RESPONSIBLE CITY AGENCY: Police Department
KEYWORDS: unclaimed property, bicycles, public interest use, sustainability
Preface:
The Salt Lake City Police Department often takes possession of bicycles as evidence or as property abandoned in public places. Based on experience, there is no typical yearly number but the number can be in the range of 100 to 200 bicycles. Pursuant to SLCC Chapter 2.10, Article IV – Disposition of Custodial and Unclaimed Property – Rationale (the “Unclaimed Property Ordinance”), the City is authorized under the conditions stated therein to dispose of unclaimed property, including unclaimed custodial property, by appropriating for public interest use or by sale by competitive bid or public auction. SLCC Section 2.10.150 authorizes the Mayor by executive order and subject to UCA § 10-8-2, to specify the procedure for the Chief of Police to dispose of property for public interest use.
Therefore, I enact this Executive Order:
1. Definitions
1.1 “Bona Fide Charity” means a Utah non-profit corporation which holds current certification by the United States Internal Revenue as a 501(c)(3) qualified entity and whose mission or purpose supports one or more of the City’s sustainability goals.
1.2 “Custodial Property” means “Custodial Property” as defined in SLCC § 2.10.100.
1.3 “Public Interest Use” means “Public Interest Use” as defined in SLCC § 2.10.100.
1.4 “City Usage” means “City usage” as defined in SLCC § 2.10.150A(2).
1.5 “Unclaimed Property” means “Unclaimed Property” as defined in SLCC § 2.10.100. “Unclaimed Property” includes unclaimed “Custodial Property.”
2. General
2.1 This Executive Order applies to donations by the Police Department to Bona Fide Charities of bicycles qualifying as Unclaimed Property, and to the transfer of such property to City Departments for City Usage.
2.2 The Public Interest Usage contemplated by this Executive Order will promote increased bicycle usage by the citizens of Salt Lake City which in turn will promote a variety of City objects and community needs, including those related to sustainability.
2.3 The Police Department shall comply with the requirements of the Unclaimed Property Ordinance prior to disposing of Unclaimed Property for Public Interest Use. In addition, for dispositions to a Bona Fide Charity or an individual, the Police Department shall comply with Utah Code Section 10-8-2.
2.4 The Police Department may not donate more than 400 bicycles per calendar year to any one Bona Fide Charity. The Police Department has the discretion to decide which bicycles will be donated.
3. Bona Fide Charities
3.1 Subject to this Executive Order and UCA Section 10-8-2, the Police Department is authorized to donate bicycles qualifying as Unclaimed Property to Bona Fide Charities for Public Interest Use.
3.2 Such donations shall be approved by the Chief of Police and documented by a donation agreement signed by the Bona Fide Charity.
3.3 Except as may be limited by an written donation agreement, the Police Department is under no obligation to dispose of any bicycles qualifying as Unclaimed Property by donation to Bona Fide Charities and may in its discretion sell such property as provided in the Unclaimed Property Ordinance or retain such property for City use.
4. Use By Police Departments
4.1 The Police Department is not obligated to maintain Unclaimed Property for its own use or use by other City Departments.
4.2 Subject to availability, the head of a City Department may request that the Police Department transfer specific unclaimed property to that department. Pursuant to SLCC § 2.10.150B(2), the Mayor hereby designates the Chief of Police as the Mayor’s designee for approval of such requests.