[HISTORY: Adopted by the Village Board of
the Village of Elm Grove 11-9-1981. Amendments noted where applicable.]
The purpose of this chapter is to authorize
procedures, in accordance with Wisconsin statutes, for the disposition
of abandoned, unclaimed or seized property in the possession of the
Chief of Police.
As used in this chapter, the following terms
shall have the meanings indicated:
Property in which it appears the owner has intentionally
relinquished all right, title, claim, and possession with the intention
of not reclaiming it or resuming ownership, possession or enjoyment.
Property in possession of the Chief of Police taken by police
officers performing their duties of law enforcement.
Property in which it may appear that someone has rights but
which rights have gone unclaimed after a reasonable effort by the
Chief of Police to discover and notify the possessor of such rights.
A.
Abandoned or unclaimed property.
(1)
The Chief of Police may, by any lawful means, safely
dispose of abandoned or unclaimed flammable, explosive or incendiary
substances, materials or devices in his or her custody posing a danger
to life or property in their storage, transportation or use immediately
after taking possession of such substances, materials or devices.
(2)
The Chief of Police may dispose of firearms or ammunition
in the custody of the Chief of Police which have been abandoned or
remain unclaimed for a period of 12 months after the taking of possession
of such property by the Chief of Police, by return to the rightful
owner, destruction or transfer to the State Crime Laboratory.
(3)
The Chief of Police may dispose of all other personal
property in his or her custody which has been abandoned or remains
unclaimed for at least 30 days after the taking of possession of such
property by the Chief of Police by any lawful means.
B.
Seized firearms or ammunition.
(1)
Seized firearms or ammunition posing a danger to life
or property or constituting contraband. If firearms or ammunition
seized by the Chief of Police are not required for evidence or further
investigation but pose a danger to life or property in their storage,
transportation or use or constitute contraband, the Chief of Police
may safely dispose of such firearms or ammunition by any lawful means
immediately.
(2)
Seized firearms or ammunition which do not pose a danger to life or property or constitute contraband. If firearms or ammunition seized by the Chief of Police are not required for evidence or further investigation or do not appear to be or are not reported stolen and have not been disposed of pursuant to court order at the completion of a criminal action or proceeding or in accordance with Subsection B(1) above and the rightful owner has not requested their return within 12 months after the taking of possession of such firearms or ammunition by the Chief of Police, such firearms or ammunition may be shipped by the Chief of Police to the State Crime Laboratory for disposition under § 968.20(3)(a), Wis. Stats.
(3)
Seized firearms or ammunition which appear to be or are reported stolen. If firearms or ammunition seized by the Chief of Police appear to be or are reported stolen but are not required for evidence or further investigation and have not been disposed of pursuant to court order at the completion of a criminal action or proceeding or in accordance with Subsection B(1) above, and the rightful owner has not requested their return within 12 months after the taking of possession of such firearms or ammunition by the Chief of Police, the Chief of Police may ship such firearms or ammunition to the State Crime Laboratory for disposition under § 968.20(3)(a), Wis. Stats., after the Chief of Police shall have made a reasonable effort to notify the rightful owner and the rightful owner shall not have requested their return within 30 days following receipt of such notification. If, after a reasonable effort, the Chief of Police is unable to notify the rightful owner, the Chief of Police may ship such firearms or ammunition to the State Crime Laboratory for disposition under § 968.20(3)(a), Wis. Stats., provided that not less than 15 months shall have elapsed since the taking of possession of such firearms or ammunition by the Chief of Police.
C.
Seized property other than firearms or ammunition.
If property other than firearms or ammunition is seized by the Chief
of Police and is not required for evidence or investigation, and such
property poses a danger to life or property in its storage, transportation
or use, or constitutes contraband, the Chief of Police may safely
dispose of such property by any lawful means immediately.
[Added 12-11-2000]
A.
For all property disposed of under this chapter by
means other than a sale open to the public, the Chief of Police shall
maintain an inventory of such property and record the date and method
of disposal, the consideration received for the property (if any),
and the name and address of the person taking possession of the property.
Such inventory shall be kept as a public record for a period of not
less than two years from the date of disposal of the property.
B.
If the disposal of any personal property is in the
form of a sale, all receipts from the sale after deducting the necessary
expenses of keeping the property and conducting the sale shall be
paid into the Village Treasury.
