[CC 1976 §235.010; Ord. No. 1318 §2, 6-15-1978]
All property or money alleged or supposed to have been feloniously
obtained, which is not required by law to be turned over, surrendered,
or delivered to some officer, official or department of the County
of St. Louis, State of Missouri, or some political subdivision thereof,
or which shall be lost or abandoned, and which shall be thereafter
taken into custody by any member of the Police Force, or by the Municipal
Court of the City, or which shall come into such custody, shall be,
by such member, or by order of the Municipal Court, given into the
custody of the Chief of Police, and kept by him/her.
[CC 1976 §235.020; Ord. No. 1318 §2, 6-15-1978]
All stolen, lost or abandoned property and money delivered to
the custody of the Chief of Police shall be registered by him/her
in a book kept for that purpose, which shall contain a description
of the property, the name or names of the person or persons from whom
such property or money was taken, the name of all claimants thereto,
the place where found, the time of the seizure, the date of the receipt,
the general circumstances connected therewith, and any final disposition
of such property and money.
[CC 1976 §235.030; Ord. No. 1318 §2, 6-15-1978]
Upon satisfactory evidence of the ownership of stolen, lost or abandoned property given into the custody of the Chief of Police under the provisions of Section 235.010, the Chief of Police shall deliver the same to the owner, his or her heirs or legal representatives, and to him/her or them only, except if it be proved impracticable for such owner, his or her heirs or legal representatives to appear, then the property or money may be delivered and receipted for upon such proof of ownership, and the filing with the Chief of Police of a duly executed power of attorney from the owner, his or her heirs or legal representatives.
[CC 1976 §235.040; Ord. No. 1318 §2, 6-15-1978]
Whenever property or money shall be taken from any person arrested,
and shall be alleged to have been feloniously obtained, or to be the
proceeds of an offense, and whenever so brought with such claimant
or claimants, and the person or persons arrested before any court
for trial, and the court shall be satisfied from evidence that the
person or persons arrested is or are innocent of the offense alleged,
and that the property rightfully belongs to such person or persons,
the Chief of Police shall, upon satisfactory evidence or proof of
ownership of the property or money, deliver the property or money,
if he/she has it, to the accused person himself or herself, and not
to any attorney, agent or clerk of such accused person.
[CC 1976 §235.050; Ord. No. 1318 §2, 6-15-1978]
If any claim to the ownership of property or money shall be
made on oath to the Chief of Police or any court, by or in behalf
of any person or persons than the person or persons arrested, and
the accused person or persons shall be held for trial or examination,
such property or money shall remain in the custody of the Chief of
Police until the discharge or conviction of the person or persons
accused.
[CC 1976 §235.060; Ord. No. 1318 §2, 6-15-1978]
All property or money taken under suspicion of having been feloniously
obtained, or of being the proceeds of the crime, and for which there
is no other claimant than the person or persons from whom such property
or money was taken, and all lost property coming into possession of
any member of the Police Force, and all property and money taken as
the proceeds of crime or from persons deceased, alleged to be insane,
intoxicated or otherwise incapable of taking care of themselves, shall
be transmitted as soon as practicable to the Chief of Police.
[CC 1976 §235.070; Ord. No. 1318 §2, 6-15-1978]
All property or money of deceased persons coming into the custody
of the Chief of Police shall be delivered to the legal representative
or representatives of the deceased person, or to the Public Administrator,
in the absence of a legal representative.
[CC 1976 §235.080; Ord. No. 1318 §2, 6-15-1978]
When articles of property (except for perishable property) other
than money, delivered into the custody of the Chief of Police as the
proceeds of crime, are shown by sufficient evidence to be necessary
for the current use of the owner, and not for sale, the Chief of Police
may place the same in the custody of the owner, upon sufficient security
being given by the owner in the sum of double the value of the property,
conditioned on the production of the same at any time within one (1)
year, when required for use in court as evidence in any proceedings
thereon; provided however, where such property is evidence in any
case pending before any court other than the Municipal Court of the
City, such property shall not be released without a written order
from such court or the officer in charge of the prosecution of such
case.
[CC 1976 §235.090; Ord. No. 1318 §2, 6-15-1978]
Perishable property coming into the custody of the Chief of
Police alleged to have been feloniously obtained or the proceeds of
a crime may be delivered to the owner on sufficient security being
taken for his/her appearance to prosecute or defend the case; provided
however, when such property is evidence in any case pending in any
court, other than the Municipal Court of the City, such property shall
not be released without a written order from such court or the officer
in charge of the prosecution of such case.
