HomeMy WebLinkAbout1023 Repealing & Reenacting Ch. 2.5 Unclaimed Property of Municipal Code 03-08-2023ORDINANCE NO. 1023
AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO, REPEALING AND REENACTING IN ITS ENTIRETY CHAPTER 2.50
OF THE FIRESTONE MUNICIPAL CODE REGARDING UNCLAIMED PROPERTY
WHEREAS, the Town's procedures for the disposition of unclaimed property held by the
Police Department set forth in Chapter 2.50 of the Firestone Municipal Code have not been updated
since 2007; and
WHEREAS, the Police Department desires that the procedures be updated to provide for
the efficient disposition of abandoned, lost or unclaimed property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Chapter 2.50, Unclaimed Property, of the Firestone Municipal Code is
repealed in its entirety and reenacted to provide:
2.50,010 — Unclaimed Property — Definitions.
The following words, terms and phrases, when used in this chapter shall, unless otherwise specified,
mean as follows:
Abandoned, lost, or unclaimed property means any item or items, except for motor vehicles, that come
into the possession of the police department and for which the custodian is unable to determine an
owner.
Chief ofpolice means the chief of the Firestone Police Department or the chiefs designee.
Custodian means the person assigned by the chief of police to act as the official holder of all property
coming into the possession of the police department.
Criminal instruments means any personal property seized as evidentiary property and used directly in
the commission of any criminal act, other than such property used in the commission of a traffic
offense.
Day(s), means calendar day.
Evidence means an item or material that has probative value in either tending to prove or disprove a
material fact in a criminal manner.
Owner means a person or entity or a duly authorized legal representative of same, which has a legal or
equitable interest in property subject to this chapter.
2.50.020 — Control of property.
The provisions of this chapter shall, unless otherwise required by law, govern the disposition of all
property delivered or otherwise coming into the possession of the police department.
Such property shall, upon coming into possession of the town, be delivered to the custodian, who shall
secure and keep a record of all such property, which shall include when and from where the property
was obtained.
2.50.030 — Disposition of property.
All abandoned, lost, or unclaimed property, and all property that is no longer being held as evidence in
a judicial proceeding shall be disposed of as follows:
(1) Last known owner determined by custodian.
a. If, following examination of the property and those public records readily available to
the custodian, the custodian is able to identify the owner of the property, the custodian
shall notify the apparent owner by a written notice sent by United States Postal Service
first class mail to the last known address of the apparent owner. Such notice shall state
that if the owner does not make claim to the property within thirty (30) days of the date of
notice, any claim of ownership shall be waived, and the property shall be deemed
forfeited, and become the sole property of the town. In addition, the notice shall state how
to notify the police department to make a claim to the property. The claimant must
provide photo identification to the custodian prior to release of any property.
b. If the apparent owner is unable to perfect a claim such person may designate an agent
to perform such task. The agent must provide the custodian proof of entitlement, which
may include a notarized letter setting forth the agent's powers and duties, a power of
attorney or court order.
(2) No last known owner determined. If, following examination of the property and public
records readily available to the custodian, the custodian is unable to determine the identity of the
owner, the property shall, subject to the procedure set forth in section 2.50.030 (3) herein, be
deemed considered abandoned, lost, or unclaimed.
(3) Procedure. The custodian shall publish a notice in the town's public web -site and post notice
on the police department's website for a period of fourteen (14) days for any property having a
value of two hundred dollars ($200.00) or more, as determined by the custodian, that has not been
claimed by the last known owner, and for all other property that has been deemed abandoned,
lost, or unclaimed. The notice shall describe the property and contain a statement that the
custodian is holding the property, and the place at which the property may be claimed. The notice
shall state that the owner, in claiming the property, must provide proof of ownership acceptable to
the custodian. The claimant must also provide photo identification to the custodian prior to
release of any property. The notice shall state that if no person comes forward within thirty (30)
days of the expiration of the posting of the notice, any claim of ownership shall be deemed
waived, and the property deemed forfeited and the sole property of the town.
(4) Form of claim. Any claim for property shall be on such form or forms as shall be provided by
the custodian, shall be in v<7iting, and shall be signed by the claimant.
a. Each claim received by the custodian, within the claim period as set forth herein, shall
be evaluated by the custodian. The custodian may at any time during evaluation of the
claim request additional supporting documentation from the claimant.
b. if there is more than one (1) claimant for the same property, the custodian may deposit
the disputed property with the registry of the district court in an interpleader or other
action. Should the custodian petition any court to resolve any disputed claims, the
custodian shall notify each claimant of this action.
c. If a claim is upheld with respect to any unclaimed property, the claimant shall, as a
prerequisite to recovering possession, reimburse the town for all reasonable expenses
incurred in the storing or handling of such property.
d. If a claim is denied with respect to any unclaimed property, such property shall be
deemed forfeited and the town shall become the sole property.
