DISPOSAL OF LOST, UNCLAIMED, OR CONTESTED PROPERTY

Gilbert Town Code ch. 2, art. V

in effect

Gilbert Town Code § 2-391 Definitions.

Sec. 2-391. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings as set forth below: Intangible property shall have the definition as described in A.R.S. § 44-301. Personal property means property of every kind, except real property and intangible property. Spirituous liquor means any beverage or liquid containing more than one half of one percent of alcohol by volume. Stolen property means money or property to which the owner has been unlawfully deprived of possession and which has been taken into police custody pursuant to a commission of any crime as defined by the laws of the state or the town. Weapon means any firearm or any other instrument capable of discharging a dangerous or deadly object, or any other instrument capable of inflicting bodily injury. (Ord. No. 1131, § I, 11-10-98)

Gilbert Town Code § 2-392 General.

Sec. 2-392. - General. All unclaimed, lost or abandoned money or personal property coming into the possession of the town shall be disposed of by the police department pursuant to this article, except: (1) Evidence obtained for use in a criminal proceeding is subject to any additional conditions of disposal under Rule 28.2, Rules of Criminal Procedure; (2) Property seized as a forfeiture shall be disposed of under A.R.S. § 13-4301 et seq. or A.R.S. § 13-3105; (3) Illegal drugs not used for evidence or as forfeitures shall be disposed of under A.R.S. § 13-3413; (4) Intangible property and unpaid wages shall be disposed of under the Unclaimed Property Act, A.R.S. § 44-301 et seq.; (5) Abandoned and unclaimed vehicles shall be disposed of under A.R.S. § 28-4839 et seq. (Ord. No. 1131, § I, 11-10-98; Ord. No. 1353, § I, 4-3-01; Ord. No. 2552, § I, 8-27-15)

Gilbert Town Code § 2-393 Notice of disposition.

Sec. 2-393. - Notice of disposition. Within 30 days after receiving possession of unclaimed money or personal property of an estimated value of $150.00 or more, including unclaimed money or property used as evidence or seized by police after final disposition of the cause, the police department shall serve a notice of disposition containing the following information: (1) A brief description of the property. The name and address of the owner or finder of the money or property, if known. (2) A statement that the owner or finder must claim and take possession of the money or property no later than 30 days following the date of the notice, or else the police department may destroy, donate to charity, or sell the property at a public auction. (3) A record of all transactions shall be maintained for at least 24 months. (Ord. No. 1131, § I, 11-10-98; Ord. No. 2426, § I, 5-2-13; Ord. No. 2528, § I, 3-26-15)

Gilbert Town Code § 2-394 Service and publication of notice of disposition.

Sec. 2-394. - Service and publication of notice of disposition. (a) Notice of disposition shall be sent by mail to the last known address of any owner or finder. Service shall be complete upon mailing. If the name and address of the owner or finder are not known, notice shall be served by publishing the notice of disposition in a newspaper published in the town, and by display of said notice on the public bulletin of the town at 50 East Civic Center Drive. (b) If the property is valued at $150.00 or more, the notice shall be sent by certified mail, otherwise, the notice may be sent by regular mail. (Ord. No. 1131, § I, 11-10-98; Ord. No. 2426, § I, 5-2-13)

Gilbert Town Code § 2-395 Award of lost property to finder.

Sec. 2-395. - Award of lost property to finder. (a) Lost money or property will be awarded to the finder where: (1) The owner has failed to claim and obtain possession of the money or property, and at least 30 days have expired since the date the notice of disposition was served; and (2) The finder claims and obtains possession within the reasonable time required by the town; and (3) The money or property is not contraband. (b) The finder's claim to ownership of lost money or property is inferior to the true owner's claim. Upon delivery of property to the finder, the town shall have no further interest in or obligations with respect to the property. The town shall, however, provide the name and address of the finder and the location of the property, if known, to any person making a satisfactory claim and proof of ownership subsequent to the delivery of the property to the finder. (c) No town employee may be awarded any lost money or property discovered while engaged in his duties of office or employment for the town. (Ord. No. 1131, § I, 11-10-98; Ord. No. 1353, § I, 4-3-01; Ord. No. 2426, § I, 5-2-13)

Gilbert Town Code § 2-396 Disposal of unclaimed property.

