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Home My WebLink About03-08-1943 Regular Meetingi STATE OF ALA:3A1iA COTJ STY OF BAL[JWIN T'rie Town Council of the Town of Vairhope met in regular session at the 'Zoom Hall, L-Tonday, March 8, 1943 at 7:30 P.11. with the following members present: Hotrard huge, .ayor, 'councilmen: 11.0. Berglin, C.A. Gaston, H.P. naia er �-ti,u v.Go �Councilinan -)yson being absent. The minutes of the previous meeting were approved as read. The following bills were alloyed: Ffhope Coal & 3upply, Gen. $34.00 Ruffles, Gen. 16.46 Bidgood Ctat. Gen. 4.38 " " Elec. 8.41 Deis, -Drop Inn, Gen. 17.50 ITcKean Hd'we Co. 1.35 Rockviell's Store, Gen. 1.90 �).B. Smith Co. Gen. •82 Sherrill Oil Co, Gen. 40.00 T:ath. Al. t''orks, Inc. 9.45 F'hope Coal & Sup, 77 & S 1.12 1-Irine Snec. Co, L'lec. 16.32 '''ilder Ring---�.4ree Oil Co, :^lec. 94.88 a'i' & S 7.62 iairbanks, Morse & Co, Cf1ec. 819.74 Klumpp 1r?ot. %o,, Bloc. 3.28 Li. 'ix. & 'mil. Sup, Elec. 70.56 J.I. Pitman & Co, Elec. .76 Y'hope Courier, W & S 15.00 " it Elec. 15.00 �+ to Gen. 26.76 F'hope Coal & Sup, _tUec. 4.29 Gaston !,iot. Gen. 14.19 Alec. 5.25 fuel Oil & Sup, Elec. 1118.48 Payroll for month of Feb. 1943 Ho7ard Ruge, L-Tayor Elec. 75.00 VT & S 25.00 Gen. 50.00 Fvalyn 8. Porter, Gen. 96.80 R.C. Yohn, Gen. 1513.75 J.H. Titug, Gen. 145.20 J.H. Arnold, Gen. 110.00 Geo. C. Dyson, VT & S 152.40-` J.P. Bailey, Flec. 152.40 Raymond 3tarleton, Elea. 15-2.40 t pra twin %Tichols, Elec. 139.15 Frank McKenzie, Ble c. 108.90 .�. Sv;ift, Gen. 81.67 Beebe, Gen. 50.00 Councilmen: ",L.0. Berglin, Gen. 4.00 C.A. Gaston to 4.00 H.P. Kamner " 4.00 J.O. Stimnson " 4.00 Roads $486.35 7Electric 94.23 �Yater & Sdiver 54.80 Payroll continued: Donations: Organic School Alec. $28.83 W & S 4.80 Public School Elec. 24.50 71 & S 12.85 Pu'olic Library 13lec. 1.11 "`rater & S 2.00 Country club Blec. 1.11 Red Jrocs Room ? 1ec. 2.86 Td & S 2.00 Wharf Lights al= c. 14.55 iscl ulec. 3.39 W & S 3.50 Comnings -Hall Elec. 12.58 It was moved by Councilman M.O. Berglin and seconded by Councilman H.P. tLamper that the application of J3. 3. Gooden for building per- mit be allovied. otion carried. The following ordinance was presented by Councilman '111.0. Berglin, read in full by the Clerk and considered by the council. I'he said ordinance being as follows; o � �IrT I'G N0. B A IT O"RL A �. 7:71 J. �) Ar' 1,11 �1 �l � � C ()1.f �.,'',,J IT 01T TILT-] T(.) l! O + IR=O1?1<;, ALA"113'A, AS FO :5 "'C "IO1 L. Definitions. The terra "livestock or lani- inal" v.7here it occurs in t'-is ordinance sha' 1 be l old to be limited to and refer to Borges, mares, raules, Jacks, 'ennies, colts, cords, c?�lveS, yearlings, ')Ul1S, oxen, sh'ep, ,,oats, laaT:)s, =1C1S, hogs, sl-oats and 2oiLS. SECTION 2. Unlarful for stock to r n at lar_e, on public propert On and after 1 dr)y of ,1943 it shall be un- lay.ful for the owner of any liv �stocrc or an_ al, as herein defined, to -,rolunt, rily, neglic'ently, or c%ilfully permit any such livestock or ani_%lal to o at large in the Town of Fairl_ope ,;_the! upon the premises of anoth ,r or upon the ru;olic lands, lhi -A1,1'a;,i-s, alleys or streets in the Toi^n of Fairhobe. SECTION 3. Ov:ner liable for dama:�e done "a 7" stock running at large; the o-uner of such liv,:stock or animal being or r 1nnin,!_; at la ,-e upon the premises of anoth r or upon the nu}olic lands, alle; s, hi��;hvaays or streets in the To�,m of Fairrimpe shall be lia-)le for all dar:la,es done to crops, shade or fruit trees or ornen7ental shrubs and floviers of any person, to be recovered before any court of competent juri -iict on; an,1 the judgment of the court ao'ainst the oi7ner o"" such livestock or animalso depredatinf- shall be a lien superior to all oth liens on the livestock or enimal causing the injury, excerot as to taxes. Milt,CTION 4. Stock found at la cre to be seized. Any member of the state hig'hlFralr patrol, the sh,�riff an'_ his deruties of _9aldwin coi.inty, or the consta':.le of t:�is nxecinct or any law enforcement officer of -.his municipality shall take -)o�;session of �.ny livestociE or ani-lal found at lame upon the premises of another or upon the public lands, alleys, hiF�hy,'ays or