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HomeMy WebLinkAboutOrd 4404 02/18/1992 ORDINANCE NO. 4404 AN ORDINANCE AMENDING ARTICLE VIII OF CHAPTER 4 OF THE VI?,T,AGE CODE OF MOUNT PROSPECT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the 18th day of ..~ebrua~y , 1992 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the · ~9th day of February , 1992. 1/27/92 EH/caf 4404 ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE VIII OF CHAPTER 4 OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT ~D BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Article VIII entitled "Department of Police" of Chapter 4 of the Village Code of Mount Prospect, as amended, is hereby further amended by adding thereto Section 4.816 entitled "Disposition of Abandoned Property"; so that hereinafter said Article VIII of Chapter 4 shall include the following: " Sec. 4.816. Disposition of Abandoned Property A. Office of Property Custodian Created. This Section creates the office of Property Custodian for the Mount Prospect Police Department. The Property Custodian may be an Officer of the Police Department or a civilian. The Property Custodian shall be appointed by and serve at the pleasure of the Chief of Police. B. Duties of Property Custodian. The Property Custodian shall be the custodian of all personal property seized, taken or otherwise transferred to the possession of the Police Department. All Officers and members of the Police Department who, in the course of duty, come into possession of any personal property shall deliver it promptly to be Property Custodian, unless it is needed for immediate use as evidence. If it is needed immediately as evidence, that fact shall be reported, in writing, promptly to the Property Custodian. Nothing in this Section shall require the Property Custodian to take possession or dispose of any lost or stolen property, if the possession or disposition of it is otherwise provided for by this Village Code. C. Custody and Disposition of Personal Property. The Property Custodian shall maintain a complete and accurate record of all personal property seized or transferred to the possession of the Police Department. In the case of property which is not contraband or needed as evidence, the Property Custodian shall make a reasonable effort to identify and notify the owner or any other person entitled to possession, and shall return the property after the person provides satisfactory proof of ownership or right to possession. The person claiming a right to the property shall reimburse the Police Department for reasonable expenses and costs of the custodianship. If the identity or location of the owner or other person entitled to possession has not been ascertained within sixty (60) days after the Police Department obtains possession, the Property Custodian shall proceed to dispose of the personal property. If the property is saleable, the Property Custodian shall cause to be published, in the newspaper of general circulation within the Village, a notice of sale describing the property in general terms and specifying the Village's intent to sell it at publicauction for cash at the location specified. The property will then be sold at public auction in a manner permitting inspection by the bidders of the personal property. Property offered, but not sold, at such auction may be offered and sold at subsequent public auction without further notice. If any personal property is deemed to be of use to any Village Department, the property may be retained for use of the Department upon approval of the Village Manager. Abandoned Property Page 2 of 2 Any personal property specified as unsalable for any reason by the Property Custodian shall be confiscated or destroyed. The proceeds of any sale, after deducting the cost of storage, advertising, and other expenses incident t° the handling and sale of the property, shall be paid by the Property Custodian to the Village of Mount Prospect Finance Director who shall deposit said proceeds in the General Fund of the Village. D. Exception; Weapons. The preceding provision of this Section shall not apply to pistols, revolvers, knives, dirks, slingshots, metallic knuckles, or other deadly or injurious weapons. All such weapons, except those that the Chief of Police shall order retained for the use of the Police Department, shall be presented for the Chief of Police for destruction within one year after receipt. E. Perishable Property. If perishable property is seized or transferred to the possession of the Police Department, the Property Custodian, upon certifying in writing the perishable nature of the property to the Chief of Police, shall, upon the approval of the Chief of Police, cause the property, if saleable, to be advertised for sale by posting at three (3) public places within the Village and shall sell such personal property at public auction at any time after three (3) days have elapsed from its seizure or taking possession. Any personal property deemed to be unsalable or dangerous shall be disposed of as refuse or in other reasonable manner as the Chief of Police may direct. F. Property Held for Evidence. Any property held for evidence shall be disposed of according to this Section after the passage of thirty-five ('35) days from the date when all appeals have been exhausted or sooner upon written authorization from the State's Attorney or the Village Attorney." SECTION TWO: That all Ordinances or Resolutions, or parts thereof, which are in conflict with the provisions of this Ordinance are, to the extent of such conflict, expressly repealed. SECTION THREE: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Busse, C]owes, Corcoran, Hoefert, Floros, Wilks NAYS: None , ABSENT: None PASSED and APPROVED this ]Rth day of F~h~,~a~y , 1992. ATTEST: Village President / Carol A. Fields Village Clerk