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61 of 1902 - Ordinance 61 of 1902 – Creating the office of City Poundkeeper. ORDINANCE . ii An ordinance creating the office of City Poundkeeper, fixing his salary, prescribing and regulating his duties, prescribing penalties for detaining estray animals, for taking them from the proper custody, for maliciously impounding animals, and amending Chapter 15 of the Revised Ordinances of 1892. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Chapter 15 of the Revised Ordinances of 1392 is hereby amended to read as follows: Chapter XV. Estray Pound. Section 1. The office of City Poundkeeper is hereby created, and the salary is hereby fixed at $720.00 per annum, payable monthly .,' S as are the salaries of other City Officers. Section 2. The Mayor shall have power to appoint during the term for which he shall be elected, and subject to confirmation by the Council, a competent person to the position of City Poundkeeper. Section 3. The City shall furnish suitable premises to be used as the City Pound, and it shall be the duty of the City Poundkeeper to take charge of the premises which shall be designated as the City Pound, and keep said premises in a clean and orderly condition. It shall be his duty to receive and take care of all animals committed to his charge, and provide all necessary forage therefor. He shall promptly and with diligence make every effort to find the owners of all animals received by him, by examining the records, marks and brands and otherwise, and notify the owner if found. Section 4. He shall keep a full, complete and accurate set of books, which shall set forth in detail all business done in connec- tion with the City Pound. Section 5. He shall register in his books all animals deliver- ed to him for commitxlient, , which registration shall set forth when received, from whom, where from, amount of damage done, kind of animal, approximate age, color, marks, brands and such other descrit,:, • 61 � I -z- tion as may aid the owner to identify his animal, a true copy of which shall be posted forthwith on the outside of the entrance to said Pound. Section 6. He shall receive and file all bills of damage duly presented, and enter the amounts in his books, which shall be open to the inspection of the public. He shall not deliver any animal to the owner until all costs and damages are paid or satisfactorily arranged for. Section 7. He shall, when animals remain unclaimed in the City Pound for the space of three (3) days, from the time of commitment advertise said animals for sale, in some daily newspa]er having a general circulation and published in Salt Lake City, in at least three (3) successive issues; said advertisement shall be substan- tially in the following form: "Notice of City Poundkeeper's Sale". "Notice is hereby given to the owner or owners of the animals hereinafter described,and to whomsoever it may concern: That there are impounded at the resent time in the City Pound the following described animals: Kind of animal Full description Damages Cost of impound- Amount and Number by color,age,marks, apprais -ing and expense required brands,etc. ed. of sale and to re- advertising deem. No. If said animal or animals are not claimed and all amounts due thereon paid, and said animal or animals taken away within ten (10) days from the date of the first publication of this notice, they will be sold by the City Poundkeeper at public sale, at in this City at the hour of to the highest bidder. Date of first publication." -3- Section 8. *finless said animal or animals are claimed by the owner or his agent, and ownership proved,and all costs and damages paid on or before tre day and hour named for the sale, the Pound- keeper must sell such animal or animals to the highest bidder for cash, at the place and day and hour set, provided, that in no case shall a sale be made for lees than the damages and costs of deten- tion and expense of sale. And in the event of no bids being made for any animal or ani- mals, they shall be bid in by the City Poundkeeper to the City for the amount of damages and costs accruing against said animal or animals. Section 9. The net proceeds of the sale of all animals as herein provided shall be paid into the City Treasury, subject to the order of the owners of said animals, if applied for within six (6) months from the date of sale; if not applied for within that time, the City Treasurer shall cover the amount into the general Fund. Section 10. All bills fo- advertising shall be certified to,by the Poundkeeper and if correct, shall be paid by the City Council. Section 11. The Poundkeeper shall have power to purchase all necessary forage or feed in connection with his office, on the credit of Salt Lake City, and shall certify to all accounts therefor) which upon presentation to the City Council, if correct, shall be paid. Section 12. No cattle, horses, mules, sheep, goats, or swine shall be allowed to run at large, or be herded, picketed or staked out upon any street, sidewalk or any other public place within the j limits of the City, and all such animals so found may be taken up and driven to the estray pound; Provided, that nothing herein con- tained shall be so construed as to prevent any person from driving milch cows, work cattle, horses, mules or other animals from outside the city limits to any enclosure within the city limits, or from any enclosure #I in the city to a place outside of the city. Section 13. All damages done by any animal trespassing shall, -4- upon request of the person damaged, be forthwith appraised by any disinterested person, who may make a reasonable charge for such ser- vice, and shall set forth in such appraisal, in writing, the time and place of damage, the amount of damages, together with his charges, the name of the owner of the animal, if known,the name of the person so damaged; also the kind and description of the animal; which appraisal, if not paid or satisfactorily arranged for by the owner, or if the owner be not found, shall, together with the animal be delivered to the city poundkeeper. Provided, that if the owner deem the appraisal too high, said owner may choose another appraiser) who, with the first, may make a new appraisal; or when they cannot agree, they two may choose a third, and the three may proceed to make a final appraisal. Section 14. Any animal found doing damage may be taken up by any person, and, if the owner cannot be found, or if found shall refuse to pay all costs and damage, said animal may be taken forth- with to the city pound and dell**p,,ed to the keeper thereof, and may be held and sold as provided in section T of this chapter, unless previously redeemed. Section 15. It shall be unlawful for any person other than the City Poundkeeper to take up an animal, under the provisions 6 s of this chapter, and retain it more than twenty-four (24) hours. Section 16. It shall he unlawful for any person to take his own animal or that of any other person out of the custody of a per- son holding the same for damages done by it, or out of the City Pound by stealth or by force; and it shall be unlawful'for any per:. son to interrupt or hinder any one while in the discharge of his duty, under the provisions of this chapter. Section 17. It shall be unlawful for any person to maliciously or mischievously secrete or impound the animal of another, or to maliciously or mischievously aid or abet therein. Section 18. Any person violating any of the provisions of Sections 15, 16 and 17 shall be deemed guilty of a misdemeanor, and. -5- upon conviction thereof, shall be liable of a fine not to exceed one hundred ($100.00) dollars, or to imprisonment in the City Jail not to exceed one hundred (100) days. Section 19. The Poundkeep r, for impounding and posting up notices shall collect and cover into the City Treasury fees for his services as follows: One ($1.00) dollar per head for horses, mules or cattle, and twenty-five (90.25) cents .fo4/calves, goats, sheep k and swine; frvfeeding animals, fifty ($0.'50)f,cena pert day for horse: y mules and cattle, and twenty-five ($0.25) cents per day foc calves, t r,' goats, sheep and swine. i. -. Fees for advertising and sale shall be £ (/ /f/each for horses, mules and cattle, and "v 7 O„fid for .goats, sheep, calves and swine. ... 4 Section 20. It shall he the duty of the City Poundkseper to make a monthly sworn statement of the business transacted by him in connection with the City Pound, showing in detail all animals received, sold, advertised or handled by him, together with a detail:d sworn statement of all moneys expended and received by him. Section 21. It shall be the duty of the City Poundkeoper to turn into the City Treasury at the end of each month all net pro- ceeds in moneys received by him by virtue of said office. Section 22. The City Poundkeoper shall furnish a bond in the sum of five thousand ($5000.00) dollars with sureties, to be approve. by the Mayor, conditioned for the faithful discharge of his duties and the prompt and full payment of all moneys coming into his possession. SECTION 2. 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