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HomeMy WebLinkAboutOrdinance 2762 ORDINANCE NO. AN ORDINANCE DECLARING THE RUNNING AT LARGE OF CERTAIN ANIMALS WITHIN THE CITY OF FORT WORTH A NUISANCE AND MAK- ING IT UNLAWFUL FOR THE OWNER OR KEEPER OF SUCH ANIMALS TO PERMIT THE SAME TO RUN AT LARGE; MAKING IT UNLAWFUL FOR THE OWNER OR KEEPER OF CERTAIN ANIMALS TO PERMIT THEIR GRAZING OR PRESENCE ON A PUBLIC THOROUGHFARE, OR UPON PRIVATE OR PUBLIC PROPERTY, EXCEPT BY OWNER'S CON- SENT; PROVIDING FOR THE IMPOUNDING OF CERTAIN ANIMALS FOUND RUNNING AT LARGE; PROVIDING FOR THE SALE OF SUCH IMPOUNDED ANIMALS AND THE DISPOSITION OF THE PROCEEDS OF SUCH SALE; PROVIDING FOR THE REDEMPTION OF CERTAIN IMPOUND- ED ANIMALS; SETTING UP FEES FOR POUNDAGE; PROVIDING A PENALTY FOR THE VIOLATION HEREOF OF A FINE OF NOT LESS THAN FIVE DOLLARS ($5.00) AND NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); MAKING THIS ORDINANCE CUMULATIVE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. The running at large of horses, mules, jacks, jennets, cattle, sheep, goats or hogs within the City of Fort Worth is hereby declared a nuisance, and it is hereby made unlawful for the owner or keeper of any such animals to permit the same to run at large within the corporate limits of the City of Fort Worth. 0 SECTION 2. The City Council shall select and establish a place or places within the City for impounding such of said animals as are found running at large. SECTION 3. The Chief of Police, or any policeman or other person designated by the Chief of Police, City Manager or City Council, shall take up and im- pound any such animal found running at large in the city limits of the City of Fort Worth. SECTION k. The Chief of Police, or some person designated by him, shall sell such impounded animals at public auction for cash, after giving five (5) days, public notice of the time, terms and place of sale in the daily official newspaper of the City of Fort Worth, or by posting such public notice in the hallway of the ground floor of the City Hall, the hallway of the first floor of the County Court House, and at the City Pound, describing the animal impounded and stating that the same will be sold to defray costs if not reclaimed and costs paid before the day of sale. If not reclaimed by said day, the Chief of Police, or the person designated by him, shall, between the hours of ten o'clock A. M., and four ofelock P. M., on said day, sell such animal at public auction to the highest bidder and, after deducting all the expenses of sale and taking up and keeping such animal, J shall return the balance of the proceeds, if any, to the owner of the ani- mal. If no owner shall call for the animal within thirty (30) days from day of sale, said balance shall be paid into the City Treasury. At any time within six (6) months after said sale, the owner may apply to the City Council, and, upon satisfactory proof of his ownership, he shall be en- titled to receive the amount paid into the City Treasury on account of such sale. If any such animal cannot be sold, it shall be forthwith de- stroyed. SECTION 5. The owner of any such animal impounded, as aforesaid, may redeem the same as follows: 1. Before sale - By paying the expenses of taking up and keeping, together with the cost of posting and advertising, if any; or 2. After sale - By paying to the purchaser double the amount bid by him for such animal or animals and his reasonable expenses for keeping the same, provided the owner so redeems such animal or ani- mals within thirty (30) days after the date of sale; otherwise, such ani- mal or animals shall become the abso- lute property of the purchaser. SECTION 6. The Chief of Police, or the person in charge of the pound, shall keep a book giving the description of all animals impounded by him, the date of impounding, the date of sale, the amount realized for such animal, and the name and address of the purchaser. SECTION 7. The following shall be the fees charged for poundage: For taking up and impounding, per head ----------------V.00 For taking care of animals per day, per head ------------ 1.00 For selling animals, per head --------------------------- 1.00 For preparing and posting advertisement of sale --------- 1.00 For newspaper advertisement - the actual cost as deter- mined from time to time; and in the event more than one animal is advertised in the same advertisement, the cost per head shall be divided equally among the animals sold or redeemed. SECTION 8, If any of the animals named in this ordinance are found upon the prem- ises of anyone, the owner or occupant of said premises shall have the right to confine such animal until he can notify the Chief of Police or Pound- keeper to come and impound such animal, provided the same is done in a rea- sonable time. When so notified, it shall be the duty of said officer to at once cause such animal to be impounded as herein provided. SECTION 9. It shall be unlawful and a violation hereof for the owner or keeper of any animal named in this ordinance to permit any such animal to graze or go upon any public thoroughfare within the City of Fort Worth, or graze or go upon any public or private property within the corporate limits of Fort Worth, except by written permission of the owner or custodian of such pri- vate or public property. It shall be the duty of the Police Department to pick up and impound, as provided herein, any such animal found in or upon the places here forbidden. SECTION 10, Any owner or keeper of any animal named in Section 1 of this ordinance who shall permit the same to run at large within the city limits of the City of Fort Worth, and any person, firm or corporation who shall violate any of the provisions of this ordinance, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in a sum of money of not less than Five Dollars ($5.00) and not to exceed Two Hundred Dollars ($200.00). SECTION 114 This ordinance shall be cumulative of all the provisions and sections of other ordinances of the City of Fort Worth relating to animals except in those instances Where the provisions of this ordinance are in direct conflict with such provisions and sections, in which instances said con- flicting provisions are expressly repealed. SECTION 12. If any section, part of a section or provision of any section of this ordinance shall be held to be void, ineffective or unconstitutional by a court of competent jurisdiction, the holding of such section, part of a section or provision of any section to be void, ineffective or unconstitu- tional for any cause whatsoever shall in no way affect the validity of the remaining sections and provisions of this ordinance, which shall remain in full force and effect. The City Council would not have passed any seo- tions, parts of sections or provisions of any sections of this ordinance that were unconstitutional, void or ineffective if they had known that they were unconstitutional, void or ineffective at the time of adopting this ordinance. SECTION 13, This ordinance shall take effect and be in full force and effect from and after the date of its passage and publication as required by law. AP VED AS TO M: sistant City Attorney ORDINANCE Titles -� -'_�> r. Date_ Day of 19 City Secret