Loading...
The owner of any trespassing animals taken up under the provisions of this chapter may, at any time before the sale thereof claim and take such animals away upon paying the amount of damages set forth in the certificate of appraisement and the accrued costs, and if such animals are included in a lot or group of animals belonging to other parties, against which the damages and costs are assessed as a whole, he shall pay his proportion of the total amount of damages and costs assessed against such animals, according to the number of animals he owns when compared with the number of the entire lot or group. If he deems the appraisal too high, he may choose another appraiser having the qualifications provided in this chapter, who with the first shall make a new appraisal, and if they cannot agree they shall choose a third and the three (3) shall proceed to make another appraisal, and the decision of the majority shall be final. (1986 Code)
If the animals are not claimed and taken away by the owner, the poundkeeper shall, at the time and place set forth in the notice of sale, proceed to sell the animals one at a time, to the highest cash bidder. If the owner of any lot of animals to be sold is known, the poundkeeper shall sell only enough of the animals to pay the damages and costs, and the remainder may be turned over to the owner at any time thereafter; but if the owner is not known, the pound master shall proceed to sell all of the animals so advertised for sale. He shall execute and deliver a bill of sale therefor. (1986 Code)
The owner of any trespassing animals sold under the provisions of this chapter may, at any time within ninety (90) days of the date of the sale, redeem such animals from the purchaser or assignee having the same in his possession, upon paying to the purchaser or assignee the sum for which the animals were originally sold together with ten percent (10%) additional, and a reasonable compensation for the care and keeping of the same. If the purchaser or assignee refuses to give the animals to the owner providing his title to the same and on his tendering the amount due as provided in this chapter, the owner may maintain an action at law to recover the same; provided, that the purchaser or any assignee who has disposed of the animals shall not be liable to the owner of any amount. If no redemption of such animals is made within ninety (90) days after the date of the sale, then the sale shall be absolute and shall vest the title to the animals in the purchaser or his assignee. Any person selling or disposing of an animal within ninety (90) days of the sale thereof, under the provisions of this chapter, shall notify the purchaser of the amount paid for the animal at that time, and if he fails to do so he shall be liable for any loss that may accrue to the purchaser by reason of the animal being redeemed for a less amount than he paid therefor. (1986 Code)
If any strays or trespassing animals sold under the provisions of this chapter shall, within a period of six (6) months immediately ensuing after the date of the sale thereof, be claimed and proved to be the property of any person, it shall be the duty of the treasurer at the expiration of such time to pay the money received for such animals to the owner thereof less the amount of damages and the expense of taking, keeping and selling the same; but in the event that the animals are not claimed as aforesaid, then such money shall become the property of the city; provided, that in case there is a contest between two (2) or more persons claiming to be the owners of such animals, the treasurer shall pay residue to the party who shall establish by action his right to the same. (1986 Code)
The poundkeeper shall keep an accurate record of all trespassing animals received by him, which shall contain the names of the injured party and the owners of the animals, the amount of the damages claimed, and all other matters necessary to a complete account of the transaction. Such records shall be open for inspection at all reasonable hours. (1986 Code)
It shall be unlawful for any person to take his own animal or that of any other person out of the custody of a person holding the same for damages done by it, or out of the city pound, by stealth, by fraud or by force; and it shall be unlawful for any person to interrupt or hinder anyone while in the discharge of his duty under the provisions of this chapter. (1986 Code)
The net proceeds of the sale of all animals, as provided in this chapter, shall be paid into the treasury subject to the order of the owners of the animals, if applied for within six (6) months from the date of sale. If not applied for within that time, the treasurer shall turn the amount into the general fund. (1986 Code)
Loading...