§ 54-6. Disposal of unclaimed property in possession of police.

(a)

Generally. The police department may dispose of unclaimed personal property with a public sale or by retaining the property for its own use. As used herein, "unclaimed personal property" is any personal property belonging to another acquired by a police officer in the performance of his or her duties, which (1) is not needed in any criminal prosecution; (2) remains unclaimed by its rightful owner for at least 60 days; and (3) the state treasurer has indicated will be declined if remitted under the Uniform Disposition of Unclaimed Property Act (Virginia Code § 55- 210.1 et seq.).

(b)

Pre-disposal requirements. The chief of police or his or her designee must meet each of the following requirements before disposing of unclaimed personal property:

(1)

A reasonable attempt shall be made to notify the rightful owner of the property; and

(2)

A written statement shall be obtained from the commonwealth's attorney advising that the property is not needed in any criminal prosecution; and

(3)

A notice that there will be a public display and/or sale of the unclaimed property shall be published once a week for two successive weeks in a newspaper of general circulation. The notice shall include a general description of the property selected for disposal along with the date, time, and place of the display and/or sale. The notice shall be available for public viewing at the display and/or sale.

(c)

Disposal procedures. Unclaimed personal property shall be disposed of as follows:

(1)

Unclaimed property may be sold at the time, date, and location identified in the notice. Proceeds of the sale shall be used to pay for the costs of advertisement, removal, storage, investigation as to ownership and liens, and the notice. The police department shall be entitled to a reasonable storage fee for any property not being retained for the department's use.

(2)

Any remaining proceeds of sale shall be held for and paid to the owner upon satisfactory proof of ownership.

(3)

If the owner fails to make a claim for the property or sales proceeds within 60 days of the display and/or sale, any remaining funds shall be deposited in the town's general fund and any retained property may be placed into use by the police department.

(4)

The police department may retain an unclaimed item only if the chief of police determines that (i) there is a legitimate use for the property by the department; and (ii) the retention of the item is a more economical alternative than purchase of a similar or equivalent item.

(5)

An owner may apply to the town for the return of the property or the remaining proceeds of sale within three years of the date of the display and/or sale. Upon receipt of a timely application and satisfactory proof of ownership, the town shall return the property or pay the remaining proceeds of sale to the owner without interest or other charges or compensation.

(d)

Disposal of unclaimed bicycles. The chief of police is authorized to sell or donate to a charitable organization any unclaimed bicycle (or electric personal assistive mobility device, electric power-assisted bicycle, or moped) that has been in the possession of the police department for more than 30 days.

(Ord. of 6-12-2017(2))

State Law reference— Code of Virginia, §§ 15.2-1719 and 15.2-1720.

(Ord. of 6-12-2017(2))

State law reference

Code of Virginia, §§ 15.2-1719 and 15.2-1720.