Sec. 2-396. - Disposal of unclaimed property. (a) Money remaining unclaimed in the possession of the town after notice of disposition has been served and expiration of the claims period shall be disposed pursuant to the Arizona Unclaimed Property Act. (b) Property remaining unclaimed in the possession of the town after notice of disposition has been served and expiration of the claims period may be disposed of as follows: (1) Property determined by the department to have a value of less than $150.00 may be donated to a nonprofit charity, destroyed, or kept by the town for its use. (2) When at least 30 days have passed since the notice of disposition has been served and published, the town shall dispose of unclaimed property with a value of $150.00 or more by selling unclaimed property at public auction as surplus property, or retain useful items for town use. (Ord. No. 1131, § I, 11-10-98; Ord. No. 1353, § I, 4-3-01; Ord. No. 2426, § I, 5-2-13; Ord. No. 2528, § I, 3-26-15)

Gilbert Town Code § 2-397 Sale at public auction.

Sec. 2-397. - Sale at public auction. (a) Upon obtaining an order of escheatment authorizing sale of unclaimed property at a public auction, the town shall sell such property following town procedures for disposal of surplus property pursuant to section 2-363 of this Code, and the bidding and notice procedures set forth in A.R.S. § 9-402. Property shall be sold to the highest bidder for cash. Some or all of the property may be sold subject to a minimum bid, which shall be known in advance of bidding. Upon delivery to any purchaser of any property sold, the department shall execute to purchaser a certificate of sale. (b) All property remaining unsold after being offered for sale may be deemed having no value and may be disposed of pursuant to subsection 2-396(1). (c) Proceeds from the sale shall be given to the town finance director or his designee and deposited immediately into the general fund of the town. (Ord. No. 1131, § I, 11-10-98; Ord. No. 1353, § I, 4-3-01)

Gilbert Town Code § 2-398 Disposal and destruction of firearms, liquor, perishables.

Sec. 2-398. - Disposal and destruction of firearms, liquor, perishables. (a) Legal firearms, weapons, ammunitions, explosives and hazardous materials shall be disposed of pursuant to the general procedures set forth herein. The town shall sell the firearm to any business that is authorized to receive and dispose of the firearm under federal and state law and that shall sell the firearm to the public according to federal and state law, unless the firearm is otherwise prohibited from being sold under federal and state law. Alternatively, the Gilbert Police Department may trade unclaimed legal firearms to a federal firearms licensed business for ammunition, weapons, equipment or other materials to be used exclusively for law enforcement purposes. (b) Illegal firearms, weapons, ammunitions, explosives and hazardous materials shall be destroyed. (c) Confiscated liquors not used as evidence, not claimed by the rightful owner, or not converted for police training purposes, shall be destroyed. (d) Perishable items not claimed by the owner may be destroyed after 24 hours after the town has obtained possession thereof. (Ord. No. 1131, § I, 11-10-98; Ord. No. 2426, § I, 5-2-13;Ord. No. 2552, § I, 8-27-15)

Gilbert Town Code § 2-399 Disposal of contested property.

