HomeMy WebLinkAboutORDINANCE - 1326 - 8/28/1979 - POLICE DEPT/UNCLAIMED PROPERTYORDINANCE NO. 1326
AN ORDINANCE AMENDING CHAPTER 23
MISCELLANEOUS REGULATIONS BY
PROVIDING FOR A NEW ARTICLE
ENTITLED DISPOSITION OF LOST OR
UNCLAIMED PROPERTY
WHEREAS, the Village of Elk Grove Village is a Home Rule
Municipality as defined in the Constitution of the State of
Illinois and is empowered to enact such regulations pertaining
to its local governmental affairs, which have not been specifically
preempted by the State of Illinois; and
WHEREAS, the Police Department of the Village of Elk Grove
Village has from time to time come into possession of lost or
unclaimed property to the extent that there is inadequate
storage space for the retention of same beyond the period of 90
days; and
WHEREAS, it has been the experience of the Police Department
of the Village that such property has been claimed if at all
within the first 90 days and that little or no claims are made
thereafter;
NOW, THEREFORE, BE IT ORDAINED by the President and Board
of Trustees of the Village of Elk Grove Village, Counties of
Cook and DuPage, Illinois, .as a Hame Rule Municipality, as follows:
Section 1: That Chapter 23 Miscellaneous Regulations of
the Municipal Code of the Village of Elk Grove Village be and
the same is hereby amended by adding thereto a new article
which article shall read as follows:
XVI. Disposition of Lost or Unclaimed property.
23.1601 Application - The provisions of this Article are
applicable to all personal property of which possession is
transferred to the Police Department of the Village under
circumstances supporting the reasonable believe that such property
was abandoned, lost or stolen or otherwise illegally possessed,
except property seized during a search, and retained and ultimately
returned, destroyed or otherwise disposed of pursuant to an Order
of a Judge or Court in accordance with State Statutes.
23.1602 Return of Property - Such property believed to be
abandoned, lost or stolen or otherwise illegally possessed shall
be retained in custody by the Chief of Police or his designated
agent, who shall make a reasonable inquiry to identify and
notify the owner or other person entitled to possession thereof,
and shall return the property after such person provides
reasonable and satisfactory proof of his ownership or right
to possession and reimburses the Police Department for all
reasonable expenses of such custody.
23.1603 Sales of Unclaimed Property - If the identity
or location of the owner or other person entitled to possession
of the property has not been ascertained within three months
after the Police Department obtains such possession, the Chief
of Police or his designated agent shall effectuate the sale of
the property for cash to the highest bidder at a public auction,
notice of which (including time, place and a brief description
of such property) shall be published at least once in a news-
paper of general circulation in the Village at least ten days
prior to such auction. Property offered but not sold at such
public auction may be offered and sold at a subsequent public
auction without such notice.
23.1604 Deposit of Proceeds - Proceeds of the sale of the
property at public auction, less any reimbursement to the Police
Department for the reasonable expenses of custody thereof, shall
be deposited in the General Corporate Fund of the Village.
23.1605 Recovery of Property by Owner - The owner or other
person entitled to possession of such property may claim and
recover possession of the property at any time before its sale
at public auction, upon providing reasonable and satisfactory
proof of ownership or right to possession and reimbursing the
Police Department for any reasonable expenses of custody thereof.
Section 2: That this Ordinance shall be in full force and
effect from and after its passage, approval and publication
according to law.
VOTES: AYES: 6
NAYS: 0
ABSENT: 0
APPROVED:
Charles J. Zettek
Village President
-2-