§ 19-2-101. AUTHORIZED METHODS OF DISPOSAL.

(a)

In general. The Department may sell at public auction any and all lost, abandoned, stolen, lawfully seized, or unclaimed property, of every kind and description, remaining unclaimed for 30 days or more in the possession or under the control of the Department.

(b)

Advertisement.

(1)

Not less than 10 days before a public auction sale under this section, the Department shall advertise the sale once in one or more newspapers of general circulation.

(2)

The advertisement shall include:

(i)

A statement that the Department will offer for sale at public auction lost, abandoned, stolen, lawfully seized, or unclaimed property;

(ii)

A detailed description of the property to be sold; and

(iii)

The date, time, place, and terms of the sale.

(c)

Attempt to locate owner. Before selling any property as provided in this section, the Department shall make a reasonable effort to ascertain the owner of the property and shall, if the owner's residence is known, mail a notice by registered mail to the owner, at least 10 days before the date of the sale.

(d)

Bicycle.

(1)

If the property described in subsection (a) of this section is a bicycle, the Department shall make reasonable efforts to locate the owner.

(2)

At the end of the 30-day period required under subsection (a) of this section, if the owner has not been located or claimed the property, the Department may dispose of the bicycle, either by public sale, as provided in this section, or by making a gift of the bicycle to:

(i)

Any charitable or nonprofit agency or institution in the county; or

(ii)

The Baltimore County Foster Parents Association.

(e)

Evidence. If any property described in subsection (a) of this section is to be used as evidence in a judicial or administrative proceeding, the Department may not sell or otherwise dispose of the property until the proceeding is completed and the period of time for an appeal has expired.

(f)

Official use. If the property described in subsection (a) of this section is suitable for official use by the Department, the Chief of Police may by regulation provide for official use of the property instead of selling the property at public auction.

(g)

Destruction. The Chief of Police may by regulation provide for the destruction of property described in subsection (a) of this section if:

(1)

The property is not required as evidence;

(2)

Reasonable inquiry has failed to identify the owner or the owner has not claimed the property; and

(3)

The property is not adaptable for use and has no apparent monetary value.

(1988 Code, § 27-41) (Bill No. 96-00, § 2, 7-1-2004)