It shall be unlawful for any animal of the kind or species of the horse, mule, ass, cattle, sheep, goat or swine to run at large at any time within the corporate limits of the town of Concrete.
(Ord. 22 § 1, 1910)
means any animal or animals mentioned in this chapter shall be deemed running at large if found within the corporate limits of the town of Concrete not under the charge or control of some person for that purpose by being driven or led along the public streets or alleys in the act of transit, or tethered in such a manner as to prevent said animals coming or being upon any of the sidewalks, alleys or public places in said corporate limits; or confined within an enclosure on private property.
(Ord. 22 § 2, 1910)
Any person or persons who shall willfully permit any animal of the kinds and species mentioned in CMC § 6.08.010, belonging to him or her, to run at large in the corporate limits of the town of Concrete or any person or persons who shall willfully turn loose or release any animal or animals of the kinds and species mentioned in CMC § 6.08.010 with intent that the said animal or animals shall run at large in said town of Concrete may be fined in any sum of not to exceed $100.00 and any costs for prosecution.
(Ord. 22 § 3, 1910; Ord. 678, 2011)
The town council shall provide within said town a pound suitably constructed as may be found necessary for the impounding of animals. It shall be the duty of the pound keeper to take up and impound all animals found running at large within said town in violation of the ordinance codified in this chapter or any other ordinance of this town, and to receive and impound any such animals when taken up by any other person. While any animal or animals shall be kept in said pound it shall be the duty of such pound keeper to feed and water said animals and said pound keeper shall collect from the claimant of such animals before the said animals are released the cost of such feed and all impounding fees, keeping an account of all such collections.
(Ord. 22 § 4, 1910)
The mayor shall appoint a pound keeper. The pound keeper is charged with the enforcement of this chapter.
(Ord. 22 § 5, 1910; Ord. 541, 2004)
The town council shall have the right to appoint a deputy or assistant pound keepers at any time and such deputy or assistant pound keepers shall have the same powers and be charged with the same duties as are conferred and placed upon the pound keeper.
(Ord. 22 § 8, 1910)
As soon as practicable after the impounding of any animal or animals the pound keeper shall give notice in writing to the owner of said animals by delivering to such owner personally, if such owner be known and can be conveniently found; if such owner be known and cannot be conveniently found then by leaving such notice at his usual place of residence personally, with a person residing therein over the age of nine years; if such owner be not known then by posting notices in writing in three public places in said town addressed to the unknown owner of the animal impounded, describing it. All or any of such notices shall notify such owner that his animal or animals, describing it, has been found running at large, that the same has been impounded and that unless the owner shall within three days from the date of said notice appear and claim said animal, pay the charges against the same, and release the said animal from said pound that the pound keeper may determine that said animal or animals be sold for the purpose of paying the expenses, fees and charges incurred in the impounding thereof and the charges, fees and costs of said action or proceeding and sale of said property.
(Ord. 22 § 9, 1910; Ord. 678, 2011)
Should the owner fail and neglect to redeem and release said impounded animal or animals within the time mentioned in said notice immediately, then at the expiration of the time in said notice given the pound keeper shall declare that said animals were unlawfully running at large and that said animals be sold to pay the costs, charges, expenses and fees incurred in impounding said animals, in the conduct of said action and in the sale of said property. That said action shall be brought in the name of the town of Concrete and shall be against the owner of said animals, as defendant, if known; if said owner be unknown then said action shall be against and defendant designated as the unknown owner of the animal (describing it). The said proceeding shall follow as nearly as possible the practice and procedure of justice courts of the state of Washington. In the event more than one animal be impounded of one owner or of unknown ownership, at any one time, then it shall be proper and permissible to have one action as to all of such animals. Should the said official find and adjudge that said animal or animals were found unlawfully running at large, contrary to the provisions of this chapter, then and in that case said official shall order said animal or animals sold for the purpose of paying all the expenses, costs, charges and fees incurred in the impounding of said animals, the costs of said proceeding and the further costs and charges incident to said sale, including all the expense, cost and charges for the feeding and watering of said animals. After such order of sale shall be made the pound keeper shall immediately, unless said animals be sooner redeemed by the owner, proceed to give notice of sale of said animals at public auction.
(Ord. 22 § 10, 1910; Ord. 678, 2011)
Immediately upon obtaining said order of sale the pound keeper shall give notice by posting three notices in three public places in said town, that on a date not less than five days nor more than seven days from the date of said notice of sale, he will sell the said animals at public auction for cash. Unless the owner of said animals shall before said sale redeem said animals and pay all charges, costs, fees and expenses incurred and owing against the same growing out of the impounding and distraining of said animals, keeping the same and all the costs, charges and fees of the proceeding for the sale of the same and of the sale, then on the day of the sale at the hour and place fixed in said notice of sale, the pound keeper shall offer for sale at public auction the said animals and shall sell the said animal or animals to the highest and best bidder at said sale for cash and shall deliver to the purchaser at such sale a bill of sale of the said property.
(Ord. 22 § 11, 1910)
The pound keeper shall keep a complete and accurate record of all animals impounded by him, giving the date and hour when said animals are placed in the pound, giving a full description of each animal as to color, kind, sex, age, marks, brands and other distinguishing features; giving the number of days each animal was fed; giving the amount of fees, costs and charges incurred each day against each animal or lot of animals. The said record shall be a public record open at all times for inspection of the public and shall also show in case of sale to whom, when and for what amount each animal was sold and the amount, if any, paid to the office of the town treasurer as surplus on any sale. The said record shall also show in case of redemption by whom the animals were redeemed and the amount paid on such redemption.
(Ord. 22 § 12, 1910; Ord. 678, 2011)
In case of sale of animals under this chapter the pound keeper shall, after paying and deducting all the costs, charges, fees and expenses incident to the impounding, keeping, and sale of said animals, pay the surplus, if any, to the office of the town treasurer who shall keep the same in a separate fund to be known and designated as the “pound fund.”
(Ord. 22 § 13, 1910; Ord. 678, 2011)
The pound keeper shall not charge or collect from any owner or claimant or deduct any other or greater charges or fees, expenses or costs than are in this chapter provided.
(Ord. 22 § 14, 1910)
The town treasurer shall hold the said surplus or overplus in said “pound fund” and pay the same out to the owner of the said animals upon order of the council.
(Ord. 22 § 15, 1910)
The proceeds received from the sale of any animal or animals as in this chapter provided for shall be paid out and distributed in the following order and precedence:
(1)
The keeping and feeding of said animals;
(2)
The impounding fee as set by annual resolution;
(3)
The fee for giving notice of said impounding;
(4)
The fees associated with any public notice for said sale;
(5)
The fee and costs on the sale and giving bill of sale.
(Ord. 22 § 17, 1910; Ord. 678, 2011)
Any person who shall open any town pound or take or attempt to take from such pound any impounded animal without the consent of the pound keeper, or whoever shall hinder, delay or obstruct the taking to the pound of any animal found running at large contrary to the provisions of this chapter, or who shall attempt to prevent the impounding thereof in any manner may be fined not less than $5.00 and no more than $100.00, together with the costs of prosecution.
(Ord. 22 § 18, 1910; Ord. 678, 2011)
Any person who shall take or drive any animal from any enclosure or from any stable or other building or who shall loosen properly tethered animals without the consent of the owner with the intent that said animal shall be impounded may be fined not less than $5.00 and no more than $100.00 and shall pay all costs of prosecution.
(Ord. 22 § 19, 1910; Ord. 678, 2011)