ORDINANCE NO. 15.
AN ORDINANCE IN RELATION TO RESTRAINING ANIMALS FROM RUNNING AT LARGE IN THE CITY OF BROWNING, MO., AND TO PROVIDE FOR A PENALTY FOR THE VIOLATION THEREOF.
Be it ordained by the Board of Alderman of the City of Browning, Missouri, as follows:
SECTION 1. It shall hereafter be unlawful for any domestic animal of the species of horse, mule, ass, cattle or swine to run at large in the corporate limits of the City of Browning, outside of the enclosure of the owner thereof, and the owner of each and every such animal shall forfeit and pay for the use of the city the sum of twenty-five cents for every twenty-four hours or fraction thereof, such animal shall run at large.
SECTION 2. The City Marshal is hereby required to take up and confine in a secure pen or pound, or other place provided by the city for that purpose, every animal found running at large contrary to the provisions of section one of this ordinance, and retain the same at least twenty-four hours and if not redeemed within said twenty-four hours, he shall dispose of them as hereinafter directed.
SECTION 3. If the owner of any animal taken up under the provisions of this ordinance shall, within twenty-four hours after the same is taken up pay to the City Collector the penalty herein provided, and the fee for taking up and keeping the same, such animal shall be restored to the owner and if the owner does not redeem the same, within the said time by payment as aforesaid, the City Marshal shall within the next eight days sell the same at public auction, to the highest and best bidder, for cash, between hours of nine and twelve o'clock in the forenoon, at the place of confinement; provided, however, that the sale of any such animal shall release the owner from the penalty and costs incurred for permitting the same
to run at large.
SECTION 4. The money received on the sale of any such animal, after deducting the penalty and fifty cents for taking up and a reasonable compensation for keeping, and fifty cents for selling such animal, shall be paid to the owner thereof on application to the City Marshal within thirty days after sale, but if no application is made all over and above the Marshal's compensation shall be paid into the City Treasury.
SECTION 5. The City Marshal is required to pay all monies received by him as penalties under the provisions of this ordinance into the City Treasury, and make monthly reports of the same to the Board of Aldermen, specifying the names of the owner of each animal taken up and the amount paid for the same.
SECTION 6. If no person shall bid at any sale as much as the whole amount of costs for taking up, keeping and selling as provided for in this ordinance, it shall be lawful for the City Marshal himself to bid thereon for the amount of his costs and charges, and if no one shall bid more on the property offered, it shall be struck off to the Marshal as in other cases, and the owner of such animal, taken up as aforesaid, may redeem the same at any time before the sale, as provided for in the third section of this ordinance.
SECTION 7. The City Marshal shall, before selling any animal under this ordinance, advertise the same by written or printed notice, giving a description of the property and time and place of sale, in three public places of the city for at least five days before the time of sale, and said Marshal may, at his discretion, adjourn such sale from day to day, if necessary to get bidders.
SECTION 8. The City Marshal may employ and authorize any person to take up animals running at large in this city.
SECTION 9. The fee for taking up any animal shall be fifty cents, which shall be retained by the Marshal.
SECTION 10. If any person shall cause any animal to come or be brought within the corporate limits of this city, or shall turn any of the animals mentioned in section one of this ordinance out of any enclosure for the purpose, directly or indirectly, of having the same taken up under this ordinance, such person shall forfeit and pay, for the use of said city, for each offense not more than twenty dollars, to be recovered as other fines are recovered.
SECTION 11. The foregoing ordinance shall be construed that any sow taken up with her unweaned pigs shall count the same as one hog.
SECTION 12. The City Marshal shall keep a record of each and all animals taken up under the provisions of this ordinance; said record shall contain a description of said animal or animals taken up, and if sold, the date of sale, amount sold for, and to whom sold; and if redeemed, date of sale and name of person redeeming.
SECTION 13. This ordinance shall take effect and be in force
from and after its passage and approval.
Passed and approved this 9th day of May, 1892.
E. B. Fields, Mayor. Attest:R. M. Tunnell, City Clerk.