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O 003 ORDINANCE NO. 3 CITY OF ARROYO GRANDE, CALIFORNIA AN ORDINANCE CREATING A PUBLIC POUND,PROVlDING FOR THE IMPOUNDING OF ANIMALS, CARING FOR THEM, COLLECTING FEES, AND DISPOS ING OF AND DESTROYING THE ANIMALS, AND RULES FOR THE MANAGEMENT AND GOVERNMENT OF THE POUND AND THE BUSINESS CONNECTED THEREWITH. The Board of Trustees of the City of Arroyo Grande do ordain as follows: SECTION 1. A public pound is hereby established in the City of Arroyo Grande, to be located on such lots within said City as the Board of Trustees shall from time to time by resolution entered on their minutes name and declare to be a Public Pound. SECTION 2. The Board of Trustees of the City of Arroyo Grande shall appoint some suitable person as pound-keeper in and for said City, who shall hold office during their pleasure, whose duty it shall be to take up and receive into said pound all animals (except dogs for which tags have been purchased) found running at large upon any public street, alley, or square of grounds of said City, or which shall be staked, fastened or under the control of the owner thereof, his or her servant, or any other person upon any public street, alley, square or ground for the purpose of grazing or otherwise. SECTION 3. That nothing in this ordinance shall be so construed as to prevent the free use of any public street for the purpose for whihh it was dedicated and providing that the ~astening of animals to a public hitching pool in such a manner as to control them within a radius of four feet therefrom, shall not be deemed a breach of any of the provisions of this ordinance. SECTION 4. The pound-keeper shall keep a ~rue and correct record of the number, and a carefully prepared description of all animals taken into his custody, with the date and manner of their disposal and shall keep conspicuously posted at the entrance of the pound a list of all animals. therein detained. He shall also provide and give, at all proper times, all necessary subsistence for all animals in his custody. SECTION 5. It is hereby made the duty of the pound-keeper to notify the owner of the party having control (if known to him) of any animal impounded within twelve hours after impounding the same, and if such animal be not redeemed within forty-eight hours after being impounded the pound-keeper shall make and file a complaint with the City RQcorder, Ordinance No. 3 - Page 2 charging the owner or owners of the same when known, and when in the charge, control, or under the management of a person or persons other than the owner or owners, then the person or persons so having the charge, control, or management of such animals, when known, with a misdemeanor and in all such cases of arrest and conviction the fine shall include in addition to the ordinary costs of such arrest and triat the fees of the pound-keeper for impounding and keeping of such animal or animals. SECTION 6. All animals (except dogs) taken into the possession of the pound-keeper, if not reclaimed within forty-eight hours there- after, shall be advertised by posting in three public places in said City and on the gate of said pound; said advertisement shall contain that the animal or animals described therein will be sold at the expiration of three days from and after the date of said advertisement, unlesscosts and expenses are paid and the animals reclaimed by or before the date fixed for the sale. SECTION 7. At the expiration of three days from the date of the advertisement mentioned in Section 6 of this ordinance, and at the hour therein fixed for sale, the pound-keeper shall sell at public auction to the highest and best bidder, for cost down, in lawful money of the United States of America, at the time and place designated in such advertisement, all animals so advertised (and not redeemed at the time of the sale~ and out of the proceeds of such sale, pay his proper fees and charges and any balance of the proceeds of such sale of animal or animals remaining after payment of such fees and charges shall be paid into the City Treasury to the credit of the General Fund as soon as collected, provided that the owner or owners of such impounded animals so sold as aforesaid may redeem osuch animal or animals at any time within six months after such sale, by producing satisfactory proof of his or her right thereto and by paying to the purchaser the amount of the purchase money with five per cent added thereto together with the necessary expense incurred by said purchaser in keeping said animal or animals. Ordinance No.3, - Page 3 SECTION 8. The charges on every animal impounded shall be as follows: for every horse, mule, mare, ass, bull or cow one dollar and 50 cents per day for keeping! one dollar additional if adver- tised, five per cent commission if sold. For every colt-yearling or calf, sheep, goat, or hog, fifty cents and for keeping twenty-five cents per day! twenty-five cents additional if advertised and five per cent commission if sold. Provided that if in the event of ten or more animals belonging to one person or firm are impounded at one time, then the charges for all above that number shall be one half of that specified above. The fees and charges in this section provided for shall be payment in full for services rendered byh the pound-keeper, and he shall . not under any circumstances have a claim for compensation against the City of Arroyo Grande. SECTION 9. The owner or person entitled to the control of any animal or animals impounded may, by paying to the pound-master all proper fees and charges thereon, made by virtue of any of the provisions of this ordinance redeem all such animals before the sale or other disposition thereof. SECTION 10. Upon making any sale under the provisions of this ordinance, the pound-keeper shall give the purchaser a certificate of sale containing a description of the property sold, together with any marks or brands thereon, and the amount paid and a recita- tion therein that the same is subject to redemption with six months, and shall keep an entry in a register to be kept for the