Chapter 8-24 Lost, Abandoned, Stolen, and Confiscated Property

8-24-010 Custodian of property.

8-24-020 Property held as evidence.

8-24-030 Finder of property.

8-24-040 Disposition generally.

8-24-050 Investigation into ownership.

8-24-060 Notification of owner.

8-24-070 Delivery to owner.

8-24-080 Return to finder.

8-24-090 Escheat.

8-24-100 Disposal of property.

8-24-110 Unauthorized removal of property.

8-24-010 Custodian of property.

The chief of police shall designate an employee of the police department to act as the custodian of all lost, abandoned, stolen, and confiscated personal property coming into the possession of the city. It shall be the duty of such custodian to keep a record of all property placed in his or her custody, including date and place of finding or recovery, serial numbers, a description of the property, the date and method of disposal of the property, and the name and address of all claimants, and except as otherwise provided in this chapter, the custodian shall cause such property to be safely stored until disposal. (Ord. 474, §1, 1982)

8-24-020 Property held as evidence.

The custodian shall keep all personal property seized or held as evidence for use in any pending or prospective trial, unless otherwise ordered by a court having jurisdiction, or unless the prosecuting attorney has authorized otherwise, until final disposition of charges, including appeals or the lapse of time for filing of appeals. Thereafter, unless otherwise ordered by a court having jurisdiction, the custodian shall dispose of the property in accordance with the provisions of this chapter. (Ord. 474 §1, 1982)

8-24-030 Finder of property.

(A) If the finder of lost, abandoned, or stolen property is an officer or employee of the city and has taken possession of such property in the course of his or her employment, the city shall be deemed the finder and such property shall be delivered to the custodian.
(B) If the finder of lost, abandoned, or stolen property is a private person who brings property he or she has found to the city, such property shall be delivered to the custodian. Upon such finder's making a report concerning the location and circumstances of the finding, he or she shall be issued a receipt for the property which shall declare his or her right to reclaim possession thereof. (Ord. 474 §1, 1982)

8-24-040 Disposition generally.

All lost, abandoned, stolen, or confiscated property which has been delivered to the custodian, not being held pending disposition of charges pursuant to section 8-24-020, shall be subject to disposition in accordance with the provisions of this chapter, except for vehicles or other property, the disposition of which is regulated by other ordinance or state statute. (Ord. 474 §1, 1982)

8-24-050 Investigation into ownership.

Upon coming into possession of personal property which has no known owner, the custodian shall notify the director of the police department, who shall cause an investigation to be made into the ownership of the property. (Ord. 474 §1, 1982)

8-24-060 Notification of owner.

(A) If the owner of lost, abandoned, or stolen property is known or is determined as a result of investigation, the custodian shall give notice in writing to the owner that such property is in the possession of the police department, that it may now be reclaimed, and that it will be sold or otherwise disposed of by the city unless the owner reclaims the property within sixty days after the date of the notice. The notice shall be sent to the owner at his or her last known address by regular first class United States mail, postage prepaid.
(B) If the owner of the property is unknown and is not determined by investigation, the custodian shall periodically, and not less than once each year, cause notice to be published in a newspaper of general circulation in the city, which notice shall be published on three different days, and which shall contain the following:
(1) A description of the lost, abandoned, or stolen property then in the possession of the custodian;
(2) A statement that the property will be disposed of by the city unless the owner thereof reclaims the property within sixty days after publication of the notice. (Ord. 474 §1, 1982)

8-24-070 Delivery to owner.

When any lost, abandoned, or stolen property, contraband excluded, is claimed by any person, the custodian, after requiring and obtaining satisfactory proof of ownership, shall release the property to the apparent owner, unless being held pending disposition of charges pursuant to section 8-24-020. For the purposes of this chapter, contraband means any item of property, the possession of which is unlawful pursuant to this code or state or federal statutes. (Ord. 474 §1, 1982)

8-24-080 Return to finder.

If an apparent owner has not made claim to property by the expiration of the time period set forth in the mailed or published notice, any finder of record shall be notified, which notice shall give twenty days after mailing of the notice to claim the property. If the finder, within said twenty-day period, makes a request for the property, the property shall be returned to his or her possession. (Ord. 474 §1, 1982)

8-24-090 Escheat.

If no claimant establishes a right to any lost, stolen, or abandoned property by the expiration of the time period set forth in the mailed or published notice, and no finder has claimed the property within the time period set forth in a notification to any finder, the property shall escheat to the City of Broomfield and the owner or person entitled to the property shall be forever barred from any and all claim or right to such property or the proceeds thereof. (Ord. 474 §1, 1982)

8-24-100 Disposal of property.

(A) Contraband shall be destroyed or turned over to an appropriate authority. If the custodian releases any contraband to any agency, a signed receipt therefor shall be obtained.
(B) All money not having special numismatic value shall be deposited in the general fund of the city, and a receipt therefor shall be obtained from the finance director.
(C) Unclaimed property which has escheated to the city in accordance with section 8-24-090, may be retained by the city for its own use. After the property has escheated, the custodian shall circulate a list of the unclaimed property to all city departments, and on the written request of a department head, shall be released to any department able to make use of the property. A signed receipt for any property so released to a city department shall be obtained.
(D) Any unclaimed property which cannot be used by any department shall be disposed of as surplus property in accordance with the provisions of chapter 3-12 of this code. (Ord. 474 §1, 1982)

8-24-110 Unauthorized removal of property.

It is unlawful for any person to remove any property whatsoever from out of the custody and possession of the police department or any authorized agent thereof, without having first obtained a release of said property from the custodian. This section shall apply to all persons irrespective of ownership or any claim or right any person may have with respect to such property. (Ord. 474 §1, 1982)