C.

Unclaimed property in the custody of the Department of Public Safety that was found and placed into the department’s custody by a person not employed by the City may be returned to the finder, provided that all of the following conditions are met:

1.
The property is not a weapon, firearm or dangerous ordnance;
2.
The property is not drugs, drug paraphernalia, beer, intoxicating liquor or alcohol, obscene material, or any other dangerous or illegal material;
3.
The owner of the found property is unknown, or cannot be located, or fails to claim the property within 60 days the applicable holding period after a reasonable effort to locate and notify the owner as described in section 151.03(B); and
4.
At the time the property was placed into the department’s custody, the person who found the property signed an affidavit that they are the finder of the property in question, that they did not obtain the property illegally, that they have fully and truthfully informed the department of all circumstances surrounding the finding of the property, and that they desire to receive the property if it goes unclaimed by its rightful owner.
D.

A person loses any right he may have to possession of property in either of the following circumstances:

1.
The property was the subject of, or was used in a conspiracy or attempt to commit or in the commission of, a criminal offense other than a traffic offense, and such person is a conspirator, accomplice, or offender with respect to the offense;
2.
Upon determination by a court of competent jurisdiction that the property should be forfeited.
E.

Unclaimed and forfeited property in the custody of the Department of Public Safety shall be sold or disposed of in the manner deemed by the City Manager to be the most practical and beneficial to the city, as described in Section 151.02(C), subject to the following exceptions:

1.
Drugs shall be destroyed, or shall be placed in the custody of the Secretary of the Treasury of the United States for disposal or use for medical or scientific purposes under applicable federal law.
2.
Weapons, firearms, and dangerous ordnance suitable for police work, or which may be traded in to offset the purchase of items suitable for police work, may be retained by the department for that purpose. Weapons or firearms suitable for sporting use, or as museum pieces or collector’s items, may be sold or disposed of in the manner deemed by the City Manager to be the most practical and beneficial to the city, as described in Section 151.02(C). All other weapons, firearms, and dangerous ordnance shall be destroyed.
3.
Obscene materials shall be destroyed.
4.
Beer, intoxicating liquor or alcohol seized from a person who is not the holder of a permit issued under Chapters 4301 and 4303 of the Ohio Revised Code, or from a person who is an offender and the same has been forfeited to the state under Section 4301.45 or 4501.53 of the Ohio Revised Code, shall be destroyed or turned over to the Department of Liquor Control to be sold pursuant to Section 2933.41(D)(4) of the Ohio Revised Code.
5.
Any other item of personal or real property forfeited under any law of the United States or the State of Ohio or ordinance of this city may be retained by the city for its own use.

SECTION II.

It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal action were in meetings open to the public, if required, in compliance with all legal requirements including Ohio R.C. 121.22.

SECTION III.

This ordinance shall take effect as of the earliest date permitted by law.