streets in the To`.7n of fair lope, --,nd t,.'"i.en so taken up the oirner of s.ich livestock or anirral sha.:_1 1�e notified personally, or th; o,mer may be notified ,ov lee'vin, a t:ritten notice at the usual dace of res'dence of such owner, within ttjrentr four hours after takin;up such livestock of animal. SECTION 5. Owners may secure stock taken up upon payient of f : es. The oven-�r o:_' th livestock or animal sha. 11. have the ris_7ht to secure sucrl livestock or. anir�ia.l upon the payment of a fee of one dollar for each !lead of livestock or a.nirnial to-eri up to the officer taking up such livestoci: or anirial upon the public lands, hithcvay s, streets or alleys in the To,,,.,n of Fa,irhop� , toget i-=r ti�iith such derma ss if any, as -.,ay :,4.ve been suffered by any person, and together also vaith t he actual cost of feedir4� slAch animal during the period ilel,_. by such officer . f th=re have been no proc eding s in court. U?pon suci-i payment being made the fee of one dollar for taking up the , anir,,al shall be paid to the o.'fice- making the seizure, and the amount collected as damages ani_ the actual cost of feeding the ani..ial shall be maid over .to the person damaged and to the person at vahose expense such anirial vaas ed during thA period .of retention. Provided, how.=ever, that f or any seizure, if more t'}an one ani-rial be taken up, an additional fee ofone.°dollar- sha' l be aerial for each such a ditional "!lead of live- stock or ani��Lal so ta.:_en up, but no f,�e shall be. -oaid over and above fifty dolla-s, notvithstanding the number of animals so taken upi Provided, the mayor at his discretion, in any particular case, riay tax a smaller fee, when in his judgment the ends of justice demand. fd S- Cli' 01.� a. Owner of 2ermises may, tale up stock at_la --:e thereon;proceJure. Any person va :o is theovrner of , or in th law- ful possession n any land, or the agent of a:n✓. such person, shall %lave the ri.,,ht to take possession of any livestock or a niraal f >u,id �i t large, uncontro 1-1, on =pis premises, or on nre-.ises of v;: :4c'ri he has charge, and r1nen so to ;en up the owner of such livestock or animal shall be personally notified or, if the o--!ner cannot be found, the o7vner may oe notifiedz ,'oy leaving a varitt�in notice at the usual place of residence of such oviner, within twenty-four hours -!fter thc: taking up of liv�stocl: or a-fiir-�al, a li. by -osting notice as herein pro- vi ied. Anyt-; in in this ordinance to t-ae c;) 1trary notwithstanding tlje k�,ord "uncontrolled" as used herein shall in no case be construed to -prohibit the drivin,, of any animal, or stock, over, upon, or along the T)ublic streets, alleys and highvaw s of this town, by the owner thereof, or his duly autho.:,i zed agent. SECTION 7. Officert s statement There oviner unknov.n or out of town If the vlvner of any livestock or animal found at la---ge and uncontrolled on th. )remises of another, or upon th= public lands, highways, alleys or streets in the Torn of Fairho-e be unknown, or, if the owner "oe l nv.!on ')ut have no nl<<ce of residence vlithin the tovm 77 ere the livestock or animal be taken up, or cannot e 1�_;ated, the officer or -person taking up the livestock or animal shall within two days after so taking up, file a statement . in wrttin;- .- ith the clerk of the mayor's or recorderrs court, and such statement shall set forth; the name and address of the person t<akinE, up the livestock or animal or , if an officer, the name, address, and official designation of the officer taking up the livestock or animal; a riescription of the livestock or animal as to kind, sex, r_na ks, brand, color and a_�parent age, where ta...;en up, and wh--ire it is impounded; the amou.it of damage claimed; the amount of charges claimed for taking up and caring for the,/ livestock or animals; and, if the livestock or animal be tc: r-�n u OY--1 an officer, the amount o.' such officerts fee anl. the cost of feeding and caring for such livestock or animal during such detention. SECTION 3. Notibe; hearing; §ale. of unclai-red stock. The mayor's or recorder's court sha-1 give notice by postinc- in three public places in the town setting forth the fact