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Ord 120-34 AN ORDINANCE TO PROVIDE FOR THE ~0UNDING OF LIlr£ STOCK AND OTHER ANI~S F0~D RUNNING AT LARGE WITHIN THE CITY, AND TO PROVIDE FURT~R FOR ~ PENALTY AI~D TRIAL OF SA2,~E. SECTION 1. No dog, cow, ox, bull, horse, mule, ass, hog, sheep, goat, duck, chicken or other live-stock, animal or fowl shall be allowed to run at large within the limits of this city, the City of Delray Beach, Florida. SECTION 2. Any person owning or having under his possession or control any animal or fowl mentioned in the preceding Section, whether such persons reside within or without the city limits, who shall allow said animal or fowl to run at large within the city, shall be fined not more than ten dollars, or imprisoned not more than ten days, or shall be both fined and imprisoned. SECTION ~. It shall be the duty of the Chief of Police and all other police officers of this city, to take charge of any such stock, animal or fowl running at large wit bin the city, drive the same to the public pound and confine said stock, animal or fowl therein. If said stock, animal or fowl is not released within five days, as hereinafter provide~, it shall be the duty of said officer to sell such stock, animal or fowl at public out- cry. Notices stating the time and place of such sale and giving a description of the stock, animal or fowl, shall be postee by the~ officer in five conspicuous places in this city, for five days prior to said sale. The proceeds of said sale shall be ~irst ~applied to paying the costs of impounding the stock, animal or fowl, and selling the same, and any excess that may have been received over the costs shall be returned to the owner or person having had. legal possession at the time the same was impounded. In ~ case no such person can.be found within one year, such excess shall be covered into the city treasury as an escheat. SECTION &. It shall be the duty of every officer taking charge of stock, animals or fowl as provided in the preceding section, to serve a notice upon the owner or person having had legal possession of said stock, animal or fowl at the time the same was impounded, if such owner or person can be ascertained, stating that certain stock, animals or fowl (fully describing the same) has been found run~ning at large within the limits of this city; that said stock, animal or fowl has been impounded a~ is in the public pound of this city; that said stock, animal or fowl will be released upon the payment of the accrued costs; and that if not re~eased within five aayz said stock, animal or fowl will be sold as provided in this ordinance. SECTION 8. The owner or person having had possession of said stock, animal or fowl at the time the same was impour~ed, may at any time prior to the sale thereof, demand a trial in the ~unicipal Court of the question of fact whether said stock, ani- mal or fowl was running at large within the city limits at the time the same was taken in charge by the office~~, then the person demanding said trial shall pay all costs of said trial. If the ~ Court shall so determine, then the costs shall be taxed against the city. SECTION 6 ~u officer taking a cow, ox, bull, horse, mule or ass in charge shall be allowed fifty cents a day for keeping the same, and twenty-five cents a day for keeping any other animal or fowl impounied under this oridnance. SECTION ?. That a special city pound shall be built and const~cted, in which pound all of the above described animals shall be placed in accordance with this ordinance, and after being empounded in said city pound for ten days, it shall be optional for the Nayor and Chief of Police to sell said impounded animals or to deliver and turnover to the ~nimal Rescue League at West Palm Beach, any or all of said animals, to be taken care of by said Animal Rescue League and disposed of acceding to law, PASSED by the City Council, of the City of Delray Beach, Florida, in regular session sitting, this~day of June, A. D. 19Z4. preSident of'Cob_ucil of City of Delray Beach,Fla. Attest: Cle~k~ City of Delray Sea'oh, Fla. PASSED ~D ~PP~D by the City Council, of ghe City of Delray Beach, Florida, in re~lar session sitting, this day of JulT, ~. D. 19Z~, on second reading. President 'o f" ~ ouhC il of City of ~elray Beach,Fla. Attest: Clerk, C~-t--y-~f Delray ~each, Fla.