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-4- <br />the property, such as returned to the owner, destroyed or sell at auction etc. <br />All itExns canin;g into the pro�erty� room will be destroyed. or returned to owner <br />as soon as possible. The City �ttorney's opinion in a11 cases where there has <br />been a conviction, by plea o� finding �uilty,� and ten days have elapsed wzthout ( <br />notice of appea�., the property can be returned to the xight�ul awner or otherwise ` <br />disposed of. �n cases of a sta5-ed imposi�ion of sentence or other forms of <br />probation, the property s-riZ� maST b� disposed of as long as no notice of appeal has <br />been filed withan ten clays of the conviction. In cases of Project £,�mand Diversion, <br />technically the evidence still should be avai�able because the de�endant ma.y be <br />dismissed un�avorabie frcm Project Re�and and req�xed to sta.nd trxal. <br />�rdinance �,�unber S49 da.ted June 11, 1�7�, shaJ.l be �olzow�d and made a part of <br />this procedure. <br />Property found and turn�d. in w�.11 be held for a zninimEma of six months. If found <br />by a citizen, it ma.y be returned to that citizen if he/she sulxaits a letter, at <br />the time the property is turned in, c].aaming the property. Property may also <br />be placed in a public auctzan or destx�yed. The methad of disposition will be <br />determined by the Ghief of Police. Handguns taken under no cri�i.nal acti.on ma.y be <br />returned to the rightful owx�er at the discret ion a� the Chiei of Police upon <br />proof of cn�,nership. Hand�ans taken under crimina,l action, may be returned with ° <br />a court order, or destr.oyed a,�ter a period o� ane year. Long guns, rifles, or <br />shotguns �vill be held �or a period of 60 c�a.ys, and if they are determi.ned to be <br />i.n safe operable condition, will be sold at an auction for registered iireaxm.s <br />dealers or turned over �he State Bureau oi G`riminal Apprehension, Bureau o� <br />Alcohol Tobacco Firearn�s. �� the�.� are not i.n a safe operab]�e condition they <br />axe to be destroyed. Itc�ns or e��zdence used in a homiczde or att�npted homicide, <br />ma.y not be relased nor can zt�±s or evidence tha.t are a.gainst Sta�e or Federa� <br />_ Laws. Ite3ns ta.ken under a s�arch ti.�arx�ant rnay n�t be returned or dxspos�d of <br />�� wi�thout a court order, or without peYmission fran the prosecuting attorney. � <br />AUCI`ION: It has been our �perience that duri.ng the Public Auctions, person(s) <br />have attarEpted cJ�aimang propert��. The pa].icy of the department is that when <br />thzs occurs, px-operty �vilZ be rEturn�d only under the following condit�.ons. <br />l. A theft report exis±s tY?at was f�.l�.�d wi�h apolzce depaxtrr_ent prior <br />to the date of the auction and lists the it�ns by serial ntunber and <br />moclel ntunber; or, gi��ing an exact description �hat is not open to <br />interpretation with an�� do�:bt (scx�atches, ehips, Opera�ion ID Ntunber, <br />etc.; or <br />2. The allegeci owner (property claimant) ca.n produce a bnyer's re�eipt/ <br />invoice with his/her name and �escri.ption of the item ut�.lizing the <br />same crxteria as outlanecl in condition one. <br />If i� is detexmined that pro�erty has a rightful. owner, that or�ner �vill be <br />notified by mail i�hat the propertS� mi.ist b� picked up with ten days of the <br />wri�ten notice, or it �rill be ciis�osed of either by auct�on or destroying it. <br />� <br />