of such taking up, the description of the livestock or animal, that the n-ner is un- knovrn, or, if i:no7in, that he ca-root `,e located, and notify any' oe-rson claiming to be the o?lner of such livestock oi, animal to a?)rjear before him at a place n� red not less than three days, nor rnr ore than six days from the date of such notice -and prove such claiia .of'- ov,,ners'riip; if such 1Derson a-onear au any ti,:ie, and the mayor or recorder, as the case may be, is satisfied that such person is the actual oviner of suhh livestock or animal, t len the mayor or recorder shall require the ovmer of the livestock or animal to nay the officer's f-e, to, ether vAlhr the cost of f edinr and (..sing for such animal, as herein provided, and the mayor's or recorderts costs, which in no case shall exc 3ed tvio dollars, and for all damages done to crops, shade or fruit tr � s or ornamental shrubs of any person, vjhich dar_lage shall be ascertained by the mayor or recorder, and after such ascertainment paid to the per- son damaged, or to the mayor or recorder, as the case may be, for the use of the person damaged, v..hereupon such livestock or anirial shall by delivered to such claimant. If no person clai ping to be thr� ov.ner a -�?ea.r on the day set for hearins-the mayor", or recorder shall x)roc red to as- certain and determine v1hether or not such livestock or animal vas un- laufu'ly at large upon the premises of another, or upon the public lands high=gays, alleys, or streets in the Town of Fairhope, and he s11 hal pro- ceed to inquire and ascertain the amount of such dar a�l-es and charges , and if he shall ascertain a:Ad determine that such livestock or anilrials were unlaidully at large on the 7)reriises of another, or on the public lands, hi ; i.,,,ays, allesy or streets in the Town of Fairliope, he shall male and enter on his (locket an order in substance: "It a.!)pea-r. ing on complaint of A -B ( o any .ic.r:lber of the state highvray patrol or sher- iff or his deputies, constable of any precinct ar the law enforce- ment officer of the --municipality that a cow ( or hog or other animal as the case may be) vaas unlavrfiilly on the i�remises or land o:1 A '3 ( or C D, as the case may be, or upon the pu')lic la -ids, highways, alleys or streets in the Town of Fairhop-e, as the case rziay be and that the owner thereof is unknoxn, and that the said ani.ial has dama - ed ti.re crop or shade or fruit trees or ornamental shrubbery of A B, (or C D, as the case may be; to the amount of , it is hereby order- ed and ad judf,ed that the said A B (or such r_ie,!i )e-- of the state high- way patrol or s-;cri sheriff or his deputy, constable or law enforee- inent officer of the rn�tnicipality, as tie case hay be) is entitled to for takinP up and for caring for said animal, and that the said animal be sold for the satisfaction thereof, together with costs of court." SECTION 9. Stock taken up not unlawfully at large. If on the trial of any suit or rroc"eedints broug'it hereunder it is ascer4 tained anJ adjudged by the mayor or recorder that the livestock or an- ir-al taken up by the party co;-iplainint; Baas riot unlawfully at large upon the premises of a,noth-ar of upon the public lands, highways, alleys or streets in tine Town of Fairhope, he shall render a judgment direct- ing that such livestock or animal be discharged and taxing the party complaining with all the costs. S71CTION 10. Officer entitled to -o-ssession until Judgment; costs; etc. The person -or officer taking up such livestock or animal shall be entitled to -possession th -ireof until the judgment which may be recovered as herein provided is paid, together with the costs of the s?me and the cost of keeping an1 caring fo-n such livestock or an-. imal after such ,judgment, or until th-} same is sold under execution to satisfy s-i,i judgment, provided, that th.e cost of k-ieping and caring for such livestock or animal under s� ch circumstances shall be upon the same basis as that previously determined as a-oroper charge for the maintenance of.. such livestock or animal prior to the enterin-' of such judgment, SECTION 11. Compensation ':there stock kept in nound. If a mu licipal livestock or animal pound