Secondhand Sales; police officer hold on property.

Peoria, Ariz., City Code § 11-129

in effect

Sec. 11-129. Secondhand Sales; police officer hold on property. (a) Whenever any peace officer has probable cause to believe that property in the possession of a pawnbroker, secondhand dealer, scrap metal dealer or auction house is stolen, the peace officer may place a hold on the property for a period not to exceed ninety (90) days. The hold shall be effective immediately upon oral or written notice. If the hold is placed orally, it shall be followed by a written notice provided in person or mailed to the business within five (5) days, excluding weekends and City and Federal holidays on which the United States Mail is closed. Written notice may be delivered electronically, including fax or email, to the business owner or designee on file with the police department. If written notice is not issued within five (5) business days, the hold shall be terminated. The written notice of hold shall accurately describe the property, providing the item's brand name and serial number, if applicable. During the hold period, the business shall not release, alter, change, damage or dispose of the property, except pursuant to a court order or upon receipt of a written authorization signed by the Chief of Police or his designee of the law enforcement agency of which the peace officer placing the hold on the property is a member. At the time of receipt of the written hold, the business shall tag and mark the item placed on hold, name of law enforcement agency placing the hold and law enforcement report number. A pawnbroker, secondhand dealer, scrap metal dealer or auction house shall not be subject to civil liability for compliance with this section. If a business believes that a hold has been wrongfully imposed, an appeal of such hold may be filed in the manner provided for disposition of claims of allegedly stolen property provided in this Chapter. (b) Whenever property that is in the possession of a business is subject to a hold and the property is required by a peace officer in a criminal investigation, the business, upon reasonable notice, shall produce the property at reasonable times and places or may deliver the property to any Peoria Police Officer or Peoria Police Department designee. (c) Whenever property that is in the possession of a business is subject to a hold and the property is no longer required for the purpose of criminal investigation, the law enforcement agency that placed the hold on the property shall undertake the following: (1) If the law enforcement agency no longer has probable cause to believe that the property on hold is stolen, the hold shall be released upon written notice, or if in the possession of the law enforcement agency, returned to the business as soon as practicable, but in no event more than twenty (20) calendar days thereafter. (2) In the event an alleged owner of property does not choose to assist in the prosecution of an identified thief, the hold on property will be released upon written notice, and any property recovered by the police department shall be returned to the business. If the alleged property owner wishes to recover the property from the business, the owner shall pay any "out of pocket" expenses paid in the acquisition of the allegedly stolen property in return for the surrender of the property. The property owner shall be notified of same via contact either in person, by phone, or any physical or email address on file with the police department. (3) If no action is taken to recover the property by the person who reported the property stolen within twenty (20) days after the release or return of the property, all holds shall be released and the business in possession of the property may treat the property as regularly acquired in the due course of business. (4) If a pledger seeks to redeem property that is subject to a hold, the business shall advise the pledger of the hold on the property and provide the pledger with a copy of the written notice placing the hold on the property. (d) Whenever any property is taken from a business by a peace officer that is alleged to be stolen property, the peace officer shall give the business a receipt for the property which shall contain an accurate description of the property, including brand name and serial number, the reason for seizure, and the names of the business and the officer. (Ord. No. 99-111, 12/14/99, Enacted (SUPP 1999-4); Ord. No. 2017-27, § 81, 6-13-17; Ord. No. 2020-10, § 13, 8-18-20)

Source: City of Peoria, Arizona, City Code and Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/peoriaaz/latest/peoria_az/0-0-0-50803Fetched: 11/8/2026