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HomeMy WebLinkAboutOrdinance 182 AN ORDITT.XC" PRO'TIDING FOR THP IMPOUNDING OF ANIMALS FOUND RUTT- ING AT LARGE WITHIN THE CITY LIMITS : Be it ordained by the City Council of the City of Fayetteville Arkansas . Section 1 . That hereafter , no horse , mule , mare , colt , cow , calf, bull , jack or jennett, or seine of any kind , shall VM aLbe permitted or suffered to run at large within the corporate � 1tAMA1:nitlimits of the City of Fayetteville , at any time and it is hereby declared to be unlawful for the owner or person in charge of any of the animals above mentioned to suffer or permit any such animals to run at large within the iW city limits of this city , contrary to the provisions of this ordinance . ( as amended by section 1 . of Grdinance No . 184 June 12th , 1906 . Section 2 . The chief of police is hereby authorized and r empowered to appoint one pound keener whose duty it shall be to Cl1�f� o receive all stock impounded and to properly care for and feed ►t ° � k, the same . Said pound keeper shall receive for keeping all stock 6 so impounded , fifty cents for each head for each day of twenty four hours , or fraction thereof during which said stock may be �� Qr by him keep impounded , and said stock policeman herein provided for shall charge for his services of impounding, a fee not, in excess of one dollar for each head so impounded , and before any such stock thus impounded shall be delivered to the owner!.he shall pay to the officers bf the city the sums above specified together with the actual cost of advertising the same . Section 4 . In case any person shall apply to take out any /� ( animal from the pound , claiming that he is the owner or entitled 01QWer4llto the possession thereof, and that he is not liable for for the payment of the penalty herein before provided , it shall be C„t01 the duty of the stock policeman to at once make out and file an WCROVItIALD DATE10 r2 affidavit in the police court setting forth that such animals were taken up within the stock limits of said city and thereon lodge compl&int against such person in said court as for violation of this ordinance , for trial , to determine whether or not he is so lia - ble , and if, upon trial , it be found that the animals claim6d., by him had been suffered or permitted to run at large contrary to this ordinance , and that he is liable therefor , the police - _ Judge shall impose the proper penalty which shall in no case � _ QQ be less than the amount due the impounding officers nor in excess of 525 . 00 and the expenses of advertising and posting as herein- after provided for and the costs of trial shall be assessed against the losing party . In case it be found not so , the police judge upon satisfactory evidence that such person is entitled to the possession of such animals without the payment of penalty or costs shall order the same to be at once turned over to him . Section 5 . In case the owner or person who was in charge of such animals be unknown, it shall be the duty of the &V)AANstock policeman to docket a case in the police court against the unknown owner of dertain animals found running at large , to wit : - (ruY, giving their description ; and to give notice as required in section 7 of this ordinancey . containing a description of such �tVniIlb mals and when seized and warning the owner or person entitled c� thereto to appear in the police ccurt within ten days from the date thereof and show cause if any why such animals should not be con- demned and sold for the ,penalty imposed by this ordinance and all i � costs of the proceeding . If within such time no person appears to show ' such cause , itnshall be the duty of the Police Judge upon prex;f of such notice and the fact that such animals were found running at large contrary to the provisions of this ordinance f - 6 to condemn and order the same sold for the penalty imposed by • �, y fl e .Ylff t( this ordinance , together with all the actual expenses of the prodeeding and the residue , if any , shall be paid into the city treasury to be paid over upon proper pro®f being made , to the right ful owner of such stock so impounded and sold . Section 6 . After the expiration of the period of ten days r above provided , it shall be the duty of the stock policeman to sell sfor the payment of the penalty and other expenses herein provided for , all such animals remaining not claimed , at public sale to the highest bidder for cash ( on notice as prescr. ibad in the next section ) and an accurate account shall be kept of the proceeds of these sales and the amount of penalty and expenses for which the same was sold and a report of such items made by said stock policeman to the chief of police . Section 7 In all porceedings under section 5 of this ordinance' Dthe following notice shall be given : post up three written no - tices in three places in the city ; post one of these three on tithe bulletin board at police headquarters ; publish notice in some newspaper published in the city ; give in said notice a description of the animal or animals so impounded settin out marks , brands and flesh marks , and stating when seited and warning the owner or persons entitled thereto to appear in police court within ten days after the publication of said notice . Section 8 . Any person who shall be guilty of driving into Jr � ►�° � said stock limits any animal named in this ordianance for the 4b ( ac� purpose of impounding the same , or for the purpose of permitting the same to run at large , shall be fined in any sum not less than l.idt'\ five nor more than twenty five dollars . i Section 9 . Whoever shall in this City take or drive any 3r_ , animal from any inclosed lot or tract of ground or from any stable �or other building belonging to the owner of said animal ] to any 1 city pound , with intent that such animal shall be impounded shall be deemed guilty of a misdemeanor and a violation of this ordinance l and upon conviction shall be fined in any sum not less than 111 fivenormore than twenty five dollars for each offense . Section 10 . The - stobk policeman hereinbefore provided for is Ga T 4hereby forbidden to employ as his assistant any one under the age of I0 +� 'f eighteen years and he is hereby made responsible for the tortuos acts of any person employed in violation of this section . Section 11 . Grhoever in this city shall break open or in any maner directly or indirectly aid or assist in or counsel or advise tY he breaking open of any city pound , or shall take or attempt to take therefrom any animal therein impounded, or shall rescue or attempt to rescue any animal from any person or officer the same in possession at any such pound or on the :say thereto , for the 1 purpose of having the same impounded , shall together with his counce011ors , aiders and abettors , be deemed guilty of a misdemeanor i /and a violation of this ordinance , and upon conviction thereof in the I!f qn� police court , shall be fined in any sum not less than five nor more I than twenty five dollars for each offense . Section 12 . It shall be the duty of the officer impounding any stock Jl'P nana ed in ser of this ordinance to at once notify the owner of $k said stock of such impounding , provided the owner is know to him, and if the owner shall appear within twenty four hours and claim said stock , the same shall be delivered to him upon payment of the amounts hereinbefore specified ti Section 13 . Tha all ordinances ander arts of ordiances in conflict herewith , be and th me are hereby repealed and this ordinance take effect in force m and after its passage , approval and p�ubneation . Approved and signed , June 8th , 1906 . ORDINANCE NO . 182 i �G 1i \ 7 a