is maintained any person or officer seizing any livestock or animal may deliver such livestock or animal so seized to the -poundkeeper for safekeeping and the municipality shall be refunded any amo,ints -which may be exn_ ended for k :eping and feeding any livestock or animal, as provided in this ordinance. SEC LIO d 12. Trial; damages; bond; etc. The ovmer of any livestock or anirzal v,,-'. ich has been seized shall have the ri-:ht to possession - f the sa.:1e by nayin„r such judgment and the costs th ereof, or, if no judgment has been entered, by ,,?aying such damages as may be agreed upon together with fees and ,osts and expenses due on account of such seizure to the person or of:.'ice.:- so seizing such livestock or animal, or to the person v,ho may at the time of s-_.ch Y)ayment have sucn livestock or ani lal in his posses ion, and by paying to to ;court the costs of the court incurred to the time of such payment; but should the parties be una'Ile to agree upon the amount of damages, fees, costs, and expenses due, either party shall have the right to go before the mayor or recorder of the municipality, a.s the case maybe, and nave the issue tried after first giving the opposite party one days notice thereof on the da r following or as soon th ,reafter as may be practicable on a written statementor complaint setting forth in substance the facts of such seizure; and said issue sha.1.1 involve the validity of such seizure.and the amount of dRmages, fees, costs and expenses under the provisions of this ord:inancean� the judgment of the said mayor, or re- corder small have all the force and effect of a judgment in any oth3r case at law an:! )e e-secuted in the same mariner as any other judgment of the mayor's or recorder's court is enforced. W.Yien the o. ner of such livestock or animal so taken up gives bond in double value of the same ppyable to the person so ta:ing up said property and approved by the Mayor, or recorder be. -Fore whom the proceedings are pending, conditioned to deliver such property to the conor other legal officer hav- ing the right of execution or order of sale within_ five days after such judgment to satisfy such judgment as to damages and costs, such livestock or animal shall "oe released to the o`rner. If upon the trial it is shown that the owner of said livestock or animal tendered to plaintiff fu 1 anf 'air compensation for dartiages before suit and pays the snrne into court, then the suit shall be dismissed at cost of plain- tiff. On the trial of such issues the party takin- up such livestock or animal shall be the plaintiff in the action. If such livestock or ani mal be taken up upon the rublic lands, higheays, alleys or streets in the Town of Fairhope by any ,number of the state high*ay patrol, or by the sheriff of any county or the con table of any-recinet or by the law enforcement officer of any municipality, such livestock or an- imal shall be released to its owner upon the ;payment of the fee of one dollar to the officer ta-,ing up such animal, or the a?ditional fee as provided in Section 5 of this ordinance, together with damages, if any, suffered by any person, xillich shall be paid to such-)erson, and the actual cost of feeding such livestock or animal doting t?e p-.riod held by such officer, or by any rerson acting in behalf of himself or under the direction of such officer. At the time of delivering such livestock or animal to the owner, the other shall be furnished with an itemized account of the damage done, if any, and of the cost of keeping such livestock or animal durin,r such detention and a duplicate o.L s-ach state- -gent and a staterient of the amount collected shall be retained by the officer to whom pay ent is made. Prcvided, however, that the amount for keeping and feeding shall not exc,�ed the actual cost of feeding and caring for such livestock or animal, and in no case in excess of $1.00 per day per head. In case the owner is unknovm, or, if known, such owner cannot be located, the mayor or recorder shall determine the validity of the seizure and the amount of damages, flees, costs and expenses un- der the provisions of this adinance from such evidence as shall be adduced before him. The fees