§ 6-36. Livestock.

(a)

Impoundment. It shall be the duty of the animal control officer in the absence of action by the county sheriff's office, to take up any and all livestock that may be found in and upon any street, alley, right of way, or in or upon any private, non-enclosed lot in the city, or otherwise to be found at large, and to confine such livestock for safe keeping. Upon impounding livestock, the animal control officer shall prepare a "Notice of Stray Livestock" and file such notice in the "Estray Book" located in the office of the animal control officer. Each entry shall include the following:

(1)

The name and address of the person who notified the animal control officer of the livestock.

(2)

The location where livestock was found.

(3)

The location where the livestock will be located until disposition.

(4)

A description of the animal including its breed, color, sex, age, size, all markings of any kind, and other identifying characteristics.

(b)

Advertisement of impounded livestock. When livestock have been impounded, the animal control officer shall make a diligent search of the register of recorded brands in the county for the owner of livestock. If the search does not reveal the owner, the animal control officer shall advertise the impoundment of livestock in a newspaper of general circulation in Tarrant County at least twice during the next 15 days and post a notice of impoundment of the livestock on the public notice board of the county sub-court house and of city hall.

(c)

Recovery by owner. The owner of the livestock may recover possession of the animal at any time before the animal is sold if:

(1)

The owner has provided the animal control officer with an "Affidavit of Ownership" of the livestock containing at least the following information:

a.

The name and address of the owner.

b.

The date the owner discovered that the animal was strayed.

c.

The property from which the animal strayed.

d.

A description of the animal including its breed, color, sex, size, all markings of any kind, and any other identifying characteristics.

(2)

The affidavit has been filed in the "Estray Book".

(3)

The owner has paid all livestock handling fees to those entitled to receive them.

(4)

In the event the animal is sold the purchaser must execute an "Affidavit of Receipt" containing the following information:

a.

The name and address of person receiving the livestock;

b.

Date of receipt of livestock;

c.

Method of claim to livestock (owner, purchaser at sale);

d.

If purchaser at sale, the amount of gross purchase price;

e.

Amount of livestock handling fees paid;

f.

The net proceeds of the sale.

(5)

The animal control officer has filed the "Affidavit of Receipt" in the "Estray Book".

(d)

Sale of estray.

(1)

If the ownership of any livestock is not determined within four days following the day of final advertisement of the impounded livestock, title to the livestock rests in the city and the animal control officer shall then cause the livestock to be sold.

(2)

Title to the livestock shall be deemed vested in the animal control officer for purposes of passing a good title, free and clear of all claims to the purchaser at the sale.

(3)

The disposition of the proceeds derived from the sale of the livestock will be as follows:

a.

Pay all handling fees to those entitled to receive them.

b.

Execute a report of sale of impounded stock.

c.

The animal control officer shall deliver the net proceeds remaining from the sale of the livestock after the handling fees have been paid to the city treasurer. Such net proceeds shall be subject to claim by the original owner of the livestock as provided herein.

(e)

Recovery by owner of sale proceeds. Within 12 months after the sale of the livestock under the provisions of this section the original owner of the livestock may recover the net proceeds of the sale that were delivered to the city secretary if:

(1)

The owner has provided the animal control officer with an affidavit of ownership;

(2)

The affidavit has been filed in the "Estray Book"

(3)

The animal control officer, after a reasonable investigation, cannot controvert the affidavit within 30 days.

If entitlement to the proceeds of sale is controverted by another person or by the animal control officer, the municipal court shall determine entitlement to such proceeds unless an action is filed in another court of competent jurisdiction prior to hearing by the municipal court.

(f)

Use of livestock. During the period of time the livestock is held by one who impounded the livestock, the livestock may not be used by any person for any purpose.

(g)

Death or escape of livestock. If the livestock dies or escapes while held by the person who impounded it, the person shall report the death or escape to the animal control officer. The report shall be filed in the Estray Book.

(h)

Breeding of animals. It shall be unlawful for the owner or harborer of any animal listed in this section to knowingly permit or cause to be permitted the breeding of any such animal within the public view.

(Ord. No. 2004-02, § 6, 4-6-04)