SECTION:
8.12.010: Impounding And Disposal Of Estrays Generally
8.12.020: Notice Of Sale Of Estrays
8.12.030: Return To Owner On Payment Of Costs; Sale
8.12.040: Record Of Estrays
8.12.050: Trespassing Animals; Damaging; Impounding
8.12.060: Appraisement Of Damages
8.12.070: Owner To Be Notified
8.12.080: Failure To Notify Waives Damages
8.12.090: Where Owner Unknown; Duty Of Director Of Animal Services
8.12.100: Notice Of Sale Of Distrained Animals
8.12.110: Owner May Pay And Take Animals; Disputed Appraisal
8.12.120: Sale; Bill Of Sale
8.12.130: Record Of Trespassing Animals
8.12.140: Unlawful Sales
8.12.150: Retaking Animals Unlawfully
8.12.160: Animal Shelter
8.12.170: Bill Of Damage
8.12.180: Proceeds Of Sale
8.12.190: Advertising Bills
8.12.200: Animals At Large
8.12.210: Detention Of Animals
8.12.220: Malicious Impounding
8.12.230: Fees
8.12.240: Monthly Statement
8.12.250: Responsibility For Fencing
It is made the duty of the director of animal services to take into his/her possession and impound all estrays running at large, and to dispose of the same as hereinafter provided. Whenever the word "estray" appears in this chapter, it is defined to mean any valuable animal, except dogs or cats, not wild, found wandering from its owner. (Ord. 69-99 § 9, 1999: Ord. 24-89 § 1, 1989)
Within five (5) business days after an estray shall come into the possession of the director of animal services, the director may advertise the same in a newspaper published in the county, having general circulation in the county, by publishing a notice in at least one issue of said paper, at least five (5) days before the sale, and by posting notices for a period of ten (10) days in three (3) public places in the city, one of which places shall be at or near the post office. The director shall immediately deliver a copy of such notice to the county clerk, or mail the same to him/her by registered letter. The notice so filed with the clerk shall be available during reasonable hours for inspection by the public free of charge. The notice herein provided for shall contain a description of the animals, including all makes and brands, when taken, the day, hour, and place of sale, and may be substantially in the following form:
NOTICE
State of Utah, County of Salt Lake,
In Salt Lake City,
I have in my possession the following described estray animals, which, if not claimed and taken away, will be sold at public auction to the highest cash bidder at the Animal Shelter in Salt Lake City on , the day of , 20 , at the hour of .
(description of animals)
Said estrays were taken up by me in said city on the day of , 20 .
Director, Animal Services
(Ord. 21-14, 2014)
If at any time before the sale of any estrays, such animals shall be claimed and proved to be the property of any person, the animal services director shall deliver them to the owner upon receiving from the owner the cost of impounding, keeping and advertising the same. If the animals are not so claimed and taken away, the director shall, at the time and place mentioned in the notice, proceed to sell the same, one at a time, to the highest cash bidder, and shall execute and deliver a bill of sale transferring said animals to the purchaser or purchasers thereof, which bill of sale shall be substantially in the following form:
I hereby certify that in pursuance of the law regulating the disposal of estrays and trespassing animals, I have this day sold to for the sum of $ , he/she being the highest bidder, head of , described as follows, to wit:
(description of animals)
Witness my hand this day of , 19 .
Director, Animal Services
The director shall immediately file a copy of such bill of sale with the county clerk or forward the same to him/her by registered mail. The copy so filed with the clerk shall be preserved for a period of two (2) years and shall be open to inspection during all reasonable hours without charge. Such bill of sale shall transfer and vest in such purchaser the full title to the animals thus sold. (Ord. 69-99 § 9, 1999: Ord. 24-89 § 1, 1989)
The director of animal services shall keep an accurate record of all estrays received by him/her, their age, color, sex, marks, and brands, the time and place of taking and the expense of keeping and selling the same, all animals claimed and taken away, all animals sold and to whom sold and the amount paid, all monies paid to owners after sale, all monies paid into the city treasury, and all other matters necessary to a compliance with the provisions of this chapter. The mayor shall provide the director with a suitable book, in which shall be entered the records required by law to be kept by the director. Such records shall be open to the inspection of the public at all reasonable hours, and shall be deposited by the director with his/her successor in office. (Ord. 69-99 § 9, 1999: Ord. 24-89 § 1, 1989)
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 such be the owner or occupant of such premises, may recover damages by an action at law against the owner of the trespassing animals, or by distraining and impounding said animals in the manner provided herein. (Ord. 24-89 § 1, 1989)
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