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It shall be unlawful for any person being the owner or having the charge of any horse, cow or other animal, to stake the same out or knowingly or intentionally turn the same loose upon the streets, alleys or public grounds of the city; and every person being the owner of, or having the charge of any such animals, who shall knowingly and intentionally allow the same to be at large and graze upon the streets, alleys or public grounds of the city is guilty of a misdemeanor. (1986 Code)
Every person who wilfully, unlawfully and maliciously administers any poison to any animal, the property of another, or maliciously exposes any poisonous substance with intent that the same shall be taken or swallowed by any such animal is guilty of a misdemeanor. (1986 Code)
A. Definitions: For purposes of this regulation, the following definitions shall apply:
ANIMALS AT LARGE: Any animal, whether or not licensed, not under restraint.
UNDER RESTRAINT: Any animal under immediate control of its owner or person having charge, care, custody, or control. Except that a dog shall not be considered under control of the owner unless on a leash or lead, confined within a vehicle, or confined within the real property limits of the owner.
B. Animals At Large Prohibited: It shall be unlawful for any animal or fowl to be at large at any time within the corporate limits of the city. The owner or custodian of any animal which is at large shall be in violation of this section, and be held strictly liable, regardless of the precautions taken to prevent the escape of the animal and regardless of lack of knowledge of the offense at the time it occurs. Any violation of this section shall be a class B misdemeanor. (Ord. 2012-06, 9-18-2012, eff. 10-26-2012)
Every person who drives any herd of sheep consisting of one hundred (100) or more, or any herd or band of horses, cattle or other animals of twenty five (25) or more, over or upon any public streets of the City, except by permission and according to the direction of the Director of Public Safety, first had and obtained, is guilty of a misdemeanor. (1986 Code; amd. Ord. 2018-06, 6-6-2018, eff. 6-28-2018)
If any cattle, horses, asses, mules, sheep, goats or swine shall trespass or do damage upon the premises of any person, the party aggrieved, whether he is the owner or the occupant of the premises, may recover damages by an action at law against the owner of the trespassing animals, or by restraining and impounding the animals in the manner provided in this chapter. (1986 Code)
The owner or occupant of any property may restrain all animals trespassing or doing damage thereon. He shall, within twenty four (24) hours thereafter, deliver the animals to the poundkeeper, together with a certificate of the appraisement of the damage done by the animals. The appraisement must be made by some disinterested male citizen, a freeholder, over twenty one (21) years of age. It must state the amount of damage, the time when committed, the name of the person damaged, the name of the owner of the animals, if known, and if not known it must state the fact, together with a description of the animals, including all visible marks and brands. If the animals appear to be owned by different parties, an appraisement and a separate certificate thereof shall be made by the lot or group of animals which appear to belong to each of the different owners. In such cases the owners shall be notified separately, and each lot or group of animals shall be advertised and sold separately in the same manner as though the damage had been done by different animals at different times. (1986 Code)
The person distraining the animals must, if the owner of the same is known to him and if he resides within ten (10) miles of the place of the trespass, immediately deliver to the owner, or leave at his place of residence if he cannot be found, a copy of the certificate of appraisement; but if the owner does not live within ten (10) miles of the place of trespass, the party distraining the animals may, at his option, deliver a copy of the certificate to the owner in person, or deposit the same in the nearest Post Office in a registered letter addressed to the owner. He shall be entitled to charge ten cents ($0.10) a mile one way for the first ten (10) miles necessarily traveled in delivering the certificate, and five cents ($0.05) for each additional mile, to be taxed as costs against the animals. (1986 Code)
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