§ 7.25.020. Definitions.  


Latest version.
  • For the purposes of this chapter, unless otherwise provided, the following words when used in this chapter, shall have the meanings ascribed to them in this section:

    Ammunition means fixed ammunition or cartridge cases, primers, bullets, shotgun shells, or propellant powder designed for use in any firearm, including antique firearms, or armor piercing ammunition.

    Antique firearm has the same definition as 18 U.S.C. § 921(a)(16) and amendments thereto.

    Bicycle means any wheeled device primarily designed to be propelled by human power, including tricycles and unicycles, platform scooters and may be motor-driven assisted.

    Biohazard means infectious agents, microorganisms, blood borne pathogens, or hazardous biological materials, or chemicals that present a risk, potential risk, or a hazardous condition to the health of humans, animals or the environment.

    Chief of police means the Anchorage Police Department Chief of Police or an authorized designee.

    Child pornography has the same meaning as set forth in 18 U.S.C. § 2256 and amendments thereto.

    Claim date means the date ten days after the disposition deadline date.

    Collectible item means money, ingots, a precious metal commodity, artifact or any other item considered collectible or perceived to have an above average monetary market value.

    Community based non-profit organization means a fraternal, charitable, religious, benevolent, or other non-profit organization, actively operating in the Municipality of Anchorage, and is exempt from taxation under the Internal Revenue laws of the United States as a fraternal, charitable, religious, or benevolent organization.

    Contraband means any property, excluding firearms and ammunition, exported or imported in violation of law, or any property the possession of which constitutes a violation of law or is otherwise prohibited, including controlled substances and drug evidence.

    Controlled substance means a drug, substance, or immediate precursor included in the schedules set out in AS 11.71.140 through 11.71.190.

    Counterfeit or altered currency means evidence that is transferred to the United States Secret Service, and will not be subject to a claim by an owner or finder, or subject to destruction.

    Dangerous or perishable property means any designation of property in the possession of the Anchorage Police Department determined to be perishable, or an immediate danger, inclusive of damaged or corroded ammunition, fireworks, and all forms of gun powder, or any biohazard that poses a risk to municipal employees or the genera! public.

    Destroy means destruction or rendering incapable for use, and permanently disposing of property by any lawful means.

    Destructible property means:

    1.

    Dangerous or perishable property or property determined to be a biohazard;

    2.

    Forensic evidence retained until completion of the final judicial, quasi-judicial or adjudicatory disposition date;

    3.

    Property ordered to be destroyed either by a court or pursuant to a plea bargain agreement;

    4.

    Contraband, unclaimed personal property, drug evidence, controlled substances, or child pornography;

    5.

    Property, determined by the Anchorage Police Department to be unserviceable, junk, or waste, or with insubstantial fair market value;

    6.

    Prescription or over-the-counter medication;

    7.

    Any firearm or weapon determined by an Anchorage Police Department or State of Alaska armorer, bomb disposal officer, or an authorized United States Department of Treasury Official to be:

    a.

    Unlawful to own or possess under federal or state law.

    b.

    Utilized in a homicide, including a suicide.

    c.

    Unsafe, a biohazard, or presents an immediate or potential risk of endangerment to the public.

    d.

    Any part of a firearm causing the sale of the firearm to be prohibited by federal or state law; and

    8.

    Any unclaimed disposable property, the chief of police does not claim and the purchasing officer is unable to dispose of through sale, trade, or barter, may be deemed destructible property.

    Destruction means to destroy or permanently render unserviceable any property, by any means, creating a state of substantial irreparability, ruin, or disassembly.

    Digital media means any storage device capable of holding digital data, including hard and optical discs and USB drives.

    Disposable property means property in the possession of the Anchorage Police Department, excluding destructible property and impounded motorized vehicles that may be lawfully returned to an owner or finder, or disposed of by any means after meeting the retention periods set forth in this chapter.

    Disposition deadline date is 30 days after the posted date of a public notice of disposable property which is eligible for recovery by an owner, finder or authorized representative.

    Drug evidence has the same meaning for items, excluding real property, subject to forfeiture as defined under AS 17.30.110.

    Drugs mean prescription medication, over-the-counter medication, or controlled substances.