Sec. 2-399. - Disposal of contested property. (a) Property (whether money, a vehicle, or any other type of personal property) in the possession of the police department shall be disposed of pursuant to this section if: (1) Two or more persons claim or may claim ownership or the right to possession of the property; and (2) The property is not required for use as evidence in any legal proceeding; and (3) The town makes no claim for the property. (b) If property described in subsection (a) above is claimed by more than one person, the town attorney (or designee) may file an interpleader petition with the Gilbert Municipal Court setting forth the following: (1) The facts establishing the status of property being disputed; (2) The name and address of each known person claiming to have an interest in the property; and (3) A description of the property, and if applicable, how the department obtained the property. (c) Once the interpleader petition is filed, the court shall set a hearing date, which shall not be sooner than 30 calendar days after the date of the filing of the petition. (d) Service of the petition and notice of hearing shall be made as follows: (1) The petition shall be served by first class mail (postage prepaid, return receipt requested) upon all persons known to claim an interest in the property. (2) A copy of this article shall be included with each petition. (3) A notice of hearing setting forth the date, time, and place for the hearing to determine the right of possession of the property shall be served with each petition. (4) Service shall be made to the last known mailing address of all persons known to claim an interest in the property. (5) Service shall be considered complete upon mailing. (e) For purposes of this article, any person claiming an interest in the property shall be known as a respondent. (f) Hearing process: (1) Subject to the provisions of this article, the court shall determine the process to adjudicate cases under this article. (2) The court shall utilize a preponderance of the evidence standard when making findings as to the ownership of disputed property. (3) The failure of any respondent to appear at the hearing set by the court in subsection (c) above shall result in a default judgment against such respondent(s) unless the court determines that good cause is shown. If default judgment is entered, the property shall be considered unclaimed property in accordance with Gilbert Town Code. In such event, the court shall notify the town attorney's office and the police department of such default judgment, and the police department shall dispose of the property in accordance with Gilbert Town Code. (4) Final orders of the court shall direct that property not be released for at least 30 days after the date of the order. (5) Final orders of the court are subject to appeal to superior court pursuant to A.R.S. Title 12. (6) The court shall provide a copy of the final order to the town attorney's office and the police department patrol commander over property. If applicable, the property shall not be released to the prevailing party until the final order of the appellate court of competent jurisdiction has been entered. (7) A respondent who appeals a final court order shall contemporaneously provide written notice to the town attorney's office and the police department of the appeal. Failure to provide timely notice may result in the property being disposed of according to the final court order. In such event, the Town of Gilbert and its officials and employees shall not be liable for any damages incurred by said respondent if the property is disposed of as provided herein. (8) No party shall be entitled to attorneys' fees or costs for claims under this article. (g) Subject to subsection (f) above, any respondent prevailing in a hearing convened pursuant to this article shall be entitled to receive the property described in the petition subject to the following: (1) The respondent shall produce a copy of the final order to the police department. (2) Any property not claimed within 60 days of a final order by the court (or if applicable, the appellate court) may be processed as unclaimed property in accordance with Gilbert Town Code and the respondent waives any claim to said property. (Ord. No. 1131, § I, 11-10-98; Ord. No. 2856, § I, 4-4-23)

Gilbert Town Code § 2-400 Affidavits; records.

Sec. 2-400. - Affidavits; records. (a) An affidavit shall be prepared and served as prima facie evidence of the facts contained therein, by: (1) Any finder who may, subsequently, claim the money or property found; (2) The person serving the notice of disposition by mail or publication; (3) The person who disposes of property by destruction; (4) The person who releases property to the finance department for public auction; (5) The person who releases unclaimed money to the town finance department to be deposited in the general fund of the town. (b) The police department shall keep a complete record of all money and property taken into possession, including a copy of the notice of disposition, a copy of the petition filed with the court; the name and address of the purchaser and amount paid, and a statement of the costs of sale and advertising which will be forwarded to the property section of the town police department; the original affidavits described in subsection (a), and a copy of any documents pertaining to disposition of the property. (c) All affidavits and records of disposition of money or property shall be kept for a minimum of 24 months. (Ord. No. 1131, § I, 11-10-98; Ord. No. 2856, § I, 4-4-23)

Source: Town of Gilbert, Arizona, Town Code (Municode Library, library.municode.com)URL: https://library.municode.com/az/gilbert/codes/code_of_ordinances?nodeId=CO_CH2AD_ARTVDILOUNCOPRFetched: 11/1/2026