purpose a description of the animal or animals sold together with all marks and brands thereon visible, the amount paid for the property sold, the name of the purchaser, with a statement of the costs and charges against the animal or animals sold, and he shall number the entry of such animal on said register if at any time within six months, if after any sale of any animal or animals under the ordinance any person shall prove that he or she was the owner of the animal or animals sold, the board of trustees shall allow a claim in favor or such person, payable out of the General Fund, for the amount for all above that number shall be one half of that specltlea auuve. The fees and charges in this section provided for shall be payment in full for services rendered byh the pound-keeper, and he shall . not under any circumstances have a claim for compensation against the City of Arroyo Grande. SECTION 9. The owner or person entitled to the control of any animal or animals impounded may, by paying to the pound-master all proper fees and charges thereon, made by virtue of any of the provisions of this ordinance redeem all such animals before the sale or other disposition thereof. SECTION 10. Upon making any sale under the provisions of this ordinance, the pound-keeper shall give the purchaser a certificate of sale containing a description of the property sold, together with any marks or brands thereon, and the amount paid and a recita- tion therein that the same is subject to redemption with six months, and shall keep an entry in a register to be kept for the purpose a description of the animal or animals sold together with all marks and brands thereon visible, the amount paid for the property sold, the name of the purchaser, with a statement of the costs and charges against the animal or animals sold, and he shall number the entry of such animal on said register if at any time within six months, if after any sale of any animal or animals under the ordinance any person shall prove that he or she was the owner of the animal or animals sold, the board of trustees shall allow a claim in favor or such person, payable out of the General Fund, for the amount it shall vest in the City O.L ftUv'y~ ~_,. SECTION ll. No person residing in the City of Arroyo Grande and owning or having control, charge or care of any dog, male or female, shall allow the same to be upon any street, alley or public square within the limits of said City of Arroyo Grande except under the following restrictions: every dog, male or female, shall have around their neck a collar of metal or leather, attached to which there shall be a metal tag with a number marked thereon, or caused to be marked thereon by the Board of Trustees of the City of Arroyo Grande, as hereinafter provided and no person shall imitate or counterfeit such plates and tags nor use the same when imitated or counterfeited. SECTION 12. The Board of Trustees must procure, or cause to be procur~dt annually and deliver or cause the same to be delivered to the Marshal and charge him therewith. It shall be the duty of the Marshal after receiving such dog tags, to annually collect from the owner or owners of any and all dogs, male or female, residing in the City of Arroyo Grande (in advance) the sum of one dollar for all male dogs and the sum of two dollars for all female dogs and then and there deliver to the owner of such male or female dog or dogs a tag, containing thereon designated by the Board of Trustees of the City of Arroyo Grande, stamped with the words and figures April 1st and the number of the year in which tags are to be used, which shall be good and be a receipt against all other payments on the same dog for the period of one year from and after thd date thereon contained and the Marshal shall pay into the Treasury of the City of Arroyo Grande, as fast as collected, all such moneys. The Marshal shall keep a record of the name of every person to whom he sells any such tag; how many he let anyone person have; the kind of dog it was to be used upon; and the time when the sale and delivery was made. , ~-._- -~.... _..~ _~~"U~~... ~"'L...uL.llI...nCe OJ: n~s duties as pound-keeper, with two sureties to the satisfaction of the President of the Board of Trustees which bond when approved shall be filed with the City Clerk. SECTION 17. No person shall resist, obstruct, or prevent the pound- keeper, or any deputies or assistants, in the exercise of his or their duties or attempt to or take, release, or cause to be taken or released any animals put in the pound, except in the manner herein provided. SECTION 18. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be punished by a fine not esceeding three hundred dollars or im~risonment in the City Jaul not exceeding ninety days. SECTION 19. All ordinances and parts of ordinances in conflict with this ordinance or upon the same subject are hereby repealed. SECTION 20. This ordinance shall take effect and be in force from and after its passage, approval and publication. Passed and adopted this 23rd day of August, 1911 by the following roll callI AYES 1 Alexander, Gilliam, Henry, Grieb, Bennett NOES: None F. E. Bennett, President of the Board of Trustees of the City of Arroyo Grande. (Seal) Attest B. F. Ste.wart Clerk of the City of Arroyo Grande , . __.~__~____ .___n._._.-... .. Ordinance No. 3 - Page 7 I, B. F. Stewart:, Clerk of the City of Arroyo Grande, do hereby certify that the foregoing ordinance was introduced and read at a regular meeting of the said Board of Trustees of the City of Arroyo Grande held on the 16th day of August, 1911 and was passed at a regular meeting held on the 30th day of August, 1911, by the following vote on roll call. AYES: Alexander, Gilliam, Henry, Grieb, Bennett NOES: None. Said ordinance was then and there signed by the President of taid Board of Trustees and attested by the Clerk of said City. In witness whereof, I have hereunto set my hand and affixed the seal of said City of Arroyo Grande this 30th day of August, 1911. B. F. Stewart (Seal) Clerk of the City of Arroyo Grande "--~--- -_.._~------~--~- ---.---