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For the purposes of this chapter, unless otherwise provided, the following words when used in this chapter shall have the meanings ascribed to them in this section:

A. “Collectible item” means any disposable property, including money, ingots or a precious metal commodity, which may be considered collectible or perceived to have an above-average monetary market value.

B. “Community-based nonprofit organization” means a fraternal, charitable, religious, benevolent or other nonprofit organization, actively operating in Bethel, that is exempt from taxation under the Internal Revenue laws of the United States as a fraternal, charitable, religious, benevolent or other nonprofit organization.

C. “Contraband” means any property exported or imported in violation of law, or any property the possession of which constitutes a violation of law or is otherwise prohibited, including controlled substances, drug paraphernalia and altered or counterfeit money.

D. “Controlled substance” means a drug, substance or immediate precursor included in the schedules set out in AS 11.71.140 through 11.71.190.

E. “Dangerous property” means any disposable property in the possession of the police department that is an immediate danger or health hazard to anyone, including city employees or the general public.

F. “Destroy” means destruction, rendering incapable for use and permanently disposing of property by any lawful means, excluding auction, sale or converting to city use.

G. “Destructible property” means any disposable property in the possession of the police department that is dangerous, perishable, forensic evidence released after the final judicial disposition date or any other disposable property that may be destroyed as set out in BMC 4.11.060.

H. “Disposable property” means any property in the possession of the police department, including money or collectible items that can be lawfully released or disposed of after retention periods set out in this chapter. Disposable property does not include motorized vehicles towed or impounded which are regulated by Chapter 10.15 BMC, or city surplus property, regulated by Chapter 4.10 BMC.

I. “Disposition deadline date” is thirty (30) days after the posted date of the notice of disposable property.

J. “Drug paraphernalia” means any item whose objective characteristics or objective manufacturer’s design indicate that it is intended for use in the consumption, ingestion, inhalation, injection or other method of introduction of a controlled substance into the human body or to facilitate a violation of AS 11.71.

K. “Drugs” means prescription drugs, over-the-counter medication or controlled substances.

L. “Evidence” means any property that is collected, found, recovered, seized or otherwise comes into the custody of the police department, and retained for any criminal or internal investigation, judicial, quasi-judicial or adjudicatory proceedings.

M. “Fair market value” means the commercial value that could reasonably be expected for any unclaimed disposable property disposed of under this chapter.

N. “Final judicial disposition date” means the date when all adjudicatory, quasi-judicial and court appeals have been exhausted or the appeal period has expired, for each referenced case and for all persons associated with the evidence in possession of the police department.

O. “Finder” means the person identified on an official police report who has given found property to the police department.

P. “Firearm” means any weapon that is capable of delivering a projectile using an explosive as a propellant, including a pistol, rifle, shotgun, revolver or similar device.

Q. “Found property” means nonevidentiary property held by the police department as lost or abandoned property.

R. “Insubstantial fair market value” means unclaimed disposable property which the police department determines to have a fair market value of fifty dollars ($50) or less.

S. “Money” means any domestic or foreign currency or comparable medium of exchange that is currently in circulation, has value and is generally accepted by a financial institution.

T. “Notice of disposable property” means a printed or electronically accessible document containing information and an itemized list of disposable property in the possession of the police department.

U. “Over-the-counter medication” means any substance that may be lawfully sold over the counter without a prescription, under 21 USC Sections 301 – 392 (Food, Drug, and Cosmetic Act) and 21 CFR Section 1308.22, and any amendments to these federal laws.

V. “Owner” means a person, legal representative or a business with a legal or equitable interest in disposable property, that can produce sufficient proof of ownership acceptable to the police department.

W. “Personal property” means property in the form of personal identification, credit, debit or bank cards, personal credentials, financial or legal documents, mail, photographs, keys, grooming materials, clothing or similar items.

X. “Property” means any item in the possession of the police department classified as evidence, found, safekeeping or for destruction.

Y. “Safekeeping property” means any nonevidentiary property in the possession of the police department placed into temporary custody on behalf of a known owner.

Z. “Unclaimed disposable property” means any disposable property in the possession of the police department that is not claimed by or not timely retrieved after the disposition deadline date.

AA. “Vehicle” means any motor vehicle, motorcycle, motor-driven cycle, snow machine, all terrain vehicle or any classification of trailer. Motor-assisted bicycles, battery-operated toys or machines designed as children’s toys are not considered vehicles.

BB. “Weapon” means any item traditionally used as a weapon, except firearms, and includes a chemical dispensing device, bow, club, baton, crossbow, knife, metal knuckles, martial arts weapon or a gun which uses compressed air to deliver a pellet, BB, paintball or similar projectile, or any explosive component or device. [Ord. 02-34 § 3.]