(5) Any property deemed forfeited to the town may be disposed of in the following manner:
a. The property may be sold or auctioned in accordance with police department policy.
b. The property may be donated to a recognized charitable institution or nonprofit
organization.
c. The property may, in the discretion of the custodian, be retained by the police
department for use in training or for other official duties.
d. The property may otherwise be destroyed or disposed of as deemed appropriate by the
custodian.
2.50.040 — Exceptions.
(1) Disposition of dangerous, hazardous, or nominal value property. The provisions of section
2.50.030 do not apply to the disposition of dangerous property or property of a value of less than
two hundred dollars (S200.00), as determined by the custodian, any of which, unless ordered
otherwise by judicial order, may be destroyed or disposed of as deemed appropriate by the
custodian.
a. Dangerous or hazardous property includes, but is not limited to, burglary tools,
explosives, armor or bulletproof clothing; gambling apparatus; beer, wine, spirituous
liquors, or fermented malt beverages; cigarettes or tobacco products; soiled, bloody, or
unsanitary clothing and goods; hazardous solids or liquids, drugs, medicines,
pharmaceutical products; hallucinogenic substances, hypodermic syringes or needles;
obscene pictures, images, or other such objects, contained in or on any media or format;
any poisonous or noxious solids or liquids; or any other property which reasonably might
result in injury to the health or safety of the public or be the subject of unlawful use.
(2) Disposition of criminal instruments. The provisions of section 2.50.030 do not apply to the
disposition of criminal instruments. Criminal instrument(s) used by the owner in a criminal
episode shall be destroyed or may be used by the town unless the owner is exonerated of all
charges. Exoneration shall not include a plea of guilty to any charge in exchange for dismissal of
any other charge, a deferred judgment and sentence, or a no contest plea.
a. Criminal instrument(s) used by someone other than the owner in a criminal episode
shall be destroyed or may be used by the town, unless the owner can prove to the
custodian that the property had been taken from the owner and used without the owner's
consent, express or implied, or that the owner was not involved in the criminal acts and
neither knew nor reasonably should have known of those acts.
(3) Disposition of weapons and f rearms. The provisions of section 2.50.030 do not apply to the
disposition of weapons, including firearms, cartridges, and ammunition. These items shall be
disposed of as follows:
a. Illegal or contraband weapon. Any weapon that is illegal, or deemed to be contraband
pursuant to state or federal law shall be deemed forfeited and become the sole property of
the town and disposed of as set forth in section 2.50.030 (5) herein.
b. Lawful possession apparent. If the custodian has determined that the item may be
lawfully possessed by the owner, or other person entitled to the possession of the item, or
if there exists a court order directing that the item be released to such person, the
custodian shall release the item in accordance with the custodian's determination or the
court order.
(4) Lawful possession not apparent. If the custodian has determined that the owner or other
person seeking possession of the item is not legally entitled to possession of the item pursuant to
federal, state, or local law, and if there exists no court order directing that the item be released to
any person, the forfeited item shall be disposed by the custodian as follows:
a. The custodian may authorize the destruction of the item.
b. The custodian may authorize the retention of the item by the police department for the
purpose of training members of the department in the identification, safe handling, and
operation of those weapons.
c. The custodian may authorize the sale of the item, provided that the sale is restricted to
federally licensed dealers or collectors.
Section 2. If any article, section, paragraph, sentence, clause, or phrase of this
ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect
the validity or constitutionality of the remaining portions of this ordinance. The Board of
Trustees hereby declare it would have passed this ordinance and each part or parts hereof
irrespective of the fact that any one part or parts be declared unconstitutional or invalid.
Section 3. Violations of this ordinance shall be punishable in accordance with Section
L I6.010 of the Municipal Code of the Town of Firestone, Colorado.
Section 4. All other ordinances or portions thereof inconsistent or conflicting with
this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or
conflict.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this T day of , 2023.
SEAL
ATTEST:
ti K,-Bashor, CMCI Town Clerk
TOWI�I f)F FIRE, NE, COLORAD0
Drew Alan Peterson, Mayor
APPROVED AS TO
WBV
William P. Ha37aWi, Town Attorney