§ 2-240. Firearms and dangerous weapons.

Firearms and dangerous weapons which come into the possession of the police department will be disposed of as follows:

(1)

Firearms which are received for safekeeping or which are received as found property and for which the owner is unknown at the time received may be returned to the owner upon showing of proper proof of ownership. Items which are not claimed by the owner within ninety (90) days shall be disposed of as provided for in subsection (4) of this section.

(2)

Firearms which are placed in evidence as evidence of a crime will be kept until they have no foreseeable evidentiary value. At that time, if the owner of the firearm is known and upon direction of the chief of police, the firearm may be returned to the owner upon showing of proper proof of ownership unless the firearm was used by the owner in the commission of a crime, in which case the firearm will not be returned to the owner except upon receipt of a court order. Firearms which are not claimed by the owner within ninety (90) days shall be disposed of as provided for in subsection (4) of this section.

(3)

Dangerous weapons other than firearms which were received as recovered or found property and which have no foreseeable evidentiary value may be returned to the owner, except for contraband items or items which would be illegal for a citizen to possess. Dangerous weapons which were used by the owner in the commission of a crime will not be returned to the owner. Items not claimed by the owner within ninety (90) days and items not returnable to the owner will be destroyed as provided for in subsection (4) of this section.

(4)

The procedure for disposal of firearms and other dangerous weapons which are unclaimed shall be in accordance with the following:

a.

Public notice of pending disposition; time limitations for disposal. An effort will be made, by certified mail, to notify the known owner of all firearms and dangerous weapons, except those excluded by this subsection or other state or federal laws, or by having a notice placed for five (5) successive days in a newspaper, if the owner is unknown, specifically describing each item and advising possible owners of the items of the method of contacting the police department. The advertised firearms will not be disposed of less than fifteen (15) days or more than thirty (30) days after the last advertising notice has run.

b.

Conversion to use by the city. Advertised firearms not claimed by the owner, firearms not returned to the owner because of the operation of this subsection or any other state or federal law, and any other dangerous weapon not returnable to the owner may be converted over to use by the police department upon a written request being submitted to the city commission and upon approval of the request by the city commission. A record will be maintained of each weapon or other dangerous weapons which have been converted over to city use and will include a complete description of each item and the use to which each is to be put. The items will also be included on the property books of the department which has custody of the item.

c.

Destruction. Any firearms or dangerous weapons which are not converted over to city use as provided for in this subsection will be disposed of by having the items melted down until they no longer are of value or use as a weapon. Records will be maintained showing a complete description of each item destroyed and will be signed by at least two (2) witnesses to their destruction.

(Ord. No. 0-85-3, § 15-1(c), 2-5-85)