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In addition to the sales of personal property as described in this chapter, the city may:

A. Retain the property for the use of the police department subject to giving notice in the manner prescribed in ACC 3.36.020 and the right of the owner, or the owner’s legal representative, to reclaim the property within one year after receipt of notice, without compensation for ordinary wear and tear if, in the opinion of the chief of police, the property consists of firearms or other items specifically usable in law enforcement work; provided, that at the end of each calendar year during which there has been such a retention, the police department shall provide the city’s mayor or council and retain for public inspection a list of such retained items and an estimation of each item’s replacement value. At the end of the one-year period any unclaimed firearm shall be disposed of pursuant to RCW 9.41.098(2).

B. Destroy an item of personal property at the discretion of the chief of police if the chief of police determines that the following circumstances have occurred:

1. The property has no substantial commercial value, or the probable cost of sale exceeds the value of the property;

2. The item has been unclaimed by any person after notice procedures have been met, as prescribed in this section; and

3. The chief of police has determined that the item is unsafe and unable to be made safe for use by any member of the general public.

C. If the item is not unsafe or illegal to possess or sell, such item, after satisfying the notice requirements as prescribed in ACC 3.36.020, may be offered by the chief of police to bona fide dealers, in trade for law enforcement equipment, which equipment shall be treated as retained property for the purpose of annual listing requirements of subsection A of this section; or

D. If the item is not unsafe or illegal to possess or sell, but has been, or may be used, in the judgment of the chief of police, in a manner that is illegal, such item may be destroyed. (Ord. 4480 § 3, 1990.)