§ 146-33. Unclaimed property; authority to sell at auction.

(a)

Generally. The county police department shall have the authority to sell, at public outcry, to the highest bidder for cash any and all the articles of personal property that have come into their hands and which, after diligent effort has been made to ascertain the true owner thereof without success, remain unclaimed for a period of 60 days.

(b)

Records required. It shall be the duty of the Fulton County Police Department to maintain a separate and complete catalog record of all property coming into their hands, such property to be identified in detail by its usual name, make and model, manufacturer's name and serial number, if any, and if no identifying name or numbers, to be fully described on the catalog record as to its physical properties and appearance. The record shall also show the date the property came into the hands of the department and the disposal thereof.

(c)

Responsibility to try to find owner. It shall be the duty of the county police department to make a diligent effort to find the true owner of any article of personal property coming into their hands and if an owner can be found, to deliver the property to him. In the event that the true owner of any article cannot be found and the property remains unclaimed for a period of not less than 60 days next preceding the date of sale as hereinafter provided, the department may proceed to sell any article or articles as hereinafter provided.

(d)

When sale conducted; terms of sale. On the first Monday in February, the first Monday in May, the first Monday in August, and the first Monday in November, in each year, the county police department shall hold a public sale of all unclaimed articles of personal property held by them for at least 60 days immediately preceding the date of sale at the headquarters of the county police department or any other location that may be designated by the county police department. All articles sold shall be sold for cash to the highest bidder on an as is basis, and no warranties of any nature, either express or implied, either as to merchantable title, quality, or performance as made by the Fulton County Police Department.

(e)

Advertisement of sale. The sale referred to in subsection (a) of this section shall be advertised in a newspaper of general circulation in the county once each week for two weeks immediately preceding the next sale date. The advertisement shall be of sufficient size and type to be easily read and understood by the general public and shall state definitely the time and place of the sale; that it shall be open to the public; and, that all sales are to be made to the highest bidder for cash. The advertisement may refer to the sale as an "ole hoss" sale or by any other appropriate name, and shall state that only unclaimed property which has come into the possession of the Fulton County Police Department is being sold; that the department makes no warranties whatsoever, either express or implied as to merchantable title, quality, or performance; and all articles are sold as is.

(f)

Conduct of sale. The Fulton County Police Department shall appoint a licensed auctioneer, a member of its own force, or any other individual to conduct the sale under the guidance of an employee of the department and more than one such person may act at any sale, either alternately or at the same time, as the circumstances may dictate, and in the discretion of the employee of the department who is in charge of the sale. The auctioneer or other individual acting shall be the sole arbiter in the case of a disputed sale, and he shall not make a sale until all bidding on the article offered has ceased. However, there shall be no required number of bids before a sale is made.

(g)

Announcement to be made at sale. It shall be the duty of the auctioneer or other person holding the sale to make public announcement before opening the sale that the Fulton County Police Department does not warrant title to any article, nor is there any other warranty, either expressed or implied, as to any article sold; that all sales are final; and all articles are sold as is. It shall be the duty of the auctioneer or other person in charge to make this announcement at intervals during the progress of the sales.

(h)

Disposition of proceeds. It shall be the duty of the Fulton County Police Department to make a true accounting to the finance department of all the property sold and money collected from the sale conducted as provided herein, which money shall be deposited in the general fund and used as the law prescribes.

(Code 1983, § 27-1-3)