TITLE 8 HEALTH AND SAFETY
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)
<< previous | next >>