and costs of the mayor or recorder and the officer making the seizure on such trials shall be the same as t`ie fees of such officers in other trials in a mayor's or recorder's court for like ser- vices. From any judVrnnnt r..enlered by the mayor or recorder under the provisions of this finance an a —peal may be taken to the circuit or other court of like jurisdiction in such co,lnty within five days from the ren- dition of wich judgemt in the same manner as ani)eals are taken from judgments of the mayor's or recorder's courts in other cases. a',CTIOTT 13:. Order of sale; fees; etc. If the ot;rner or his agent shall not, whan he has ,:made no bond, reclaim his livestock or an- imal iTit:r_in twenty-four hours after the mayor or recorder shall have ascertained such damages, then the mayor or recorder shall order the same sold by a consta')le of the precinct or by some one appointed to act as such or by the sheriff or his deputy or by the law enf orcei,ient officer of a municipality; and such officer, upon the making of such order, shall sell the sa7�1e upon giving five dayst notice of such sale by publication one time in a newspaper published in the town, said notice to contain a brief description of the livestock or animal to be sold, and the time and place of sale, and out of the proceeds pay the costs and expenses and damages due the plaintiff, and the e_penses of taking up, keeping, and caring for such livestock or animal and the balance must ')e paid to the owner of such livestock or ani-ial, if knoi.n, and if not known, then into the treasury of the muriic:Lpality. The officer making the sale shall be entitled to one dollar for making such sale and posting the notices. The mayor or recorder of the municipal court shall tax as a part of the costs for any such proceeding a fae of fifty cents and an additional charge of one dollar shall r)e made for the services of the clerk or other officer for making such s le and posting t1le notices, which such additional items of cost shall b�-� paid into the municipal treasury. S7,CTIO11 14. Disnosition offees. The fees provided in this ordinance,-4hether for the o-5ficers or for the mayor's or recorder's court shall ivhen collected be covered into the municipal treasury. ST]CTION 15. If any section or provision of this ordinance shall be held to be invalid, and.sufficient of this ordinance shall remain to effect the -ournose of this ordinance, it shall not invalidate the w1hole ordinance but such remaining sections and portions shall be and remain in full force and effect. C'EMION 16. Any and a. 1 other stock late ordinances now in force in the Town of Fairhope shall bs and remain in force hereafter save and except only such stock law ordinances or portions thereof as shall be in conflict herewith and :such conflicting_ stock law ordinance shall remain in force until this ordinance s'nall become operative. Attes It was moved by Uouncilria.n J.O. 3timpson and seconded by Councilman H.P. Kamper that all rules and regulations of the Statutas of the Toun Council of the Tojrn of Fairhone which miffrit prevent, .unless suspended, the imr�lediate consideration and final passa�'e and adoption of said ordinance at this meeting be4W suspended. The question being put upon tie adoption of said motion and suspension of the said rules and regulations, t 1-a roll ergs called with the follow. ing results: Voting Aye: Howard Ruge, --ayor, 7'.0. 3er,glin, Gaston, II.P. Kamper and J.C. Stimnson, Councilmen/ Voting ,Tay: None 'Iayor declared the motion carried. Councilman '..0. :3erglin tlierefore moved t',�.t tie said ordinance be finally passed and be adopted as intcroduced. klauncilman ;.A. Gaston seconded the motion. The question being putupon the final nassage and adoption of said Ordinance, the roll ,!as calla-d with the following results: Voting Aye: Howard atuge, .ayor, u.0. 3erglin, A. Gaston, E.P. lZariper and J.O. Ctim-oson, councilmen. Voti>-:g Ilay: done Thereupon, the - .ayor declared said iao ti on carried and t'-ie Ordinance finally passed and adopted. the 'i_ayor therew)on aigned said Ordinance in approval of the same. It ,vas duly moved and seconded that the meeting adjourn. `otion carried. J7 ,attest• Approved: