Loading...
69O R D I N A N C E N 0. 69. AN ORDINANCE PROHIBITING THE RUNNING A'P LARGE WITHIN THE LIIGITS OF THE TOWN OF EDGMTER, FLORIDA, OF HORSES, CATTLE, SWINE, SHEEP, GOATS, AUTHORIZING THE IMPOUNDING AND SALE THEREOF FOR THE PENALTIES IMPOSED BY THIS ORDINANCE, REGULATING THE COSTS, FEES AND EX- PENSES OF SAID IMPOUNDING AND SALE, AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS THEREOF. BE IT ORDAINED BY THE TWX COUNCIL OF THE TOWN OF EDGEWATER, FLORIDA. Section 1... It shall be unlawful for any person to suffer or permit his or her horses, cattle, swine, sheep or goats to run at large within the limits of the Town of Edgewater, Florida. Anyone violating the provisions of this Section shall be punished by a fine not exceeding twenty-five ($25.00) dollars, or by imprisonment not exceeding thirty (30) days, or both, as the Mayor may determine. Section 2. Each and every one of said animals so found running at large shall be deemed a public or common nuisance, and it shall be the duty of the Town Marshall of the Town of 4dgewater, Florida, either upon his own view, or upon the complaint to him in writing of any citizen of said Town, to seize and impound every one of said animals so found running at large. And immediately after impounding such animal the Marshall shall lodge information with the Mayor of said Town against the owner of said animal, if such owner shall be known, and the said Mayor shall at once cause notice i to be served on such owner, if known, that such animal has been seized and impounded, and that the owner will be accorded a hearing before the said Mayor at an hour fixed, if the said owner shall desire such hearing. And if at such hearing, the Mayor shall find that such animal was running at large within the limits of said Town, he shall condemn the same as a public or common nuisance. I£ the owner of such animal be not known the Mayor shall, upon information that such animal has been v' impounded, at once proceed against the animal itseld and, if upon hearing, it be found that such animal was running at large within the limits of said Town, it shall be condemned as a public or common nuisance. Section -A. If the owner of the animal con- demned shall not, after said hearing, pay the fine imposed under the provisions of Section 11 hereof, the Marshall shall at once proceed to give bublic notice by posting not less than four written or printed hand bills in four public places in said Town, one of which shall be in front of the V. I. A. Hall, setting forth the seizure, impounding of said animal, the description thereof, and that the animal will be sold at public sale at a time and place in said Town, which notice shall be posted four days before the sale, and if before the time fixed for said sale, the owner of the animal shall not pay the fine, costs and expenses herein provided, said animal shall be sold according to said notice, by said Marshall, who shall retain out of the proceeds of the sale the amount of said fine, costs and expenses and pay the same to the Town Clerk, and shall then pay the balance remaining if any to the owner of said animal, if known, and if the owner be not known, then said balance shall be likewise paid to said Tovvm Clerk. Said money so paid to the Town Clerk shall be by him deposited in the Treasury of said Town. ., Section 4. The person seizing and impounding said animal shall receive the sum of one dollar for each and every animal so seized and impounded; the Mayor shall receive the sum of two dollars ($2.00) for each information or notice and condemnation proceeding, and the Marshall shall receive the sum of two dollars..($2.00) — for each advertisement and sale or the sum of one (91,001 douAr for each advertisement without sale; the person keeping the animal from the time of its seizure to the time of its sale or redemption shall receive the sum of txearHiv_e;;($0.25)cents for each day or part of a day in which said animal is kept by him; the Marshall shall likewise receive fifty (0.50) cents for serving the notice herein provided upon the owner 66 said animal. All the above fees shall form the costs above referred to, and shall be paid by the owner, or retained out of the proceeds of the sale, and shall after being paid into the Town Treasury be disbursed upon order as all other bills against said town are paid. Section 5. If any person shall interfere with, or shall attempt to interfere with, any officer endeavoring to seize or impound any of the above named animals found running at large within the limits of said Town, or if any person shall rescue, attempt to rescue such animal after it has been impounded, every such person shall be liable to a fine of not more than twenty-five ($25.00) dollars, or imprisonment for not more than thirty (30; days , or both, as the Mayor may determine. Section 6. It shall be lawful for any person, in addition to the Marshall,to seize and impound any of the animals above mentioned found running at large within the limits of the Town of Edgewater, provided, however, that the act of so seizing and impounding the said animal shall be reported to the said Marshall within twelve hours after the said animal has been so seized by said person making said seizure, wherempon the proceeding shall be had as provided in Section 2 hereof. Section 7. Until such time as a public pound shall be constructed and maintained by said Town of Adgewater, all animals seized under the provisions of this Ordinance may be placed by the Marshall in the care and custody of such person or persons as he may deem fit, or may be i retained in his own custody, pending hearing and disposal of said animal as herein provided, and the fee of twenty-fiva cents per day for keeping said animal as provided in Section 4 hereof shall be paid to the said Larshall or person so keeping said animal.V- Section S� All ordinances and parts of ordinances in conflidt herewith be and the same are hereby repealed. Section 9, This Ordinance shall on the day following its passage be posted for a period of five days in four public places in the Town of "dgewater, Florida, and shall take effect immediately upon its passage. This Ordinance was read a first time in full and passed by the unanimous vote of the Town Council of the Town of Ldgewater, Florida. Upon motion duly made, seconded and unanimously carried the requirement of reading this Ordin- ance upog second reading was waived, and this ordinance was ordered put upon its final passage. Passed upog final passage with the unanimous vote of the Town Council of the Town of Sdgewate-r, Florida, and approved as provided by law this 21st day of September, A. D. 1937, the vote of the Council being / r as follows: 6O_T 0 A2T26T: Mayor -Councilman. Jjf Covnc' nan - Town Clerk. o�uynci a . r Approved this �/�'/ day f Septejnber, 1937.