(a) The Chief of Police, or humane officer, if designated, shall take charge of any fowl or animal found abandoned, neglected or cruelly treated, and any wagon or vehicle attached thereto, and shall thereupon give or cause to be given to the owner thereof, if known, notice of such seizure and shall care and provide for, or cause to be cared and provided for, such fowl or animal until the owner shall take charge of the same. The expense of the care and provision for any fowl or animal taken up or impounded under the provisions of this section shall be a charge against the owner and a lien upon the fowl, or animal and vehicle, and such fowl, or animal and vehicle, shall not be turned over to such owner until all such expense is paid; provided that, if it shall appear to the arresting officer that the owner has willfully abandoned, neglected or cruelly treated the fowl or animal, the same shall not be returned to him or her until he or she has been acquitted of the charge in the Municipal Court, or, if convicted thereof, until he or she shall execute bond in the penalty of not less than $100 before the Municipal Judge, conditioned not to again cruelly treat such fowl or animal and not then until he or she has fully paid all the time it shall have been in the possession of such officer; and, provided further that, if the owner shall neglect or refuse to pay such expense, then the officer shall sell the fowl or animal as provided in subsection (c) below.
(b) When the Police Chief, or any humane officer, properly designated, shall provide any neglected or abandoned fowl or animal found running at large with proper food, shelter and care, or shall cause another proper person to do so, the town shall have a lien upon such fowl or animal for the expense thereof, and such expense shall be charged against the owner of the fowl or animal and shall be collectible from the owner as provided in subsection (c) below.
(c) When the town is entitled to any lien under the provisions of subsections (a) or (b) above, it may enforce the same by selling the fowl or animal and other personal property upon which the lien is given, at public auction, upon giving written notice to the owner, if he or she be known, of the time and place of the sale at least five days previous thereto, and by posting three notices of the time and place of such sale in three public places within the town at least five days previous thereto, and if the owner be not known, then such notices shall be posted at least ten days previous to the day of sale.
(d) The Police Chief, or designated humane officer, shall file with the Recorder within five days after the sale of any impounded fowl, animal or property, a full report of all money received from such sale, the cost of keeping the fowl or animal as provided in subsection (f) below, and the costs attending such sale, and the Police Chief, or designated humane officer shall, after deducting all expenses, fees and costs, pay all surplus money if any, arising from the sale of any impounded fowl, horse, mule, goat, hog, pig or cattle to the Town Recorder, taking his or her receipt therefor in duplicate, one copy of which shall be retained by the officer and the other shall be turned over to the Municipal Court Judge, and the Town Recorder shall place all money so received by him or her from the sale of impounded animals to the credit of the General Fund and account for the same as for other money in his or her charge.
(e) All money received by the Recorder from the sale of impounded fowl or animals shall be paid over to the owner thereof, in the same manner as other public funds are disbursed; provided, written demand therefor is made to the Recorder by the rightful owner thereof within 60 days from the sale of such animal.
(f) (1) The following costs and fees shall be collected from the owner:
(a) For taking up and impounding each fowl, goat, hog, pig, sheep or calf: $20;
(b) For taking up and impounding each horse, mule, cow, ox or bull: $20;
(c) For feeding each fowl, goat, hog, pig, sheep or calf, per day: $5;
(d) For feeding any horse, mule, cow, ox or bull: $5; and
(e) For making sale of such fowl or animal: 20% of the sale price thereof.
(2) Provided, that the officer may have such fowl or animal properly provided for by some other suitable person, at a rate not to exceed the fees herein provided, in lieu of assuming such responsibility until the fowl or animal is sold or is returned to the owner as provided in this article. Such fees, when collected, shall be paid over by the officer to the Recorder.
(g) No person shall break open or in any manner, directly or indirectly, aid or assist in breaking open any pound established by the town, or any enclosure in which an impounded fowl or animal may be kept or take or let any horse, mule, goat, hog, cattle or any other fowl or animal out of the public pound or other enclosure when so kept without the consent of the person or officer in charge thereof. Any person guilty of violating this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $10, nor more than $100.
(Ord. passed 6-12-1973; Ord. passed 4-8-1986)