    Evidence means any property collected, found, recovered, seized, or otherwise comes into the custody of the Anchorage Police Department, and retained for any criminal or internal investigation, judicial, quasi-judicial, or adjudicatory proceedings.

    Fair market value means the value reasonably expected for any unclaimed disposable property disposed of under this chapter.

    Final judicial, quasi-judicial or adjudicatory disposition date means the date when all adjudicatory, quasi-judicial, and court appeals have been exhausted or the appeal period has expired, for each referenced case and for all persons charged or associated with the evidence in possession of the Anchorage Police Department.

    Finder means the person identified on an official police report who discovered non-evidentiary found property.

    Firearm means any device designed for or capable of delivering a projectile using an explosive as a propellant, including an antique firearm, pistol, rifle, shotgun, revolver or similar device. A firearm does not include toy guns or guns utilizing an elastic ban, compressed gas, or air to deliver a projectile.

    Forensic evidence means evidence collected that may be scientifically testable, may contain organic or inorganic biological properties, may have been chemically treated, or collected with the intent to conduct a scientific examination for evaluation or discussion and has potential for presentation in a internal investigation, judicial, quasi-judicial or adjudicatory proceeding.

    Found means non-evidentiary property held by the Anchorage Police Department as lost or abandoned property.

    Insubstantial fair market value means unclaimed disposable property the Anchorage Police Department determines to have a fair market value of $50.00 or less.

    Money means any domestic or foreign currency or comparable medium of exchange currently in circulation, has value, and is generally accepted by a financial institution.

    Motor vehicle has the same meaning as defined under Section 9.04.010, excluding motor assisted bicycles, battery operated toys, or machines designed as children's toys or for assisting pedestrian transportation.

    Over-the-counter medication means any substance that may be lawfully sold over the counter without a prescription, under 21 U.S.C. §§ 301-399a (Federal Food, Drug, and Cosmetic Act) and 21 C.F.R. § 1308.22, and any amendments thereto.

    Owner means a person, the legal representative of a person, or an authorized representative of a business with a legal or equitable interest in disposable property, who produces proof of ownership acceptable to the Anchorage Police Department.

    Owner and finder notice of possession means a letter advising a known owner, or any finder that the Anchorage Police Department is in possession of disposable property which may be returned for which they may have an ownership interest.

    Personal property means property in the form of personal identification, credit, debit, or bank cards, personal credentials, financial or legal documents, mail, photographs, cell phones and devices containing digital media, keys, grooming materials, purses, backpacks, and similar items.

    Posted date means the first published date of an itemized list of disposable property which is eligible for disposition or recovery by an owner, finder or authorize representative.

    Prescription medicine means a licensed drug or narcotic regulated by legislation to require a prescription before it can be obtained and intended to distinguish it from over the counter drugs which can be obtained without a prescription.

    Prohibited person means any person under federal, state, or municipal law prohibited from actual or constructive possession of a firearm. A prohibited person may still have an ownership interest in the firearm that may be transferred.

    Property means all tangible items, excluding impounded motorized vehicles, in the possession of the Anchorage Police Department classified as evidence, found, or safekeeping.

    Public notice of disposable property means a printed notice and an electronically accessible document containing information and an itemized list of property in the possession of the Anchorage Police Department that may be disposed of or is lawful to return to an owner, finder, or other authorized representative.

    Safekeeping means any non-evidentiary property in the possession of the Anchorage Police Department placed into temporary custody on behalf of a known owner.

    Unclaimed disposable property means any disposable property in the possession of the Anchorage Police Department forfeited by a court or judicial proceeding, or not claimed by or timely retrieved by an owner or finder after the disposition deadline date.

    Unsafe means a state or condition of property reasonably determined prima facie or through a professional conclusion, opinion or decision that it is dangerous or liable to cause or inflict injury, harm, or death, or may pose a significant risk of endangerment to the public.

    Weapon means any item traditionally used as a weapon, except firearms and ammunition, and includes a chemical dispensing device, bow, club, baton, crossbow, knife, metal knuckles, martial arts weapon, stun guns or a gun which uses compressed air to deliver any projectile, or any explosive component or destructive device.

(AO No. 2009-111, § 1, 9-29-09)