Loading...
HomeMy WebLinkAboutO-166OR'DINAI.CF N0. 166 B'; IT ORDATIM RY T"Ir T077 CnU11C IL OF THIS T017N OF FA IRHOPV, , ALABAIIT'A, A5 F0'rT,O'.�'S t S-CTIOII Z. Definitions. .The terra "livestock" or lani- mal" cohere it occurs in this ordinance shall be held to be linited to and refer to horses, mares, ivaules# jacks, jennies, colts, cows, calves, yearlings, bulls, oxen, sheep, goats,.lambs, kids, hogs, shoats and pies. SECTION 2. Unlarful for stock to run at large on public property. 0n and after 1.5 dray of _Lrtrch 91943 t shall be un- lawful for the owner of any livestock or anima . as herein defined, to knowingly, voluntarily, negligently, or wilfully permit any such livestock or animal to go at large in the Town of Fairhope .either upon the premises of anoth r or upon the public lards, hif�hvrays, alleys or streets in the Town of Fairhope. S.-ICTION 3. Owner liable for damage done by stock running at large; the owner of such livestock or animal being or running at large upon the premises of another or upon the public lands, alleys# highways or streets in the Tovm of Fairhope shall be liable for all damages done to crops, shade or fruit trees or ornamental shrubs and flowers of any person, to be recovered before any court of competent jurisdict ` on; and the judgmnt of the court against the owner of such livestock or animal so depredating shall be a lion superior to all othe^ liens on the livestock or animal causing the injury, except as to taxes. S'?,CTION 4. Stock found at lame to be seized. Any member of the state highway patrol, the sheriff and his deputies of Baldwin county, or the constable of this Drecinet or any law enforcement officer of *his municipality shall take possession of any livestock or anirra.l found at large upon the premises of another or upon the public lands, alleys, highways or streets in the Town of I'airliope, and when so taken up the owner of mach livestock or animal sha _1 be notified personally, or the owner may be notified by leaving a. written notice at the usual place of residence of such owner, within trenty- four hours after taking up such livestock of animal. SrICTION 5. Owners may secure stock taken up upon Dayment of fees. The oc:ner of the livestock or animal sha 1 have the right to secure such livestock or animal upon the payment of a fee of one dollar for each head of livestock or animal talcen up to the officer taking up such livestock or animal upon the public lands, highways, streets or alleys in the Town of Fairhope, togethe# with such da.magws if any, an ay have been suffered by any person, and together also with the actual cost of feeding such animal during the period held by such officer f th ire have been no proceedings in court. Upon such payiaent being made the fee of one dollar for taking up the animal shall be paid to the officer making the seizure, and the amount collected as damages and the actual cost of feeding the animal shall be paid over to the person damaged and to the person at whose expense such anii.ial was fed during the period of retention. Provided, however, that for any seizure, if more than one animal be taken up, an additiDna.l fee of one dollar cha' l be paid for each such additional head, of live- stock or animml so ta.:-en up, but no fee shall be paid over and above f f ty dollars, notvithsta,nding the number of animals so taken up; Provid ,d, th2 nayor at his liscretion, in ?,ny - _trticul<ir case, i.a.y tax a, sna.11er -ee, ,'ien in his jul-rent the endi of justice deria.nd. f S ,CTIOfi 6. Owner of peomises may take up stock at large thereon; procedure. Any person who is theowner of , or in the law- ful possession of, any land, or the agent of nny= such person, shall have the right to take possession of any livestock or animal found at large, uncontro led, on his promises, or on pre rises of which he has charge, and when so taicen up the owner of such livestock or animal shall be personally notified or, if the owner cannot be found, the owner may be notified by leaving a written notice at the usual place of residence of such owner, within twenty-four hours after the taking up of Tach livestock or animal, and by posting notice as herein pro- vided. Anything in this ordinance to the co,itrary notwithstanding the word "uncontrolled" as used herein shall in no case be construed to prohibit the driving of any vmimal, or stock, over, upon, or along the public streets, alleys and highrays of this town, by the owner thereof, or his duly autho2ized agent. 'CTION 7. Officer's statement where owner unvnovin or oui of to7-m_y If the -owner of any livestock or animal found at large and uncontrolled on the premises of another, or upon the public lands, highr:ayss alleys or streets in the Town of BairhoTP be unknowns or, if the of-.ner be l:norn but have no place of residence within the town -mhere the livestock or animal be taken up, or cannot be 16cated, the officer or person taking up the livestock or animal shall within two d.ays after so taking up, file a statement in writing with the clerk of the mayor's or recorder's court, and such statement shall set f orths the name and address of the person taking up the livestock or animal or , if an officers the name, address, and official designation of the officer taking up the livestock or animal; a, description of the livestock or animal as to kind, sex, makks, brand, color and apparent nge, where taken up, and whore it is impounded; the aftount of damage claimed; the amount of charges claiiaed for taking up and caring for the livestock or animals; and, if the livestock or animal be taken up by an officer, the amount of such officer's fee an.1 the cost of feeding and caring* for such livestock or animal during such detention. 3--TC TION 8. Noti£e; pears sale of unclaimed stock. The mayor's or recorder's court shall give notice by posting; in three public places in the town setting forth the fact of such taking up, the description of the livestock or animals that the owner is un- known, or, if known, that he cannot be located, and notify any D erson claiming to be the owner of such livestock or animal to appear before him at a place ni-ed not less than three days, nor maore than six days froth the date mf Such notice and prove such claim of ownership; if such person annear at any time$, and the mayor or recorder, as the case may be, is satisfied that such person is the actual owner of suhh livestock or animals then the mayor or recorder shall require the owner of the livestock or animal to pay the officer's fie, tojceth-�r c,ilkh the cost of f-eding and caring for such animal$, as herein provided, and the mayor's or recorder's costs$, which in no ease shall exc-ied two dollars, and for all damages done to crops, shade or fruit trees or ornamental shrubs of any person, which damage shall be ascertained by the mayor or recorder, and after such ascertainment paid to the per- son damaged, or to the mayor or recorders as the case may be, for the use of the person damaged, r:hereupon such livestock or animal shall be delivered to such claimRnt. If no person claiming; to be the owner a -pear on the day net for hearing the mayor, or recorder shall proceed to as- certain and determine whether or not such livestock or animal was un- lawfully at large upon the premises of another, or upon the public lend$ hiChrrays, alleys, or streets in the Town of Fairhope, and he shall pro- ceed to inquire and ascertain the amount of such damaUes and dhhrges s and if he shall ascertain a.id determine that such livestock or animals were unlawfully at large on the nremises of another, or on the public lands, hiChnays, alleys or streets in the Town of Fairhope, he shall mace and enter on his docket an order in substances "It appearinU on corplaint of A B ( or any member of the :state highway patrol or sher- 07 livestock or animal so taken up gives bond in double value of the same payable to the person so taking up said property and approved by the - r:syor, or recorder before whom the proceedings are pending, conditioned to deliver such property to the constable or 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 be released to the owner. If upon the trial it is shown that the owner of said livestock or animal tendered to plaintiff full anf fair compensation for da_rages before slit and prays the same into court, then the suit shall be dismissed at cost of plain- tiff. On the trial of such issues the party taking up :such livestock or animal shall be the plaintiff in the action. If such livestock or animal be traicen up upon the public lands, higheays, alley; or streets in the Torn ofFairhope by any nr-caber of the state bightay patrol, or by the rheriff of any county or the con -table of any precinct or by the lair enforcement officer of any municipality, syach livestock or an- imal shall be released to its owner upon the nayment of the fee of one dollar to the officer taking up such animal, or the atditional fee as provided in Section 5 of this ordinance, together with damages, if any, suffered by any person, which shall be paid