[CC 1976 §235.100; Ord. No. 1318 §2, 6-15-1978]
All perishable property coming into the custody of the Chief
of Police, under the provisions of this Chapter, and which is unclaimed,
within a reasonable length of time may be sold immediately and the
proceeds of such sale turned over to the City Treasurer for deposit
in the General Revenue Fund.
[CC 1976 §235.110; Ord. No. 1318 §2, 6-15-1978]
When large quantities or goods held for sale by the owner come
into the custody of the Chief of Police as the proceeds of crime,
the same may be delivered to the owner, his or her heirs or legal
representative or representative, upon ample security to prosecute
or defend the case; provided however, when such property is evidence
in any case pending in any court, other than the Municipal Court of
the City, such property shall not be released without a written order
from such court or the officer in charge of the prosecution of such
case.
[CC 1976 §235.120; Ord. No. 1318 §2, 6-15-1978]
If any property or money placed in the custody of the Chief
of Police shall be desired as evidence in any police, criminal or
civil court, such property shall be delivered to any officer who shall
present an order to that effect from such court; but such property
shall not be retained in the court, but shall be returned to the Chief
of Police to be disposed of according to the provisions of this Chapter.
[CC 1976 §235.130; Ord. No. 1318 §2, 6-15-1978]
Any property or money turned over to the Chief of Police as
the proceeds of crime, and which shall not be called for as evidence
by any proceeding by any court within one (1) year from the date of
this receipt of the property by the Chief of Police, and unless specifically
claimed by the owner within that time may be thereafter treated as
unclaimed, abandoned or lost property or money, as provided in this
Chapter.
[CC 1976 §235.140; Ord. No. 1318 §2, 6-15-1978]
All money coming into the custody of the Chief of Police under
the provisions of this Chapter shall be turned over to the City Treasurer
for deposit in the General Revenue Fund.
[CC 1976 §235.150; Ord. No. 1318 §2, 6-15-1978]
If within one (1) year any rightful owner or his or her legal
representatives appear and prove ownership to any property or money
in the custody of the Chief of Police, as provided for in this Chapter,
and pay all reasonable charges, the Chief of Police shall restore
such property or money, or the proceeds from the sale of such property,
to such owner and take a receipt therefor; provided however, that
if the money has been turned over to the City Treasurer, or if the
property has been sold and the proceeds turned over to the City Treasurer
for deposit in the General Revenue Fund prior to the time the rightful
owner proved ownership to such money or property, then the City Treasurer
shall restore to the rightful owner the money or the proceeds from
the sale of the property, less any expense or other reasonable charges
incurred by the City in making the sale or caring for the property.
[CC 1976 §235.160; Ord. No. 1318 §2, 6-15-1978]
The Chief of Police shall, within thirty (30) days of the receipt
of all stolen, lost or abandoned property having a value of twenty
dollars ($20.00) or money in the amount of twenty dollars ($20.00)
or more coming into his/her custody, cause such property or money
to be advertised by three (3) consecutive insertions in a weekly newspaper,
or one insertion each week for three (3) consecutive weeks in a daily
newspaper of general circulation in the City or in the County of St.
Louis.
[CC 1976 §235.170; Ord. No. 1318 §2, 6-15-1978]
A.
All property,
except perishable property and motor vehicles or vehicles and bicycles
which shall remain in the custody of the Chief of Police for a period
of one (1) year without any lawful claimant thereto, with a value
over the amount of twenty dollars ($20.00) shall be sold at Public
Auction as hereinafter provided.
C.
All motor
vehicles, other vehicles and bicycles that shall remain in the custody
of the Chief of Police for a period of three (3) months without any
lawful claimant thereto and with a value over the amount of twenty
dollars ($20.00) shall be sold at Public Auction as hereinafter provided.
D.
When
any property shall be sold at Public Auction such auction shall be
advertised for three (3) weeks immediately preceding such auction
by three (3) consecutive insertions in a weekly paper or one (1) insertion
each week for three (3) consecutive weeks in a daily newspaper having
general circulation in the City or in the County of St. Louis. The
proceeds from all such sales shall be turned over to the City Treasurer
for deposit in the General Revenue Fund.
