned in to the Police Department
by other Village employees or departments shall be disposed of according
to this chapter. Property that is unclaimed for 30 days after it comes
into the Village's possession is deemed to be abandoned.
B.
Notice when reasonably possible. The Police Department shall make
reasonable efforts to notify the owner that the property is in the
custody of the Police Department and may be claimed by contacting
the Police Department and providing sufficient proof of ownership,
except as described otherwise in this chapter. If no claim for ownership
is made within 30 days of the date of such notice, the property shall
be disposed of according to this chapter. If no identifying marks
are present or the Police Department is unable to reasonably determine
who the owner may be, the property shall be taken into custody by
the Police Department and disposed of according to this chapter.
The following classes of property may be disposed as follows:
A.
Seized property, dangerous weapons and ammunition. Property that
is subject to § 968.20, Wis. Stats., shall be disposed as
described therein.
B.
Illegal or contraband property. Property which cannot be legally
possessed shall be destroyed.
C.
Animals. Unclaimed animals are subject to § 173.23, Wis.
Stats., which is administered for the Village by the Milwaukee Area
Domestic Animal Control Commission (MADACC).
D.
Abandoned vehicles. Abandoned vehicles shall be disposed of as set forth in the applicable provisions of Chapter 713, Vehicles, Abandoned, of the Code of the Village of Fox Point.
E.
Intoxicating liquor and fermented malt beverages. Intoxicating liquor
and fermented malt beverages shall be destroyed.
F.
Incendiary materials. Flammable, explosive, or incendiary substances,
materials, or devices that pose a danger to life or property in their
storage, transportation, or use may be immediately disposed per § 66.0139(3),
Wis. Stats.
Property which is found by persons and delivered to the Chief
of Police for the purpose of locating the former owner and which has
not been claimed by the former owner within 30 days from the date
the Police Department take custody of the property shall not be considered
abandoned or unclaimed under this chapter until 30 days after mailing
to the person finding the property a notice to claim said property.
The Chief of Police shall determine what portion, if any, of the property
or its value shall be given to the finder. This provision shall not
apply to any Village employee finding property in the regular course
of employment.
A.
Property to be disposed pursuant to this chapter may be disposed by any means determined to be in the best interest of the Village, which may include public auction, sealed bid, contract, a trade on other property to be acquired by the Village, or retention for the use of the Village. An item of property with a fair market value of $100 or less may be disposed by the Chief of Police, or the department head responsible for the item, by donation to a nonprofit organization, unless specifically regulated otherwise by § 128-2 above. Perishable property which deteriorates to a fair market value of less than $100 shall be destroyed. A sale by public auction may include the sale of items through a website via the Internet, independently or using a third party to assist in the sale of the items. The property shall be sold in an as-is condition. Any Village official selling property under this chapter shall maintain for two years an inventory of any property sold that shall include a record of the date and method of disposal, any payment received for the property, and the name and address of the person acquiring the property.
B.
Payment to Village Treasury. All sums received from the sale of property
under this chapter shall be paid to the Village Treasury.