to such person, and the actual cost of feeding such livestock or animal duting the period held by such officer, or by any person 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 owner shall be furnished with an itemized account of the damage done, if any, and of the cost of keeping such livestock or animal durin- ouch detention and d duplicate of such state- ment and a statement of the amount collected shall be retained by the officer to whom nay ent is rude. Provided, however, that the amount for keeping and f@eding shall not excr�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 order is unknot:n, or, if known, such owner cannot be located, the mayor or recorder shall determine the validity of the seizure and the amount of damages, Cees, costs and expenses un- der the provisions of this ordinarre 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 s• me as t,►e fees of such officers in other trials in a mayor's or recorder's court for like ser- vices. From any judgment rendered by the mayor or recorder under the provisions of this article an a^peal may be taken to the circuit or other court of like jurisdiction in such co•inty within filte days from the ren- dition of slxch judgrientin the same manner an anneals are taken from judCr!:onts of the mayor's or recorder's courts in other cases. ;"'CTION Order of mile fees etc. If the owner or his agent shall not, rvian he has made no bond, reela.im_his livestock or an- imal within twenty-four hours after the mayor or recorder shall have ascertained such dam ,--es t" t mayor or recorder shall order the same ,,sold by a constd'31e of the precinct or by some one appointed to act as such or by the sheriff or his deputy or by the lac enforcement officer of a municipality; and such officer, upon the making of such order, shall sell the sarae upon giving five days' notice of such sale by publication one time in a nenspaper 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, an i the cxpenses of taking up, keeping, and carira° for such livestock or animal and the balance must be paid to the owner of s•zch livestock or animal, if known. and if not known, then into the treasury of the municipality. The officer making the sale shall be entitled to one dollar for making such sale and posting the notices. The mayor or recorder of any municipal court shall tax as a part of the costs for any such proceeding a fee of fifty cents and an iff or his deputies, constable of any precinct or the law enforce- ment officer of V e municipality that a cow (or hog or other animal as the case may bet was unlawfully on the premises or land of A B ( or C D, a s the case nay be, or upon the public lands, hiehwaya, alleys or streets in the Torn of 7airhope, en the case may be and that the onner thereof is unknown, and that the said animal has damaged the crop or shade or fruit trees or ornanental :shrubbery of A B, (or C D, as tt,e cane icy beo to the amount of $ , it is hereby order- ed and a.d judr?ed th-it the said A B (or such membe-• of the state high- way patrol or x1ch sheriff or his deputy, constable or lavr enforee- ment officer of the mttnicip .li ty, as the case may be) is entitled to for takin7 up and for caring; for Said animal, and that the sni,l animal be sold for the satisfaction thereof, together with costs of court." VICTION 9. Stock taken up not unlrwfully at large. If on the trial of any suit or proceeding brought hereunder it is aeeer4+ twined ant adjudged by the mayor or recorder that the livestock or an- imal tal_en up by the party complainin-- was not unlawfully at large upon the nremines of another of upon the public lands, highways, alley$ or streets in the Town of Fairho-oe, he shall render a judgment direct- ing thot :such livestock or animal be discharged and taxing the party conolaining with all the costs. "CTInN 10. Officer entitled to nansegnion anti judgment; coats etc. The person or officer taking up such livestock or animal shall 1l 'bo entitled to Possession thereof until the j —ii- font which may be recovered as herein provided is paid, together with the costs of the s^•ne an,l th^ cost of keeping an-i cpr'ing fo - such livestock or an- imal after slzch judgment, or until th, :pane is mold un.ler execution to !-ntisfy s-il judgment provided, that the coat of k *ening and caring for wich livestock or aninzl under such circunntancen shall be upon the same basis as that previously determined as aoroper c1harGe for the naintenonce of such livestock or animal prior to the enter -in.