Ord 1897 - Adding Article II of Chapter 21 of the Town Code Regulating Disposal of Lost and Unclaimed Property and Unclaimed Stolen or Embezzled PropertyORDINANCE 1897
AN ORDINANCE OF THE TOWN OF LOS GATOS
ADDING ARTICLE II OF CHAPTER 21 OF THE TOWN CODE
REGULATING DISPOSAL OF LOST AND UNCLAIMED PROPERTY,
AND UNCLAIMED STOLEN OR EMBEZZLED PROPERTY
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY
ORDAIN:
SECTION I
Article II of Chapter 21 is added to read as follows:
Sec 21.20.010 Receipt and Storage of Lost and Unclaimed Property
The Chief of Police shall make provisions for receiving and safekeeping of lost and
unclaimed property delivered to or coming into the Police Department's possession. Any
person delivering such property who may wish to claim it if the owner does not, shall make
an affidavit meeting all requirements of Civil Code Section 2080.1 including a description
of when and where the property or money was found or saved. A receipt shall be issued
to any person delivering such property or money.
Sec 21.20.015 Holding any Unclaimed Property
Such Property, except unclaimed bicycles, shall be stored in a safe place and such
money deposited and held in the Town's accounts for a period of a least six (6) months,
unless sooner claimed by the owner. Unclaimed bicycles shall be stored in a safe place for
a period of at least three (3) months.
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Sec 21.20.020 Owner May Claim Property or Money
Such Property shall be restored to a claimant who presents evidence of ownership
satisfactory to the Chief of Police, upon payment of all reasonable costs of storage, care,
and administrative processing. If a claimant's evidence of ownership is not satisfactory to
the Chief of Police, delivery of the property or money may be refused until ownership is
established or other disposition ordered by a court of law.
Sec 21.20.025 Finder May Reclaim Property or Money
After expiration of the periods set forth in Section 21.20.015, if the owner has not
appeared and claimed the property or money, a finder who complied with the requirements
of Section 21.20.010 shall have 30 days to appear and claim the property or money. A
public employee or officer who found the property or money in the course of employment
is not eligible to make such a claim.
Sec 21.20.030 Unclaimed Money to be Deposited in the General Fund
Money received by the Chief of Police and not delivered to the owner or the finder
within six months from the date it comes into the possession of the Town, shall be
deposited in the general fund.
Sec 21.20.040 Sale of Unclaimed Property
Upon expiration of the time periods specified in Section 21.20.015 and 21.20.025,
property received and not delivered to the owner or finder may be appropriated to the use
of the Town upon order of the Chief of Police. Property not appropriated to Town use
shall be sold at public auction. Notice of sale shall be given by the Chief of Police at least
once five days before the sale in a newspaper of general circulation published in the Town.
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Sec 21.20.045 Proceeds to be Deposited in the General Fund
After disposal, the Chief of Police shall deliver the proceeds of the sale for deposit
in the general fund.
Sec 21.20.050 Unsalable and Unusable Property
Property of value less than ten dollars not returned to the owner or finder and
property advertised and offered for sale but not sold and not suitable for appropriation to
the use of the Town shall be considered to be of no value and shall be disposed of in such
manner as the Chief of Police directs.
Sec 21.20.055 Dangerous or Perishable Property
Property coming into the possession of the Chief of Police which is determined to
be dangerous or perishable, may be disposed of immediately, without notice, in such
manner as the Chief of Police determines to be in the public interest.
Sec 21.20.060 Applicability of Ordinance
a) This ordinance does not apply to property subject to confiscation under the law
of the State of California or of the United States of America.
b) Consistent with the provisions of this ordinance, Penal Code Section 1411 shall
apply to stolen or embezzled property held as evidence only when unclaimed and no other
provisions of law concerning its disposition apply.
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SECTION II
This Ordinance takes effect 30 days after the date it is adopted. Within 15 days after
this Ordinance is adopted, the Town Clerk shall cause it to be published once in a
newspaper of general circulation published and circulated in the Town.
This Ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on March 16, 1992, and adopted by the following vote as an ordinance
of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on
April 6, 1992.
COUNCIL MEMBERS
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Brent N. Ventura
NOES: None
ABSENT: Mayor Eric D. Carlson
ABSTAIN: None
SIGNED:
ICE -MAYOR OF ZTO WN OF LOS GATOS
LOS GATOS, CALIFORNIA
A 's"IEST:
er
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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