Chapter X · Police

Article 2. Property in Police Custody

Sections 10-201 to 10-206 · 6 sections

10-201 Regulations.

The Police Department is required to establish regulations detailing the collection, storage, and inventory of property which may come under the control by any manner.

(Ord. 1665, Sec. 1)

10-202 Disposition.

Any property which has been acquired or turned over to the Police Department and has been classified in accordance with procedures existing in the Police Department as unclaimed or for which the proper owner cannot be ascertained shall be kept for a minimum of thirty (30) days. After a period of thirty (30) days, such property, except as provided in Section 10203, shall be sold at public auction to the highest bidder and the proceeds after expenses shall be paid to the City general fund.

(Ord. 1665, Sec. 1)

10-203 Same; Exempt Property.

The following classes of property shall be considered exemptions to Section 10202 and shall be dealt within the following manner:

(a)Cash money shall be turned over to the City general fund unless it shall be determined to have collector’s value, in which case it shall be auctioned according to the provisions in Section 10202.

(b)Firearms which are available for disposition may be dealt with in the following manner:

(1)If compatible with law enforcement usage, they may be turned over to the Police Department inventory.

(2)They may be sold to a firearms dealer who maintains the appropriate federal firearms license in accordance with Kansas Statute.

(3)They may be destroyed.

(4)In no case shall firearms be sold at public auction.

(c)Other weapons such as knives, etc. which are deemed to have a legitimate value may be sold at auction, however, homemade weapons or weapons of a contraband nature shall be destroyed.

(d)Any items to be contraband such as explosives, narcotics, etc., shall be destroyed.

(e)Items of a pharmaceutical nature, which, while not contraband when property dispensed, or which are of an overthecountervariety, shall be destroyed.

(f)Foodstuffs, if sealed and undamaged may be turned over to any appropriate social service agency or destroyed, but shall not be auctioned.

(g)Alcohol products such as beer, wine, whiskey, etc., shall be destroyed.

(h)Items with a value in excess of $500 may be sold after advertising the item in a general circulation newspaper on at least two (2) occasions. Such sales shall be by closed bid.

(Ord. 1665, Sec. 1)

10-204 Claiming Property.

The Police Department shall be required to make reasonable attempts to locate the owner of any property in storage. However, the responsibility for claiming and identifying any such property shall rest solely with the owner.

(Ord. 1665, Sec. 1)

10-205 Proof of Ownership.

Claimants to any property in police storage shall be required to present reasonable proof of ownership and no property shall be released unless such reasonable proof is presented.

(Ord. 1665, Sec. 1)

10-206 Auction.

At such time as it has been determined that an auction is necessary to dispose of unclaimed property, an inventory listing all property to be disposed of shall be prepared and kept on file in the Police Department. Notice of an auction shall be published at least twice in a general circulation newspaper prior to the date of the auction. The notice shall specify the date, time and place of the auction and shall also notify prospective buyers or potential claimants that a list of items to be auctioned is available at the Police Department and any claims on property must be made prior to the start of the auction.

(Ord. 1665, Sec. 1)