- of such judgment . '713,CTION ll. Compansation inhere stock kert in nound. If a municitinl livestock or aniFi-1 pound is maintained any p-,reon or officer seizing any livestock or animal may deliver ouch livestocs or animal so seized to the poundkeeper for safe]{eeping and the municipality shall be ref _ended any amounts which may be expended for L: inin; and feeding any livestock or animal, as provided in this ordinance. O^C1 12. Trial; dnnq. es; bondt etc. The oimer of any livestock or animml ch has been seized shall h.^ve the right to poseension f the same by-nayin�, such ' jug,-i�;nt and th,� costs troreof, or, if no judgment has been entered, by -aaying such lzn•rti�es as may be agreed upon together with fees and :osta and e.c-penses due on account of such seizure to the person or of "ices so seizing :such livestock or animal, or to the person rho, may at the time of such -ayment have such livestock or ani .il in hiq posses iron, and by paying to th court the costs of the court incurred to the time of such -pz 1kymcnt; but should the parties be unable to agree unon the amount of darLagas, fees, costa, and exnens^s due, either party shall have the ri,;ht to 6 before the mayor or recorder of the municipality, as the cane nay be, an,t have the irsue triad after first giving tho onnosity party one day's notice thereof on the day following or as soon thereafter as may be rraoticable on a written sta.t-rent or eom-olaint setting forth in subntance the Facts of such seizure; and rani% ir-sue shall involve the validity of such seizure and the ariount of dnn. ?ges, fees, costs ant expenses under the provisions of this ordinarn uii. t:ie judgment of the said rzayor, or re- corder shall have ail the force ant effect of a ju1Z*,2n-crit in any oth_,r case at law zn i be executed in the sanri nanner an any oth ,r judgment of the mayor's or recorder's court in enforced. 7 cn the: o- ner of such 6�-:2 additional charge of one dollar shall be made for the services of the clerk or other officer for making such sale and posting the notices, nhich such additional items of cost shall be paid into the municipal treasury. 9.7CTION 14. Disposition of fees. The fees provided in this ordinance, whether for, the officers or ror the mayor's or recorder's court shall crhen collected be covered into the municipal treasury. S—CTION 15. If any section or provision of this ordinzz.nce shall be held to be invalid, and sufficient of this ordinance shall remain to effect the purpose of this ordinance, it shall not invalidate the vrhole ordinance but ouch remaining sections and portions shall be and remain in full force and effect. Sr�CTION 16. Any and all other stock lacy ordinances now in force in the Town of Fairhope shall be and remain in force hereafter save and except only such stock law ordinances or portions thereof as shall be in conflict herewith and such conflictin, • etock lacy ordinance shall remain in force until this ordinance small become operative. Attest: .k. 'nr v-3d: .1)I_ OU'1 ;t.31�UL1_lICi On rcoues t of tale Cff icer in con:x.nu of this arep for Jivilian-ocfe.ise ,kctivities : 1 u::der put..orit r of C rdin,rliico .. �er 1G'3. z iic: nrovi.,,es for t,ie adontion of re,_ul.itions deer:ed necsssary for protection of civilian tie folios ing rcf'ul�tion b-3coriss 2f-" active ^�T 1 �, 1'a23. ri'IO' i'"t P'1 vT-_ =cl.; or oth1 r d2jVij " i �11S )e int '. out o . t• e : rntire a �r i..^-lf oT the lnris, j­ )rovi ti.jf I'? c0"tS Oi 11'1cl --int -S i,! r':-I•i .red t0 ,rovent -n. ll :A i ro— D-Lip t rou -h on the tre-tod cortioi.. '2hn t 1 1 i :on' ri •ils e tunic._ o;'2 not 1`� ter t1_ar. r. -i-ether loccted out ;i le or for i.-.tericr li,-1,ti,�j, ii r,n; lot. is v si')'-e fro i t,ie out side. JJVTIC'y.' T_I: 1'ha.t <<=11 our ^,ide 1i, i�tin;; ;uc 1 ^ ; s{'ot la. s, C­ opy fir• ti- (, Licn c, n )e s _c,, fro,i aoovTe) or ot-Jr liCIAiiif is , is not -)ro,j irl­ l ivertod or "hood—i", oe urned off ;�CIFIO III: ?or conviction of viol_! tion of this rec-1,—tion t' 3 '.1` lt1H ,, -,s 'Jrov, dad i-n ord i..lc ice nu:?.',er '.our o- )t coo-oer^tion in t: is e.'fort to _'u_-t11gr t:, a ,pro- tection of the civilian oorulption, will '-e o- )r,�ci,'ted b� t'_s ,rnOf`icuro ii nuthority �.:=� local of icinls. y 1:i, 1 aA l.ot -ird +�tuA e, Yor 0t3: 'i-Lis ri Cr -o t -. "Pct int2rior or wiridov. l if .' 3o:. i^ not involved, e n(l it is su; ,;est_. i that ordiii-r� lir iitin -••itii outside control for <.ir x�­Iid ard,:.Lis, )e on.ltiriia ; x as an r.id to „o--er orotoction of »zsineLs est �lisr�r_u�..ts, atc.