§ 2-602. Lost and abandoned property.

(a)

Custody.

(1)

Property which appears to be lost or abandoned, discovered by officers or turned in to the chief of police by citizens shall be disposed of according to this section.

(2)

Lost and abandoned property will be examined by the chief of police for identifying marks in an attempt to determine the owner. If identifying marks are present, they shall be used by the chief of police to attempt to contact the owner to return the property. If no identifying marks are present, the property shall be taken into custody by the chief of police.

(3)

No city employee shall keep for his own use property found in the course of duty, nor take possession of property during off-duty hours when the discovery was made while on duty.

(4)

The chief of police shall permit citizens to claim lost property if they can provide sufficient proof that they are rightful owners.

(5)

No city employee shall receive any lost, stolen, abandoned or other unclaimed property from the chief of police, unless that person receives a written receipt signed by the chief of police, a copy of which shall remain with the clerk-treasurer.

(b)

Procedures for disposal.

(1)

Classes of property. All property which has been abandoned, lost or remained unclaimed for a period of 30 days after the taking of possession of the same by the city shall be disposed of as follows, except that if the property is usable for city operations, the property need not be sold at auction, but may become the property of the city:

a.

Vehicles. Vehicles shall be disposed of as set forth in the applicable provisions of article II, chapter 74 of this Code.

b.

Intoxicating liquor and fermented malt beverages. Intoxicating liquor and fermented malt beverages shall be destroyed.

c.

Firearms or ammunition. Firearms or ammunition shall be returned to their rightful owner, destroyed or transferred to the state crime laboratory, the Division of Law Enforcement Services of the Department of Justice, the Federal Bureau of Investigation or the Alcohol, Tobacco and Firearms Bureau of the U.S. Department of Treasury. Any explosive, flammable or other material proving a danger to life or property may be disposed of immediately upon taking possession thereof. The chief of police and the fire chief are authorized to determine the disposal procedure; provided, however, that any such procedure will attempt to return to its rightful owner any such material which appears to have been stolen. Airguns shall not be sold and shall be destroyed.

d.

Property with a fair market value of $100.00 or less. An item of property with a fair market value of $100.00 or less shall be destroyed or sold at public auction, except that items valued at less than $25.00 may be given to a charitable organization. Perishable property which deteriorates to a fair market value of less than $100.00 shall be destroyed.

e.

Property with a fair market value of over $100.00. An item of property with a fair market value of more than $100.00 shall be sold at public auction or by sealed bid.

f.

Illegal property. Property which cannot be legally possessed shall be destroyed.

(2)

Disposal by auction or sealed bid.

a.

Whenever any property under this section is sold by public auction or sale or by sealed bid, such auction or the awarding of bids shall be preceded by a class 2 notice describing the property and arranging the time and place for the auction or bid submission. Such notice shall be published in the official city newspaper. The property auctioned or sold by sealed bid shall be sold in "as-is" condition to the highest bidder. No sale or auction shall occur until the chief of police has determined that the property has no value to any probable investigation or legal proceeding. The department head responsible for the property shall determine the time in which the successful bidder shall remove the property. If the property is not removed within that time, the property shall revert to the city and the amount of the bid be forfeited to the city.

b.

Any city official selling property under this section shall maintain for two years an inventory of any property not disposed of by auction or sale by sealed bid and shall include a record of the date and method of disposal, any payment received for the property and the name and address of the person acquiring the property.

(3)

Lost property. Property which is found by persons and delivered to the chief of police for the purpose of locating the former owner shall not be considered abandoned or unclaimed under this section until 30 days after mailing to the person finding the property a notice that he may claim ownership of such property. The chief of police shall determine what portion, if any, of the property or its value shall be given the finder. This subsection shall not apply to any city employee finding property in the regular course of his employment.

(4)

Payment to city treasury. All sums received from the sale of property under this section shall be paid to the city treasury.

(5)

City use. At its option, the city may retain for city use items otherwise designated for disposal under this section.

(Code 1994, § 3-4-2)

State law reference

Disposal of abandoned property generally, Wis. Stats. § 66.0137.