(a)
It shall
be unlawful for any person to allow an estray (livestock) to be unattended
upon any public street, alley, thoroughfare or upon the property of
another in the corporate city limits of the city.
(b)
The
person having ownership or right to immediate control of such estray
(livestock) shall have the burden to keep such estray (livestock)
off the public streets, alleys and thoroughfares or the property of
another in the city.
(Code 1974, § 3-40)
It shall be the duty of the animal control officer to take up
any and all estrays (livestock) that may be found in and upon any
street, alley or in or upon any unenclosed lot in the city, or otherwise
to be found at large, and to confine such estrays (livestock) for
safekeeping. Upon impounding an estray (livestock), the animal control
officer shall prepare a notice of estray and file such notice in the
“estray book” located in the office of the animal control
officer. Each entry shall include the following:
(1)
The
name and address of the person who notified the animal control officer
of the estray (livestock).
(2)
The
location of the estray (livestock) when found.
(3)
The
location of the estray (livestock) pending disposition.
(4)
A description
of the animal including its breed, color, sex, age, size and all marking
of any kind, also any other identifying characteristics.
(Code 1974, § 3-41)
When an estray (livestock) has been impounded, the animal control
officer shall make a diligent search of the register of recorded brands
in the county for the owner of the estray (livestock). If the search
does not reveal the owner, the animal control officer shall advertise
the impoundment of the estray (livestock) in a newspaper of general
circulation in the county at least twice during the next 15 days following
impoundment and post a notice of the impoundment of the estray (livestock)
on the public notice board of the county sub-courthouse and of the
city hall.
(Code 1974, § 3-42)
The owner of an estray (livestock) may recover possession of
the animal at any time before the animal is sold under the terms of
this chapter if:
(1)
The
owner has provided the animal control officer with an affidavit of
ownership of the estray (livestock) containing at least the following
information:
(2)
The
animal control officer has approved the affidavit.
(3)
The
affidavit had been filed in the estray book.
(4)
The
owner had paid all estray handling fees to those entitled to receive
them.
(5)
The
owner had executed an affidavit of receipt containing at least the
following information:
(6)
The
animal control officer has filed the affidavit of receipt in the estray
book.
(Code 1974, § 3-43)
(a)
If
the ownership of an estray (livestock) is not determined within 14
days following the final advertisement required by this chapter, title
to the estray (livestock) rests in the city and the animal control
officer shall then cause the estray to be sold at a public auction.
(b)
Title
to the estray (livestock) shall be deemed vested in the city for purpose
of passing a good title, free and clear of all claims to the purchaser
at the sale.
(c)
The
purchaser of estray (livestock) at public auction may take possession
of the animal upon payment thereof.
(d)
The
disposition of the proceeds derived from the sale of an estray at
public auction will be as follows:
(1)
Payment of all handling fees to those entitled to receive them.
(2)
Execution of a report of sale of impounded stock.
(3)
The net proceeds remaining from the sale of the estray after the
handling fees have been paid shall be delivered by the animal control
officer to the city treasurer. Such net proceeds shall be subject
to claim by the original owner of the estray as provided in this chapter.
(4)
If the bids are too low, the animal control officer shall have the
right to refuse all bids and arrange for another public auction or
sealed bidding procedure.
(Code 1974, § 3-44)
(a)
Within
12 months after the sale of an estray (livestock) under the provisions
of this chapter, the original owner of the estray (livestock) may
recover the net proceeds of the sale that were delivered to the city
treasurer if:
(b)
After
the expiration of 12 months from the sale of an estray as provided
by this chapter, the sale proceeds shall escheat to the city.
(Code 1974, § 3-45)
During the period of time an estray (livestock) is impounded
the estray may not be used by any person for any purpose.
(Code 1974, § 3-46)
If the estray (livestock) dies or escapes while held by the
person who impounded it, the person shall report the death or escape
to the animal control officer. The report shall be filed in the estray
book.
(Code 1974, § 3-47)
It shall be unlawful to keep and maintain any mule, donkey,
mare, horse, colt, bull, cow, calf, sheep, goat, cattle or other livestock
at a distance closer than 100 feet from any building located on adjoining
property that is used for human habitation or within an enclosed area
of less than one-half acre (21,780 square feet) per animal. All such
livestock shall be kept within enclosed areas, and a fence of sufficient
strength to contain such animals shall be provided to maintain the
100-foot separation required hereby. All premises upon which such
livestock are kept or maintained shall be brought into compliance
with the terms of this section.
(Code 1974, § 3-48; Ordinance 1646, § I, 6-8-04)
It shall be unlawful for anyone to ride or drive livestock on
a public sidewalk or within the public street right-of-way except
on the main traveled portion of the street or right-of-way.
(Code 1974, § 3-49)
It shall be unlawful for the owner or harborer of livestock
to knowingly permit or cause to be permitted the breeding of any such
animal within the public view.
(Code 1974, § 3-50)
