You know how the city parks department and the police department think it’s ok to just throw away items that belong to the homeless? It seems, they are breaking the law. (Hmmm, some punk song that Rob would know keeps going through my mind.) One, or two of them. Here’s the Wisconsin Statutes:
66.0139(2)
(2) A political subdivision may dispose of any personal property which has been abandoned, or remained unclaimed for a period of 30 days, after the taking of possession of the property by an officer of the political subdivision by any means determined to be in the best interest of the political subdivision. If the property is not disposed of in a sale open to the public, the political subdivision shall maintain an inventory of the property, a record of the date and method of disposal, including the consideration received for the property, if any, and the name and address of the person taking possession of the property. The inventory shall be kept as a public record for a period of not less than 2 years from the date of disposal of the property. Any means of disposal other than public auction shall be specified by ordinance. If the disposal is in the form of a sale, all receipts from the sale, after deducting the necessary expenses of keeping the property and conducting the sale, shall be paid into the treasury of the political subdivision.
170.105
170.105 Chattels found by public officials, employees or agents.170.105(1)
(1) Notwithstanding ss. 170.07 and 170.08, if an official, employee or agent of the state or of a county, city, village or town finds $25 or more or any goods having a value of at least $25 while acting within the scope of his or her official duties, employment or agency, he or she shall transfer custody of the found money or goods to the agency in the city, village or town where the money or goods were found that is designated by the city, village or town governing body to receive found money or goods. That agency shall post a notice of the found money or goods in 2 public places in the city, village or town.170.105(2)
(2) If the owner of lost money or goods appears within 90 days after the notice is posted under sub. (1) and makes out his or her right to the found money or goods, he or she shall have restitution of the money or goods or the value of the money or goods upon paying all of the costs and charges on the money or goods. If no owner of lost money or goods appears within 90 days after the notice is posted under sub. (1), the found money or goods become the property of the state or county, city, village or town whose official, employee or agent found the lost money or goods.
Why do I bring this up, again? Tonight, the ordinance that would require the city to post notices and keep the property is before the Council, but without me on the council, there is no sponsor. You see, the city doesn’t want to have to store the property and the City Attorney wants it placed on file (funny, a couple other ordinances where I was the only sponsor have not appeared in the same fashion). It’ll be interesting to see what the Council does tonight. Have those with no voice in this city truly lost their voice without me on the council? Or will someone step up? Buehler? Buehler?
(Actually, a big thanks goes to Marsha Rummel for looking into this and following up with it, as she had seen it at CDBG and they had recommended adoption.)
