ORD20181423-Chapter 263-22-Final
COMMON COUNCIL – CITY OF MUSKEGO
ORDINANCE #1423
AN ORDINANCE TO AMEND CHAPTER 263,
SECTION 263-22,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Disposal of Abandoned or Unclaimed Personal Property)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 263, Section 263-22, of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
263-22. DISPOSAL OF ABANDONED OR UNCLAIMED PERSONAL PROPERTY.
A. Custodian. The Chief of Police or their designee shall be the custodian of all
personal property that has been lost, abandoned, or picked up during the course
of a police investigation. The Chief of Police or their designee having custody of
the property shall attempt to return the property to the rightful owner.
B. The Chief of Police or their designee may, pursuant to Wis. Stats. §66.0139,
dispose of any such property abandoned or unclaimed for a period of 30 days, by
any of the following means, as determined by the Chief of Police or their
designee to be in the best interest of the City:
(1) The property may be sold at public auction, including an internet auction
service contracting with the City.
(2) The property may be sold without a public auction at a sale open to the
public, including internet-based sales such as eBay.
(3) The property may be sold in a private sale through an agreed-upon
amount of sale.
(4) The property may be retained by the City for its own use.
(5) The property may be donated.
(6) The property may be destroyed or discarded as trash, recycled, or sold as
scrap.
(7) The property may be used in trade on other property to be acquired.
(8) The property may be sold, traded, or transferred to an outside publicly
funded agency.
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C. Firearms. Any seized firearm, ammunition or dangerous weapon shall not be
returned to any person who committed a crime involving the use of the seized
item. Seized property that is a firearm, ammunition, or dangerous weapon may
be returned to the rightful owner under this section if the owner had no prior
knowledge of and gave no consent to the commission of the crime. Firearms,
ammunition, or dangerous weapons which are abandoned or remain unclaimed
for a period of 30 days shall be returned to the rightful owner, destroyed, or
transferred to the State Crime Laboratory established under §165.75, Wis. Stats.
D. Seized Property. If property seized pursuant to a search warrant or seized
without a search warrant is not required for evidence or further investigative use,
and has not been disposed of pursuant to a court order, the custodian or their
designee shall make reasonable attempts to notify all persons who or may have
an authorized rightful interest in the seized item that they may apply for return of
the seized item pursuant to §968.20, Wis. Stats. Any item that has not been
applied for its return within 30 days of notice shall be considered abandoned or
unclaimed and disposed of pursuant to this section.
E. Record Keeping.
(1) Records of the sale or destruction of personal property shall be
maintained by the Chief of Police or their designee in whose custody the
personal property had been committed. The records shall include the
following information:
(a) Description of the property;
(b) The date of the sale or destruction;
(c) The method of disposal;
(d) Consideration received for the property, if any,
(e) If the property is sold or otherwise transferred, the name and
address of the person taking possession of the property.
(2) Such records shall be kept as public record for a period of not less than
two years from the date of the disposal of the property
F. Deposit into City Account. All money retained by the City as described in this
section, or that is found by a City official, employee, or agent that is unclaimed
and all proceeds of any sale of abandoned or unclaimed property shall be
deposited by the Director of Finance and Administration into the general account
of the City of Muskego.
G. Return of lost property to finder or owner. Sections 170.07 through 170.105, Wis.
Stats., as amended from time to time, are incorporated herein by reference. Any
decisions, determinations and certifications to be made by a law enforcement
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agency under the aforesaid statutes shall be made by the Chief of Police or their
designee, upon such proof which may be deemed sufficient, in the sole discretion
of the Chief of Police or their designee, respectively.
H. Stolen Property. If the Custodian has property in their possession that appears to
be or is reported stolen they shall attempt to return the property to the rightful
owner before disposing of the property as allowed by this section.
SECTION 2: The several sections of this ordinance are declared to be severable. If any
section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the
specific section or portion thereof directly specified in the decision, and not affect the
validity of all other provisions, sections or portion thereof of the ordinance which shall
remain in full force and effect. Any other ordinance whose terms are in conflict with the
provisions of this ordinance is hereby repealed as to those terms that conflict.
SECTION 3: This ordinance shall be in full force and effect from and after its passage
and publication.
TH
PASSED AND APPROVED THIS 27 DAY OF NOVEMBER 2018.
CITY OF MUSKEGO
Kathy Chiaverotti, Mayor
ATTEST: First Reading: November 13, 2018
Clerk-Treasurer
Newly Enacted Ordinance Published: December 5, 2018