[Amended 4-28-2023 by Ord. No. 2023-02]
All personal property which comes into the possession of any
police officer, which has been found or stolen or taken off the person
or out of the possession of any prisoner or person suspected of, or
charged with, being a criminal, and which is not known to belong to
some person laying claim thereto, shall be by the officer securing
possession thereof, delivered in the charge of the Chief of Police.
The Chief shall, in a permanent record book kept for that purpose,
make a record sufficient to identify the property, with the date and
circumstances of the receipt thereof, the name of the person from
whom it was taken and the place where it was found. When any person,
to the satisfaction of the Chief of Police, present proof of ownership
thereof, the Chief of Police shall return the article to the owner,
taking a receipt therefor, and shall enter in the record the name
of the person to whom it was delivered and the date of the delivery;
and the record shall also disclose the subsequent disposal thereof,
giving the date of sale, name and address of the purchaser, and the
amount for which it was sold in the event no owner was identified.
[Amended 4-28-2023 by Ord. No. 2023-02]
1.Â
The Chief of Police is authorized to sell personal property, other
than money or legal tender of the United States, which has come in
to his or her possession in a manner if:
a.Â
The owner of the personal property is unknown or has not claimed
the property;
b.Â
The property has been in the custody of the Chief of Police for at
least 90 days or for other minimum time, as may be required by state
law, whichever is less; and
c.Â
The property or any part thereof is no longer necessary to be held
as evidence or for any other purpose in connection with any litigation.
2.Â
The Chief of Police shall file an application in the District Court
of the county requesting the authority of the Court to conduct a sale
of personal property which has a fair market value of more than its
face value. The Chief of Police shall attach to the application a
list describing the property, including any identifying numbers and
marks, the date the property came into the possession of the Chief
of Police, and the name of the owner and the person in last possession,
if different, is known.
3.Â
In any instance where the property has an actual or apparent value
of more than $250, at least 10 days prior to the date of the hearing,
written notice of the hearing shall be sent by first-class mail, postage
prepaid, to each owner at the address as listed in the application.
If the owner of any property with an actual or apparent value exceeding
$500 is unable to be served written notice by first-class mail, notice
shall be provided by one publication in a newspaper of general circulation
in the county where the property is in custody. The notice shall contain
a brief description of the property of the owner and the place and
date of the hearing. The notice shall be posted at the assigned place
for the posting of municipal notices, and at two other public places
in the municipality.
4.Â
If no owner appears and establishes ownership to the property at
the hearing, the Court shall enter an Order authorizing the Chief
of Police to dispose of the property as follows:
a.Â
Donate the property having value of less than $500 to a not-for-profit
corporation, as defined in Title 18 of the Oklahoma Statutes, for
use by needy families;
b.Â
Sell the personal property for cash to the highest bidder, at least
five days after notice of the sale has been published;
c.Â
Transfer the property to a third-party agent under contract with
the governing body of the Chief of Police for sale by Internet of
other electronic means, regardless of whether the sale structure or
distribution site is within the State of Oklahoma; or
d.Â
By any other means as determined appropriate by the Court, including
but not limited to, destruction.
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Regardless of the means of disposition, the Chief of Police
shall make a return of the donation or sale, and the Order of the
Court confirming the donation or sale shall vest title to the property
in the recipient or purchaser. After payment of Court costs and other
expenses, the remainder of money received from the sale of the personal
property shall be deposited in the Municipal General Fund.
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5.Â
Transfer of money; notice; hearing.
a.Â
All money or legal tender of the United States which has come into
the possession of the Chief of Police pursuant to the circumstances
provided for in subsection 1 above shall be transferred by the Chief
of Police to the Municipal Clerk for deposit in the Municipal General
Fund. Prior to any transfer, the Chief of Police shall file an application
in the District Court, requesting the Court to enter an Order authorizing
the Chief of Police to transfer the money for deposit in the Municipal
General Fund.
b.Â
The application shall describe the money or legal tender, the date
the same came into the possession of the Chief of Police, and the
name and address of the owner, if known.
c.Â
Notice of hearing shall be given as provided for in subsection 3
above. The notice shall state that, upon failure of anyone to appear
to prove ownership to the money or legal tender, The Court shall order
the same to be deposited in the Municipal General Fund.
d.Â
The notice may be combined with a notice to sell personal property
as provided for in subsection 2 above. If no one appears to claim
and prove ownership to the money or legal tender at the hearing, the
Court shall order the same to be transferred to the Municipal General
Fund, as provided herein.
6.Â
The provisions of this section shall not apply to any dangerous or
deadly weapons, narcotic or poisonous drugs, explosives, or any property
of any kind or character, which the possession of is prohibited by
law. By Order of the trial court, any property filed as an exhibit
or held by the municipality shall be destroyed or sold or disposed
of, pursuant to the conditions prescribed in the order.
7.Â
The municipality is hereby authorized to establish a procedure for
the registration of "lost and found" property. The procedure shall
give the finder of any property the option of relinquishing any future
claim to the found property at the time its possession is surrendered
to the police or other agent of the municipality, or of taking possession
of the property after 90 days have transpired after registering its
description and the finder's identity with the Police Department
or other agent of the municipality.
8.Â
The provisions of this section shall not apply to animals.
9.Â
The Chief of Police is hereby authorized to destroy or donate to
charity those unclaimed personal property items which individual items
have no apparent fair market value and which have been in the possession
of the Police Department for more than 90 days.
Any personal property found by a person other than a public
official or employee, which is delivered to any police officer for
identification, if not claimed or identified within 30 days, shall
within 10 additional days thereafter, if requested by the finder,
be returned to him, and a record of such disposal made thereof. If
the finder does not request return of the property to him within such
additional 10 days, then the Chief of Police shall sell the property
as if it had been found by a public official or employee or on instruction
by the Mayor deliver it to some department or office of the city government
for its use.
If any property is sold as herein provided, and the owner thereof
takes and recovers possession of same from the purchaser, the amount
paid therefor shall be returned to the purchaser, upon verified claim
being submitted and approved by the City Commission.
[1]
Note: For state law relating to finders of lost goods, see
Title 15 O.S. 1991, Section 511 et seq.
As regards disposal of stolen or embezzled property coming
into hands of policemen, see Title 22, O.S. 1991, Section 1321 et
seq.
As regards disposal of liquor and gambling equipment seized
by policemen, see Title 22, O.S. 1991, Section 1261 et seq.
