5-1-12: ANIMALS, FOWL AT LARGE:
   A.   Definition Of Terms: As used in this section:
    ANIMAL: Any and all types of animals, both domesticated and wild, male and female, singular and plural.
   AT LARGE: Off the premises of the owner or custodian of the animal or fowl and not under the immediate control of the owner or custodian.
   FOWL: Any and all fowl, domesticated and wild, male and female, singular and plural. (1952 Code § 6-14-01)
   B.   Poultry At Large: It shall be unlawful for any person to allow any chickens, ducks, turkeys, geese or other fowl owned by him to run at large upon the streets, alleys or other public places of the City, or upon the property of any person without the consent of the owner. (1952 Code § 6-07-18)
   C.   Animals And Fowl Not To Be Permitted At Large: It shall be unlawful for any person, partnership, company, corporation or association owning or having in his or their custody animals or fowl to permit same to go at large to the injury or annoyance of others, nor shall such animals or fowl be permitted at large upon the streets or other public ways of the City. (1952 Code § 6-14-02)
   D.   Nuisance: For any person, partnership, company, corporation or association to permit animals or fowl to go at large upon the public streets or other public ways of the City or to go at large to the injury or annoyance of others is hereby declared to be a nuisance, which by this subsection is defined to be injurious and dangerous to public health and safety, an obstruction to the free use of property and an interference with the comfortable enjoyment of life or property. (1952 Code § 6-14-03)
   E.   Property Owner May Impound: Any person finding any animal or fowl upon his property to his injury or annoyance may take up same and, as soon as possible, notify the poundmaster of the City pound of his custody, giving a description of the animal or fowl and the name of the owner, if known. (1952 Code § 6-14-04)
   F.   Pound To Take Possession: The City pound, as soon as possible after receiving notice from the property owner taking up and impounding an animal or fowl, will dispatch a police officer, dog catcher or other suitable employee to the premises of the said property owner and take possession of the animal or fowl. (1952 Code § 6-14-05)
   G.   Officer May Impound: Any police officer, dog catcher or other employee designated by the pound for such purpose is authorized to capture and impound any animal or fowl found at large, impounding to be in accordance with the procedure provided and authorized by this chapter. (1952 Code § 6-14-06; amd. 2019 Code)
   H.   Notification To Owner: The City pound shall notify the owner or custodian of the animal or fowl that such animal or fowl has been impounded, and the owner or custodian may redeem the animal or fowl so impounded from the City pound by paying the board bill on a per diem basis in an amount as specified in this chapter. If the pound, after reasonable diligence, is unable to find who owns or has custody of the animal or fowl, or if the owner or custodian of an animal or fowl after notification has not redeemed said animal or fowl within twenty four (24) hours after such notification, the pound may dispose of the animal or fowl or sell said animal or fowl in accordance with the manner and procedure provided by the applicable provisions of this chapter. (1952 Code § 6-14-07; amd. 2019 Code)
   I.   Penalties: Any person, partnership, firm, company, corporation or association violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. (1952 Code § 6-14-08)
   J.   Payment Of Fees, Fines And Other Penalties:
      1.   The Police Court shall, from time to time, list and post with the poundmaster the amount of fine which is automatically levied for the violation of any of the provisions of this section, which fine may be paid to the poundmaster without appearance before the court. Any police officer, dog catcher or other authorized employee shall, upon delivery to the pound of any animal or fowl seized and taken up, in accordance with the provisions of this section, deliver to the poundmaster a citation provided by this chapter, which citation shall, in addition to the information required by this chapter, contain information of the amount of fines set by the Police Court, which may be paid by such person to the poundmaster, or otherwise a person shall appear before the Police Court within five (5) days. All fines so paid to the poundmaster shall be remitted to the Police Court daily. The owner of any animal or fowl taken up and impounded under the provisions of this section may recover possession of such animal or fowl upon payment to the poundmaster of the required license fee, if any, together with the payment of the costs, fees, and fines as provided by this section and this chapter.
      2.   If the owner or custodian of any animal or fowl taken up and impounded shall fail to pay any license fee and costs, fines and fees required by this section and/or this chapter within five (5) days after notice has been given to such owner or custodian, the poundmaster may destroy such animal or fowl. (1952 Code § 6-14-09; amd. 2019 Code)