2.80.070 Disposition of property authorized.
Whenever any unclaimed personal property comes into the possession of the city in connection with the official performance of its duties, and the personal property remains unclaimed or not taken away for a period of 60 days from date of written notice to the owner thereof, if known, and in all other cases for a period of 60 days from the time the property came into the possession of the police department, unless the property has been held as evidence in any court, then, in that event, after 60 days from the date when the case has been finally disposed of and the property released as evidence by order of the court, the city may:
A. At any time thereafter sell the personal property at public auction to the highest and best bidder for cash in the manner provided in this section;
B. Retain the property for the use of the police department subject to giving notice in the manner prescribed in LMC 2.80.080, and the right of the owner, or the owner’s legal representative, to reclaim the property within one year after receipt of notice, without compensation for ordinary wear and tear if, in the opinion of the chief of police, the property consists of firearms or other items specifically usable in law enforcement work; provided, that at the end of each calendar year during which there has been such a retention, the police department shall provide the city’s mayor and retain for public inspection a list of such retained items and an estimation of each item’s replacement value; provided further, the item shall be given an official inventory number and used only in official police department business;
C. All guns, firearms or other weapons not designated for use in official police business shall be destroyed under the direction of the chief of police if the following circumstances have occurred:
1. The item has been in the possession of the police department for a period of at least one year from the time of first possession by the department;
2. The item has been unclaimed by any person after notice procedures have been met, as prescribed in LMC 2.80.080;
D. If the item is not unsafe or illegal to possess or sell, such item, after satisfying the notice requirements as prescribed in LMC 2.80.080, may be offered by the chief of police to bona fide dealers, in trade for law enforcement equipment, which equipment shall be treated as retained property for purpose of annual listing requirements of subsection (B) of this section. (Ord. 1230 § 7, 1982)