4.11.060 Disposition of destructible property.
A. The following types of disposable property may be destroyed in accordance with the provisions of this chapter:
1. Unclaimed safekeeping property acquired under BMC 4.11.020(A)(2);
2. Property ordered to be destroyed by a court or pursuant to a plea bargain agreement;
3. Property, including money, determined by the police department to be contaminated, a biohazard or health hazard;
4. Ammunition, contraband or personal property;
5. Property determined by the police department to be unserviceable, junk or waste, have insubstantial fair market value, or does not sell at an auction; and
6. Prescription or over-the-counter medication; except, that the police chief may authorize the return of a prescription when there is no evidence of contamination or product tampering and the owner can provide evidence of a valid medical need.
B. Notwithstanding other provisions of this chapter, firearms or weapons may be destroyed or rendered incapable of use, and then permanently disposed of by any lawful means, when the police chief or a United States Department of Treasury official inspects, examines or otherwise determines:
1. There is a violation of municipal, state or federal law, such as the Federal Firearms Act, which makes the weapon or firearm not legal for private ownership or possession; or
2. The weapon or firearm is unsafe, a biohazard or presents an immediate or inherent danger to the public, or is determined by the police chief to be in the best interest of the community.
C. Any property that comes into the possession of the police department that it determines to be perishable or dangerous may be immediately disposed of by any lawful means. [Ord. 02-34 § 3.]