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HomeMy WebLinkAboutORDINANCE NO. 28ORDINANCE # 28 AN ORDINANCE PROHIBITING THE RUNNING AT LARGE OF ANY HORSE, MULE, JACK, JENNET, SWINE, SHEEP, GOAT, CATTLE OF ANY KIND, WITHIN THE CORPORATE LIMITS OF THE TOWN OF OWASSO, OKLAHOMA, PROVIDING FOR THE IMPROUNDING OF THE SAME: NOTICE OF SALE AND SALE OF SUCH ANIMALS: DEFINING THE DUTIES OF THE TOWN MARSHALL IN RELATION THERETO: REDEMPTION BY THE OWNER THEREOF AND PROVIDING A PENALTY FOR THE VILATION HEREOF. SECTION 1. hereafter no horse, mule, jack, jennet, swine, sheep, goat or cattle of any kind, shall be suffered or permitted to run at large within the corporate limits of the Town at any time; and it is delcared to be unlawful for the owner or person in charge of any of the animals above mentioned to suffer or permit any such animal to run at large within the limits of the Town contrary to the provisions hereof. SECTION 2. It shall be the duty of the Town Marshall to cause all such animals found running at large to be seized and impounded in some pound selected or provided for that purpse, and to notify the owner or owners thereof, and the said owner or owners shall pay the folloing fees therefore before the Town Marhsll, shall turn over any of said animals to him, her or the, namely: pund fee of Two dollars for each horse, mare, mule, colt, jack, jennet, and One dollar per day for keeping the same, and for each sheep, goat, cow, calf, steer, or haog, a pund fee of One Dollar, and Fifty Cents per day for keeping the same. SECTION 3. In case the owner or owners, or the person in charge of an impounded animal or animals be unknown, it shall be the duty of the Marshal to advertise such animal or animals by posting notices at three public places in the Town. If after ten days notice no person appears to claim such animal or animals, it shall be the duty of the Marshal to seel the same at public auction as hereinafter provided. SECTION 4. Any person or persons who shall uffer or permit any horse, stallion, mule, jack, jennet, colt, goat, swine, steer, cow, bull, calf or other animals owned or controlled by him to run at large within the corporate limits of the Town, or shall take or tie any of such animals within the streets, highways, alleys or lanes within the Town or stake out or tie so that such animals may get into the same or on the property of others, or permit the same to run at large within the Town limits, shall be deemed guilty of an offense hereunder. SECTION 5. The Marshal, or some person designated by him, shall be the keeper of the ound used for impounding animals. The Marshal is hereby authorized and empowered to take up all animals staked or tied in any of the streets, alleys or highways of said town or staked or tied so that ehy may get into the same, and confine said animal or animals in the pound and to care for the same at the expense of the owner; and all costs and charges growing out of the takin gup and care and keeping of said animals shall be paid to the Marshal before any animals shll be released by him. SECTION 6. Any animals take up may be sold at public sale by said Marshal at any time after the expiration of ten days from the time of impouding, and said Marshal shall attend to the public sale of animals and shall give at least five days notice of the time and place of such sale by causing notices thereof to be posted in at least five public places in the town. SECTION 7. It shall be the duty of the Marshal to enter in a book to be kept by him for that purposes to description and date of the sizure of all animals taken under this ordinance; and the place where impounded, the name of the owner, if know, and if unknown, the date of the warning notice. notice, and all subsequent proceedings relating thereto and the sale thereof, the amount realized and the amount turned into the Treasury. An accurate account shall be kept of the amount for which each animal or lot of animals was sold and the amount of the fees due for services as provided herein and a report shall be made by the Marshal to the Town Treasurer. The proceeds from such sales shall be applied to the payment of the fees hereinbefore provided and the proceeds of such sale after deducting the fees and costs shall be turned to the Town Treasurer, subject to the claim for the proper person entitled thereo, who may apply to the Board of Trustees for the same within three months after such sale. SECTION 8. If the owner of any animal shally apply to and pay the Marhsal the cost, charges, expenses and fees incurred under the pro- visions hereof at any time before the sale of any animal, the said Marshall shall release the said animal; but if the animal has been sold, and the ownership of the same is satisfactorty shown to the Marshal before the payment of said money to the Town Treasurer, the Marshal shall pay the balance, if any, to the owner thereof, and take a receipt in duplicate therefore, one of which he shall file with the Town Clerk and the other to be retained by him. In the vent that the owner of such animal so sold shall prove ownership to the same after the payment of money to the Town Treasurer, then the Marshal shall certify such facts to the Board of Trustees, stating the amount deposited with the Town Treasurer on account of such sale, and thereupon a warrant shall be drawn upon the treasurer to pay such claimant after deducting the expenses and costs from the aount so paid. SECTION 9. Every person who shall resist the enforcement of this ordinance, or who shall take out or attempt to take out of the pound any animal or stock placed therein by the direction of the Marsha, without paying the fees prescribed by this ordinance, shall be deemed guilty of an offense and upon conviction thereof shall be fined in any sum not less than One Dollar normore than Twenty-five Dollars, for each offense. SECTION 10. Whoever shall drive or cause to be driven, or who shall be connected directily or indirectly, with the driving of any stock from withou tto within the Town limits for the prupose of improunding the same, shall be deemed guilty of an offense and upon conviction thereof shall be fined not less than One Dollar nor more than Twenty-give Dollars. And, any person found guilty of opening an enclosure within the Town limits for the prupose of letting go at large any animal mentioned herein shall for each offense be fined not less than One Dollar nor more than Twenty-five dollars for each offense.