Chapter 34 - LAW ENFORCEMENT#

Footnotes:#

(1) ---

Cross reference— Administration, ch. 2; fire prevention and protection, ch. 30; traffic and vehicles, ch. 58.

State Law reference— Police and public order, Code of Virginia, § 15.1-131 et seq.; disposal of unclaimed property, Code of Virginia, § 15.1-133.01; destruction of unclaimed weapons, Code of Virginia, § 15.1-133.01:1; city sheriffs, town sergeants, Code of Virginia, § 15.1-796; powers of governor as to law enforcement agencies in localities, Code of Virginia, § 18.2-410.

Sec. 34-1. - Disposal of unclaimed personal property in the possession of police.#

(a) The police department is hereby authorized and instructed to conduct a public sale in accordance with the provisions of Code of Virginia, § 15.1-133.01 of unclaimed personal property which has been in its possession and unclaimed for a period of more than 60 days.

(b) As used in this section, unclaimed personal property shall be any personal property belonging to another which has been acquired by a law enforcement officer pursuant to his duties, which is not needed in any criminal prosecution, which has not been claimed by its rightful owner and which the state treasurer has indicated will be declined if remitted under the Uniform Disposition of Unclaimed Property Act (Code of Virginia, § 55-210.1 et seq.).

(1) Make reasonable attempts to notify the rightful owner of the property.

(2) Obtain a written statement from the office of the state treasurer indicating that it declines the property under prosecution.

(3) Obtain from the commonwealth's attorney in writing a statement advising that the item is not needed in any criminal prosecution.

(4) Cause to be published in a newspaper of general circulation in the locality once a week for two successive weeks, notice that there will be a public sale of unclaimed personal property, describing each item generally and giving the date, time, and place of sale.

(d) The chief of police or his duly authorized agents shall pay from the proceeds of sale the cost of advertisement, removal, storage, investigation as to ownership and liens, and notice of sale. The balance shall be held by such officer for the owner and paid to the owner upon satisfactory proof of ownership.

(e) If no claim has been made by the owner for the proceeds of the sale within 60 days of the sale, the remaining funds shall be deposited in the general fund of the town.

(f) Any such owner shall be entitled to apply to the town, within three years from the date of the sale and, if timely application is made therefor, the town shall pay the remaining proceeds of the sale to the owner without interest or other charges.

(g) No claim shall be made nor any suit, action or proceeding be instituted for the recovery of such funds after three years from the date of the sale.

(Ord. of 11-3-86)

Sec. 34-26. - Recovery of cost of transporting.#

Any person convicted of violating any ordinance of the town shall be charged, in addition to all other costs, the costs of transporting such person to and from jail or other penal institution outside of the corporate limits of the town, such penal institutions to be designated by the chief of police of the town from time to time and kept on file for public record at the town police office. The cost of such transportation shall be taxed as part of the cost payable by persons convicted of violating such ordinances, and the costs shall be taxed in accordance with the schedules provided in Code of Virginia, §§ 14.1-105 and 14.1-111.

(Ord. of 2-4-80(1), § 14-51)

Sec. 34-27. - Reimbursement of expenses incurred in responding to DUI incidents and other traffic incidents.#

Any person convicted of violating any of the following provisions shall be liable for restitution at the time of sentencing or in a separate civil action to the town or to any responding volunteer fire or rescue squad, or both, for reasonable expenses incurred by the town for responding law enforcement, firefighting, rescue and emergency services, including those expenses incurred by the police department, or by any volunteer fire or rescue squad, or by any combination of the foregoing, when providing an appropriate emergency response to any accident or incident related to the following violations:

(1) The provision of Section 18.2-51.4, 18.2-266, 18.2-266.1, 29.1-738, 29.1-738.02 of the Code of Virginia, 1950, as amended, or similar ordinance, when such operation of a motor vehicle, engine, train or watercraft while so impaired to the proximate cause of the accident or incident;

(2) The provisions of Article 7 (Section 46.2-852 et seq.) of Chapter 8 of Title 46.2 of the Code of Virginia, 1950, as amended, relating to driving without a license or driving with a suspended or revoked license; and

(3) The provisions of Article I (Section 46.2-300 et seq.) of Chapter 3 of title 46.2 of the Code of Virginia, 1950, as amended, relating to driving without a license or driving with a suspended or revoked license; and

(4) The provisions of Section 46.2-894 of the Code of Virginia, 1950, as amended, relating to improperly leaving the scene of an accident.

Personal liability under this section for reasonable expenses of an appropriate emergency response shall not exceed $1,000.00 in the aggregate for a particular accident or incident. In determining the "reasonable expenses" the town may bill a flat fee of $250.00 or a minute-by-minute accounting of the actual costs incurred. As used in this section, "appropriate emergency response" includes all costs of providing law-enforcement, fire-fighting, rescue and emergency medical services. The court may order as restitution, the reasonable expenses incurred by the locality for responding law enforcement, fire-fighting, rescue and emergency medical services. The provisions of this section shall not preempt or limit any remedy available to the town or to any volunteer rescue squad or fire department to recover the reasonable expenses of any emergency response to an accident or incident not involving impaired driving, operation of a vehicle or other conduct as set forth herein.

(Ord. of 8-21-06(2))