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O63-07EDALE ORDINANCE NO. 63-7 AN ORDINANCE FORBIDDING THE RUNNING AT LARGE OF HORSES, MULES, DONKEYS, CATTLE, SP, GOATS, HOGS, OR RELATED ANIMALS OF THE. EQUINE, VINE, OVINE, ANTELOPE OR SWINE FAMILIES; DECLARING SAME TO BE A NUISANCE; FORBIDDING Thh OWNER OR KEEPER OF ANY SUCH ANIMAL PERMITTING THE SATE TO GRAZE UPON OR BE UNATTENDED ON ANY PUBLIC S ' : :T OR THOROUGHFARE; ALL WITHIN CORPORATE LIMITS OF Tab CITY OF KENNEDALE, S; PROVIDING FOR THE IMPOUNDING OF SUCH ANIMALS, .IR EMPTION _AND/OR DISPOSAL; FIXING PENALTIES FOR ass VIOLATION k OF; CONTAINING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAIN rD BY CITY COUNCIL OF THE CITY OF ALE, m 1. It shall be unlawful for the owner or keeper of any horse, mule, donkey, cow, cattle, sheep, goat, hog, or any related animal of the equine, bovine, ovine, antelope or swine families, to permit the same to run at large within the corporate limits of the City of Kennedale, Texas. 2. The running at large of horses, mules, donkeys, cattle, sheep, goats, hogs, or related ani is of the equine, bovine, ovine, antelope or swine family, is hereby declared a nuisance. 3. It shall be unlawful for the owner or keeper of any ani 1 named in the two preceding sections of this ordinance to permit any such animal to graze upon or be unattended on any public street or thoroughfare within the corporate limits of the City of Kennedale, Texas, or to permit the same to graze or go upon any public or private property within the corporate limits of the City, except by permission of the owner or custodian of such private or public propery. 4. The City Council shall select and establish a place, either within or without the City of Kennedale, but in all events within Tarrant County, for impounding such ani is mentioned inthe preceding sections of this ordinance that are found running at large, or in or upon places and premises under circumstances forbidden by the terms of this ordinance. 5. The Kennedale Police Chief, or any police -n of the City of Kennedale, or any other person design~ted by the Kennedale Police Chief or the Kennedale City Council, shall take up and impound any animal mentioned in this ordinance found running at large within the corporate limits of the city of Kennedale, or any such animal found in or upon places or premises under cir- cumstances forbidden by this ordinance. 6. If any animal named in this ordinance is found upon the premises of any other person without permission, the owner or occupant of such premises shall have the right to confine such animal until he can notify the Police Chief or other designated officer of the City of Kennedale, and when so notified, such official shall cause such ani 1 to be impounded as herein provided. 7. The Clkief,.f r.1ice, or other person in charge of the Citio 1 keep a record giving the description of all animals impounded, the date of impounding, the date of redemption or sale or disposal of the animal, the amount realized upon any sale of such animal, and the name and address of the purchaser. 8. The owner of any animal impounded under the provisions of this ordinance may redeem the same as follows: (a) Before sale, by paying the expenses of impounding, keeping and advertising, if any, of such animal; or (b) After sale, by paying to the purchaser double the amount bid by him for such ani -1, together with his reasonable expenses for keeping the same, provided the owner so redeems such animal within thirty days after the date of sale, and otherwise, such animal shall become the absolute property of the purchaser, 9. The poundage fees referred to in the preceding section of this ordinance shall be as follows: For Impounding an Animal, Per Head $ 4.00 For Feed and Care of Animals _ per day, per had 1.50 For Preparing and Posting Notice of Sale, Per head - - - 1.00 For Newspaper Advertisement of Sale - The actual cost to the City of Kennedale of such advertisement, and if more than one animal is advertised in the same advertisement, the cost per head shall be divided equally among the animals therein named. 10. The Kennedale Police Chief, or any person designated by him or by the City Council, shall sell impounded animals at public auction for cash, after giving five days' public notice of the time, terms and place of sale, together with a description of the animals to be sold, by posting such notice at the Kennedale City Ball, at the Tarrant County Courthouse, and at one other public place within Tarrant County, Texas, -2- which notice shall state that the animal or animals therein described will be sold to defray costs if not reclaimed and costsraid before the day of sale. .Said official may also give notice by publishing an advertisement of said sale in the official paper of the City of Kennedale at least five days before the sale, and if the City Council shall hereafter so direct with respect to any animal or class of animals, such newspaper advertisement shall be mandatory, but otherwise it shall be optional with said official. 11. If any animal advertised for sale is not reclaimed by the day of sale, the Kennedale Police Chief or other official, as herein. provided, shall sell such animal at public auction at the place designated in the notice between the hours of 10:00 o'clock A.M. and 4:00 o'clock P.M. on such day, delivering said animal at public auction to the highest bidder for cash, and after deducting all expenses of sale, impounding and caring for such animal, shall return the balance of the proceeds, if any, to the owner of the ani 1. If no owner shall call for the animal or proceeds within thirty days from day of sale, such balance shall be paid into the City treasury, but if the owner shall apply to the City Council for said proceeds at anytime within six months from date of sale, upon satisfactory proof of his ownership, he shall be entitled to receive the balance paid into the treasury on account of such sale. 12. If any animal named inthis ordinance cannot be sold as herein provided, it shall be forthwith destroyed. 13. Any person violating any of the provisions of this ordinance shall be deemed guilty of a mis- demeanor, and upon conviction shall be fined in any sum not to exceed $200.00 for each and every offense. Each day that any violation of this ordinance con- tinues shall constitute a distinct and separate offense. 14. Every section of this ordinance, and each provision of every section, is hereby declared to be an individual section or provision, and the holding of any section, or any provision of any section, to be void, ineffective or unconstitutional for any cause whatsoever, shall not be deemed to affect any other section or provision of any section hereof. 15. This ordinance shall be in full force and effect immediately upon its passage and approval, and publication as by law provided. PASSED AND APPRO`t this 8th day of August, 1963. APPRO f1 k' `: or City of nneea e,Texas ll oo ,, -- k--i rrMMrr Ro 7e Town Secretary® (TOWN SEAL)