§ 23-32. General.

All property coming into the possession of the police department shall, except as otherwise provided by law, be disposed of at any time thereafter in the manner provided in this article, except:

(1)

Evidence obtained for use in a criminal proceeding is subject to any additional conditions of disposal under Rule 28.2, Arizona Rules of Criminal Procedure.

(2)

Property seized as a forfeiture shall be disposed of under Arizona Revised Statutes title 13, chapter 39 (A.R.S. § 13-4301 et seq.).

(3)

Intangible property shall be disposed of under the Revised Arizona Unclaimed Property Act, Arizona Revised Statutes title 44, chapter 3, Article 1 (A.R.S. § 44-301 et seq.).

(4)

Abandoned and unclaimed vehicles shall be disposed of under Arizona Revised Statutes title 28, chapter 11 (A.R.S. § 28-4831 et seq.).

(5)

Contraband and any other property that is unlawful to possess shall be:

(i)

Destroyed by the police department; or

(ii)

Retained and utilized by the police department; or

(iii)

To the extent allowed by law, transferred to the purchasing department, which shall, in consultation with the police department, sell, lease, loan or transfer the property to any local, state or federal law enforcement agency, with expenses for keeping and transferring such property to be paid by the recipient.

(6)

Perishables may be destroyed by the police department if not claimed within seventy-two (72) hours from the date the property first comes into the department's possession.

(7)

Hazardous material shall be disposed of in accordance with federal, state and local law, ordinance, regulation, order or policy.

(8)

Firearms will be disposed of pursuant to Arizona Revised Statute §12-945(B).

(Ord. No. 3625, § 1, 6-7-05; Ord. No. 4051, § 1, 12-3-12)