Chapter 6.12
ANIMALS RUNNING AT LARGE

Sections:

6.12.010    Prohibited upon unenclosed lands or upon streets.

6.12.020    Dangerous animals prohibited at large.

6.12.030    Public pound – Established.

6.12.040    Officers to receive and care for animals found.

6.12.050    Impoundment – Notice requirements.

6.12.060    Impoundment – Claiming by owner.

6.12.070    Impoundment – Sale at auction.

6.12.080    Impoundment – Owner to receive proceeds if claimed within one year.

6.12.090    Impoundment – Poundmaster’s duties – City marshal’s duties.

6.12.100    Impoundment – Fees.

6.12.120    Hindering impoundment unlawful – Penalty.

6.12.130    Violation – Penalty.

6.12.010 Prohibited upon unenclosed lands or upon streets.

No horse, sheep, goat, ass, mule, jenny, colt, filly or swine, and no cattle of any kind shall be allowed to run at large or be herded any hour of the day or night, upon any unenclosed lands, public or private, within the limits of the city of Sultan, or upon any public street, avenue, alley or other public place in said city, and if two or more of said animals are housed, kept, or allowed to graze within the city of Sultan, said animals must be housed, kept or allowed to graze on a ground area of sufficient size to provide at least one-half acre of grazing land for each of said animals. (Ord. 439, 1983; Ord. 38 § 1, 1910; Ord. 27 § 1, 1908)

6.12.020 Dangerous animals prohibited at large.

No stallion, bull, boar or any vicious animal shall be permitted to run at large or be herded, or be driven or led when such animal is not safely secured upon any unenclosed lands, public or private, or upon any public street, avenue, alley or other public place of said city. (Ord. 27 § 2, 1908)

6.12.030 Public pound – Established.

The enclosure and shed to be hereafter designated by the council heretofore provided as a public pound, is established as the public pound of said city. (Ord. 27 § 4, 1908)

6.12.040 Officers to receive and care for animals found.

A. Any animal, described in this chapter, found running at large within the limits of said city in violation of the provisions of this chapter may be taken up by any person and delivered to the marshal, poundmaster or to any police officer of said city and it shall be the duty of any of said officers to receive any animal so delivered and to take up any and all animals described in this chapter found violating the provisions of this chapter within the limits of said city and to impound the same.

B. Such animals so taken up and impounded shall be provided with proper care, food and water while so confined. (Ord. 27 § 5, 1908)

6.12.050 Impoundment – Notice requirements.

A. The marshal, poundmaster or police officer, impounding any animal, shall give written notice thereof within 24 hours of said impounding, containing a description of the animal or animals so impounded, to the owner, if known, or if not known then by posting a notice in a conspicuous place at the entrance of the pound and posting a similar notice at the front entrance of the City Hall, and also at two other public places in said city, which notice shall state that the animal or animals described therein have been taken up and impounded and will be sold at public auction to the highest bidder for cash at a time therein named, which time shall not be less than three days from the time of service or posting of said notice, to pay the legal fees and costs and expenses of the taking up, keeping and selling the same.

B. Such sale shall take place between the hours of 9:00 a.m. and 4:00 p.m. of said day.

C. The notice required by this section will be effectual, if given as provided in this chapter, either by the city marshal or poundmaster. (Ord. 27 § 6, 1908)

6.12.060 Impoundment – Claiming by owner.

If at any time before such sale the owner of any animal or animals so taken up or impounded shall claim the same, he shall be entitled to the possession thereof upon presentation to the city marshal, poundmaster, or other person in charge of said pound, the receipt of the city clerk/treasurer for all legal fees, charges and expenses incident to such taking up, keeping and impounding. (Ord. 27 § 7, 1908)

6.12.070 Impoundment – Sale at auction.

At the time named in such notice, if such animal or animals are not prior thereto claimed and redeemed as prescribed in SMC 6.12.060, the city marshal or poundmaster shall sell such animal or animals at public auction to the highest bidder for cash and shall immediately pay the proceeds of such sale to the city clerk/treasurer and give a receipt thereto to the purchaser. (Ord. 27 § 8, 1908)

6.12.080 Impoundment – Owner to receive proceeds if claimed within one year.

If the owner or owners of any such animal or animals sold under the provisions of this chapter make satisfactory proof of ownership any time within one year from the date of such sale, he or they will be entitled to receive the net proceeds of such sale so paid into the city treasury, after deducting all legal charges, costs and expenses. (Ord. 27 § 9, 1908)

6.12.090 Impoundment – Poundmaster’s duties – City marshal’s duties.

A. It shall be the duty of the poundmaster or other person in charge of said pound, to securely keep said pound and properly care for all animals that may be delivered into his custody until the same shall be released or sold as provided in SMC 6.12.070.

B. Upon receipt of any animal he shall forthwith report to the city marshal the name of the person delivering the same to him the day and hour of its receipt and a description to a reasonable certainty of the animal or animals and the name of the owner or owners if known; he shall also report to the city marshal the release of all animals coming under his charge, showing the name of the owner to whom delivered, together with the amount realized with such release.

C. The city marshal shall keep a correct record of all matters above described in this section and the same shall be preserved as one of the records of his office and be open to public inspection. (Ord. 27 § 10, 1908)

6.12.100 Impoundment – Fees.

The fee to be charged for the taking up and impounding of any animal and for the care and keeping of such of each animal and the manner and time of payment thereof shall be established by resolution of the city council from time to time as such council deems proper. (Ord. 441, 1983; Ord. 27 § 11, 1908)

6.12.120 Hindering impoundment unlawful – Penalty.

If any person willfully prevents or hinders, or attempts to prevent or hinder, the impounding of any animal running at large in said city, or otherwise violating the provisions of this chapter, or by force removes or attempts to remove any animal from the public pound without the authority of the poundmaster, or other person in charge of said pound, or aids in any attempt to remove any animal or animals from said pound, such persons shall be in violation of this chapter, which shall constitute an infraction or criminal offense. The penalties for said violations are set forth in SMC 6.12.130. (Ord. 471, 1985; Ord. 27 § 13, 1908)

6.12.130 Violation – Penalty.

Failure to perform any act required or the performance of any act prohibited by this article is designated as an infraction for the first and second offense and as a criminal offense for each violation thereafter. The penalties for said violations are as follows:

A. First offense, $25.00;

B. Second offense, $50.00;

C. Third offense and each additional offense, $100.00 per offense and/or imprisonment for a period not to exceed three days;

D. Criminal offense bail, $100.00 per offense. (Ord. 471, 1985; Ord. 294 § 14, 1968)