A. Impoundment: It shall be unlawful for any cattle, horses, mules, asses, sheep, goats, hogs or any other livestock to run at large upon the streets, alleys or public grounds in the City at any time, and such animals found running at large shall be considered as estrays, and it shall be the duty of the poundmaster to take any such animals and to impound the same in the City pound. (1935 Code § 87; amd. Ord. 1, 8-1-1967)
B. Interference With Poundmaster Prohibited: It shall be unlawful for any person to take any such animals from the custody of the poundmaster after he has seized the same as estrays and is driving them to the City pound without his consent, or to take any such animals from the City pound without first paying the charge for taking up, or costs incurred against such animals hereunder. (1935 Code § 88; amd. Ord. 1, 8-1-1967; 1999 Code)
C. Notice Of Impoundment:
1. If the owner of any animal is known and resides in the City, the poundmaster shall notify such owner in person or in writing within twenty four (24) hours of the impounding of such animal found running at large within the limits of the City, and if the known owner of such animal is not a resident of the City, then the poundmaster shall send notice of the impounding of such animal to such owner, by registered mail, within twenty four (24) hours of the impounding of the same.
2. If the owner of such animal so impounded is unknown, the poundmaster shall send a description of such animal, giving its breed, sex, marks, brands and any distinguishing marks thereon to the Bureau of Registration of the State Department of Agriculture, at Boise, Idaho, with any necessary fee for searching the records of ownership, with a request that the owner's name and address be furnished. He shall give notice of the impounding of said animal with charges therefor to the owner of said animal, by registered mail, within twenty four (24) hours of the receipt of such information. (1935 Code § 91; amd. Ord. 1, 8-1-1967; 1999 Code)
D. Impounding Fees: The owner of any animals seized or impounded as estrays hereunder shall be required to pay to the City Clerk as a penalty and as costs for the taking up and keep of any such estrays, a sum to be determined by resolution by the City Council per head for any cattle, horses, mules or asses taken up hereunder; and a sum to be determined by resolution by the City Council per day per head for any major part of a day for the feeding of any such animals while in custody; and a sum to be determined by resolution by the City Council per day per head for the taking up and impounding of any sheep, goats or hogs; and a sum to be determined by resolution by the City Council per day or part of a day per head for the feeding of any such animals until claimed. Such persons shall also pay all costs incurred herein. (1935 Code § 89; amd. Ord. 1, 8-1-1967; 1999 Code)
E. City Clerk To Keep Records: It shall be the duty of the City Clerk to keep the City pound book, and register therein the name and description of all estrays impounded hereunder, the date of their impounding, the date of their release, the charges assessed and collected against each animal, the amount received from the sale of all estrays, and the costs and expenses of each sale. (1935 Code § 90; amd. Ord. 1, 8-1-1967)
F. Disposition Of Unclaimed Animal:
1. Notification Of Sale: If the owner of any animal impounded cannot be found, or if the known owner makes no claim for same or refuses to pay the charges incurred for the impounding, care of or expense incurred in impounding or caring for said animal so impounded hereunder, within five (5) days after being notified of the impounding thereof, then the poundmaster shall advertise said animal for sale, by posting notice of the time and place of sale, and as full and accurate a description as possible of the animal to be sold, giving the approximate age as near as possible, kin, sex, weight, brands and distinguishing marks of said animal, in three (3) public places in the City, and publishing the same in the official City newspaper, for not less than two (2) issues next preceding said sale, and by sending a copy of said notice of sale to the owner, if known, by registered mail. Such notice shall be posted and published for not less than ten (10) days nor more than fifteen (15) days before the date of sale, from the date of posting or first publication of the notice, and if said animals are not claimed and all costs incurred on account of them paid before said sale, the same shall be sold at public auction by the poundmaster to the highest bidder for cash. (1935 Code § 92; amd. Ord. 1, 8-1-1967; amd. 1999 Code)
2. Disposition Of Monies: All monies received from the sale of impounded animals unclaimed shall be turned over by the poundmaster to the City Clerk, and by him delivered to the City Treasurer. All expenses incurred for the impounding, keeping, search for owner, advertising or selling of such animals shall be first paid out of such receipts, and the balance remaining, if any, shall be placed in a separate fund, and held therein for six (6) months after such sale, during which time the owner of any animal so sold may appear and prove his ownership of any animal so sold, and be entitled to receive any such balance remaining above such costs. All monies unclaimed at the end of such period shall be placed in the General Fund of the City. (1935 Code § 93; amd. Ord. 1, 8-1-1967)