[HISTORY: Adopted by the Mayor and Council
of the City of Hagerstown as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Police employees' retirement plan — See Ch. 38.
[Adopted 2-22-1994 by Ord. No. 1994-13]
All tangible personal property recovered, abandoned,
unclaimed or stolen that comes into the possession of the Hagerstown
Police Department shall be held until the Police Department determines
that its custody is no longer necessary in connection with any prosecution
or claim.
After expiration of the period referred to in § 39-1, any tangible personal property shall be delivered to the person who satisfactorily establishes his right to its possession and gives a proper receipt therefor.
A.
Any remaining tangible personal property that has
been in the possession of the Police Department for a period of at
least 30 days may be disposed of as follows:
(1)
By giving notice of the disposition of such property
by ordinary mail to those persons entitled to its possession and to
those lienholders whose names and addresses can be ascertained by
the exercise of reasonable diligence.
(2)
By advertising notice of the disposition of such property
in the local newspaper 30 days before and one day before disposition.
B.
Thereafter, such property may be destroyed, sold at
auction, donated to charitable causes or become part of the Police
Department inventory. A bill of sale by the Police Department, or
its agent, that personal property has been sold pursuant to this section
shall constitute sufficient evidence of title to such property for
all purposes.
C.
The Police Department shall coordinate all activities
described in this section with the City Purchasing Department.
The amount received from the sale of personal
property in accordance with this article shall be distributed in the
following order of priority:
At any time within three years from the date of such sale, any person submitting satisfactory proof of his right to possession of such personal property shall be paid, without interest, the amount distributed to the General Fund pursuant to § 39-4B. After the expiration of three years from the date of such sale, such claims shall be absolutely barred.