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Home My WebLink About485 ,>.1 ....-,"'" , C'\', \~I '\~; ORDINANCE NO.XL.s- . AIr ORDINANCE RELATING TO ANIMALS RUNNING AT LARGE. PROVIDING FOR TAKING THEM up. GIVING A LIEN ON THEM FOR ALL DAtJ.rAGES, COSTS AND EXPENSES INCURRED BY REASon OF TAKING THJl:rI UP, AND PRESCRIBING THE DUTIES OF THE POUND MASTER AlTD PROVIDING FOR A PENALTY FOR OBSTRUCTING HIM IN THE PERFORUANCE OF HIS :OUT- IES, AUD REPEALING ORDINANCE NO. 37. The Mayor and Common Council of the City of San Bernard- ino do ordain as follows: SECTION 1. It shall be unlawful for any person, firm. or corporation owning or having in their control or custody of any horses, neat caUte, cows, mules, sheep, goats. hogs, or pigs, jacks or jennets, to permit or allow such animal or animals to wander, run at large. or be upon any public street, highway, or public park., wi thin the corporate limits of the city of San Bernardino, and whenever such animal or animals shall be found so running at large and being upon the public streets, or public parks, in said city. the Pound' Master shall take, or cause to be taken. any such animal or animals in his charge and custody, and shall place the same in the public pound of said city, and shall within twenty- four hours after so taking the same give notice in writing of luch seizure and taking to. the owner or person claiming to control such animal or animals, if such person be known or resides within the corporate limits of such city, and if .within twelve hours thereafter such owner or person claiming to own such animal or animals shall fail to pay to the said Pound l!aster the sum of one dollar for capture of each of such animals, and such other fees and costs as are or may be allowed him for each animal so taken into his custody, a8 aforesaid, and to remove said animal from said Public Pound, the said Pound Master shall, after givi1ng five daystpl:lblic' .1 1 :, -~~~. 'X. notice in d'lting posted in three public places of the city of San Bernardino to-wit: one of said notices to be posted at the entrance of the said public pound, one of said noti~es to be posted at the United states Postoff1ce in said city on the bulle- tin board provided for the posting of public notices, and one of said notices to be posted on the bulletin board placed at the West entrance of the court house in said city, expose and offer said animal or animals for sale at public auction to the highest bidder for cash in lawful money of the United states. The pro- ceeds of such sale shall first be applied to tne pa~nent of the fees due the said Pound Master, the costs of sale and the keep- ing of said animal or animals, and the balance of said proceeds, if any, togEl1er with the copy of the marks 'and brands of such animals shall be deposited by the said Pound Master with the Treasurer of the city of San Bernardino for the benefit and to the credit of the owner thereof. At such public sale the said Pound Mester Shall execute to the purchaser of such animal or animals a certificate ofst1ch sale specifying the amount paid, and the mark, brand and description of the property 80ld, and thereupon shall file a duplicate of such certificate with the said treasurer of said city. The Pound Master shall receive for selling such animal or animals such fees and compensation as is allowed by law to the Sheriff of the County of San Bernard- ino for like services, and fifty cents per day per head for keep- ing such animal and fifty cents for serving notice upon the owner or party having control of such animal; provided,. that the owner or claimant shall be entited to have any such animal at any time before the sale thereof by paying to said Pound Master all charges, fees and fines incurred up to the time of claiming and delivering the B~e. (I) T .,-- . . ,- V' ..,~ .. ~, ' .J. ,., ~.~--_.....-.--_-------....--. -- "--_...._~--~_.~., ----..- -- ,--,..~.~~.".-~--_.- ~..- r"'\ ..:.:',,," SECTION 2. The Pound Master before entering upon the duties of his office, shall take the oath of off:1ce, and shall, within ten days after his appointment, give bond, with at least two good and sufficient sur.eties, to be approved by the Mayor and Common Council of said city. in the sum of five hundred (.500.00) dollars for the faithful pe~formance of his duties. payable to the city of San Bernardino. SECTION 3.. The said pound Master shall be appointed iin the same manner as other appointive officers are appointed in the city of San Bernardino, and shall have power to appoint one or more deputies whose duties and obligations shall be those of the Pound Master, SECTION 4. For the purpose of capturing animals running at large within the city of San Bernardino, the Pound i~ster or his deputy may pursue the same onto private premises. SECTION' 5, Any person or persons who shall by threats, force or violence interfere with the Pound Master or a~ of his deputies, in the performance of his or their duties, or who shall by threats. force or violence take or rescue or attempt to take or rescue any animal or animals taken by them or either of them under and by authority of the provisions of this ORDINANCE. shall on conviction of either of such offenses be punished by a fine not exceeding Fifty Dollars or by imprisonment no~ exceeding twenty days, or by both such fine and imprisonment in the dis- cretion of the court. SECTION 6. This ORDINANCE shall take effect from and after thirty days of its adoption and approval, SECTION 7. The City Clerk shall certify to the adoption of this o~dinance and cause the same to be published for three consecutive days in the Evening Index. (3) -------- , - - ';' ~ \ -~f /"..":" ~ ~r;', - - 'SAHi.:-'; --"-{-~::,~:-:;,, ------ _........-- .-.....".,. ,...-.-.--/ -"",<-$" ",....--- ~-_._.-- ,- ..........--~..-~' . ,."..",.....'LoJ--' -4- SECTION 8. ordinance No. 31 entitled "concerning animals trespassing on the streets and public places; the pound .aster, his duties and pay, and prescribing a penalty for obstructing him in the performance of his duties," passed on the 12th day of ]Jay, 1880. . and all Ordinances,and parts of ordinances, in conflict herewith, are hereby repealed. I hereby certify that the forgoing ordinance was passed and adopted by the ~ayor and common council of the city of San Bernardino, at a meeting thereof held on the J~ day of July, 1912, by the following vote: Ayes:,;/~'~ ~~, &-6 Noes: ~. ~~-/.JlH- Ci ty Clerk. I hereby approve the above and foregoing Ordinance this~cray of July, 1912. t.. {~~;ll~M~ (4)