It shall not be lawful for any person being
the owner, possessor or custodian of any neat cattle, horses, mules,
sheep, goats or swine to suffer or permit the same to run at large
in the Town of Dover under a penalty of not more than $1 for each
head of neat cattle, horses, mules, sheep, goats or swine so suffered
or permitted to run at large, for each offense.
In addition to the penalty above provided, it shall be the duty of the poundkeeper, and it shall be lawful for any person, to take up and confine in the pound of the town any animal named in § 113-41 that may be found running at large in violation of the provisions of this Article and to confine the same in the town pound; and for each and every animal taken up and impounded, it shall be the duty of the poundkeeper, upon it being legally established that such animal was lawfully impounded, to pay the person so taking up and impounding the same the sum of $1. If the owner or possessor of such impounded animal shall appear and claim the same, it shall be delivered up by such poundkeeper upon the payment to him of the sum of $2 per head and all expenses while in his custody, the one-half (1/2) of which sum of $2, and all other expenses, is to be retained by such poundkeeper, and the other half of said $2 to be paid to the person impounding such animal as above stated.
If no person appears within the space of 24
hours after such animal has been impounded to claim the same and pay
the pound fees and charges, it shall be the duty of said poundkeeper
to give notice to the owner or owners thereof of the fact of such
impounding, if such owner or owners is or are known to such poundkeeper
or can be ascertained by reason of diligence, and if such animal is
not claimed and the pound fees and charges paid within three days
from the time of impounding, or in case the poundkeeper cannot find
the owner thereof, it shall be his duty to give notice of the facts
of the case to the Mayor or Judge of the Municipal Court of the Town
of Dover, who is authorized to issue a warrant to the Chief of Police
to make public sale of such animals, first advertising such sale for
at least six days previous to the time of making the same by advertisements
signed by himself, and set up in at least three public places in the
Town of Dover, and also by inserting such advertisement at least once
in one of the newspapers published in the town, giving notice of the
time and place of such sale. Said Chief of Police, after paying from
the proceeds of such sale the lawful pound fees and necessary expenses
of such sale, shall deposit with the Treasurer of the Town of Dover
all the residue of the proceeds of such sale for the use of the owner
or owners of such animal as has been sold and to be paid over to such
owner or owners by said Treasurer upon the fact of ownership being
established to the satisfaction of the Mayor and upon such fact being
certified by the Mayor to such Treasurer, provided that such ownership
shall be established within 90 days after the date of such sale, and
otherwise said amount to remain in the treasury of the town for the
use and benefit of the town.
A.
Cattle going to and from pasture. This article shall
not be construed to interfere with persons driving any of said animals
through the streets or public highways of the town, in taking them
to or from their lands or pastures or to or from market; provided,
nevertheless, that any such animal found pasturing or grazing in any
street, highway or public place within the town shall be considered
a stray animal and be subject to the provisions of this article.
B.
This article shall not apply to animals being used
for religious or cultural celebrations.
[Added 5-28-1996 by Ord. No. 19-1996]
