This article relates to and embraces all lost, stolen, strayed, abandoned, unclaimed or confiscated property which of itself is not contraband or the possession of which is not unlawful, which is now or which may hereafter come into the possession of the authorized officers of the city; provided however, that the property mentioned herein shall not include motor vehicles which shall be sold otherwise by the laws of the State of Kansas, and any property held as legal evidence or that shall be illegal or any property which shall be illegal to possess.

(Ord. 1334, Sec. 1; Code 1991, 7-601)

All personal property of the character described in section 7-501 shall be delivered to the custody of the director of safety who shall retain possession of such property for a period of not less than 90 days, except as elsewhere herein provided, unless the owner or person entitled to the possession of such property shall sooner claim such property and establish his or her ownership and right to possession thereof.

(Ord. 1334, Sec. 2; Code 1991, 7-602)

If the owner or person entitled to the possession of property as described in this article, shall fail to claim such property within 90 days, then at such time or at any time thereafter, the director of safety may cause a notice to be published in the official city paper, setting forth a detailed description of such property and stating that unless the same be claimed within 10 days, such property will be sold at public auction to the highest bidder therefore for cash, and stating the time and place of such sale; provided, that if such property be livestock, the value of which is less than the cost of keeping the same for the periods described in this section such property shall be advertised immediately and sold after a three days’ notice given as herein provided. If the property shall be perishable, then the same shall be sold without the procedure aforesaid in any feasible manner.

(Ord. 1334, Sec. 3; Code 1991, 7-603)

If the owner or person entitled to the possession of property advertised under the preceding section shall fail to claim the same at any time before the date of such sale, then it shall be sold to the highest bidder therefor cash, and the purchaser thereof shall take a good and perfect title thereto.

(Ord. 1334, Sec. 4; Code 1991, 7-604)

If the owner of person entitled to the possession of property contemplated by this article shall claim the same after the publication of the same as provided in section 7-503, he or she shall pay the actual cost of publication, together with the actual cost of keeping such property during its custody.

(Ord. 1334, Sec. 5; Code 1991, 7-605)

Any funds received from the sale of any property as provided in this article, less the cost of publication and keeping the same for sale and the costs of such sale, shall be deposited with the city treasurer and shall be kept in a separate fund, during which time the former owner of the property may claim the fund received from the sale of such property, less the deductions provided in this article. If such fund be not claimed within the period of six months such sum shall be paid to the general fund of the city.

(Ord. 1334, Sec. 6; Code 1991, 7-606)

If the director of public safety shall ascertain that the property as provided in this article shall not be of sufficient value to justify a sale as provided herein, he or she shall hold such property until a sale shall be justified. If the property shall be of little or no value then the same may be destroyed as refuse with a record being kept as to such disposal. Provided that property shall not be given to any person unless the same shall have been approved by the governing body of the city.

(Ord. 1334, Sec. 7; Code 1991, 7-607)

The Department of Public Safety is required to establish regulations detailing the collection, storage, and inventory of property which may come under its control by any manner.

(Code 2010)

Any property which has been acquired or turned over to the Department of Public Safety and has been classified in accordance with procedures existing in the Department of Public Safety as unclaimed or for which the proper owner cannot be ascertained shall be kept for a minimum of 90 days. After a period of 90 days, such property, except as provided in section 7-503, shall be sold at public auction to the highest bidder and the proceeds after expenses shall be paid to the city general fund.

(Code 2010)

The following classes of property shall be considered exceptions to section 7-502 and shall be dealt with in the following manner:

(a)   Cash money shall be turned over to the city general fund unless it shall be determined to have collector’s value, in which case it shall be auctioned according to the provisions in section 7-502.

(b)   Firearms which are available for disposition may be dealt with in the following manner:

(1)   If compatible with law enforcement usage, they may be turned over to the department of public safety inventory.

(2)   They may be sold to a firearms dealer who maintains the appropriate federal firearms license.

(3)   They may be destroyed.

(4)   In no case shall firearms be sold at public auction.

(c)   Other weapons such as knives, etc., which are deemed to have a legitimate value may be sold at auction, however, homemade weapons or weapons of a contraband nature shall be destroyed.

(d)   Any items determined to be contraband such as explosives, narcotics, etc., shall be destroyed.

(e)   Items of a pharmaceutical nature, which, while not contraband when properly dispensed, or which are of an over-the-counter-variety, shall be destroyed.

(f)   Foodstuffs, if sealed and undamaged may be turned over to any appropriate social service agency or destroyed, but shall not be auctioned.

(g)   Alcohol products such as beer, wine, whiskey, etc., shall be destroyed.

(h)   Items with a value in excess of $500 may be sold after advertising said item in a general circulation newspaper on at least two occasions. Such sales shall be by closed bid.

(Code 2010)

The Department of Public Safety shall be required to make reasonable attempts to locate the owner of any property in storage. However, the responsibility for claiming and identifying any such property shall rest solely with the owner.

(Code 2010)

Claimants to any property in the Department of Public Safety’s storage shall be required to present reasonable proof of ownership and no property shall be released unless such reasonable proof is presented.

(Code 2010)

At such time as it has been determined that an auction is necessary to dispose of unclaimed property, an inventory listing all property to be disposed of shall be prepared and kept on file in the department of public safety. Notice of an auction shall be published at least twice in a general circulation newspaper prior to the date of the auction. The notice shall specify the date, time and place of the auction and shall also notify prospective buyers or potential claimants that a list of items to be auctioned is available at the department of public safety and any claims on property must be made prior to the start of the auction.

(Code 2010)