0218ORDINANCE NO. 218
AN ORDINANCE PROHIBITING LIVESTOCK RUNNING
AT LARGE WITHIN THE LIMITS OF THE CITY OF
SOUTHLAKE, TEXAS; PROVIDING FOR THE IMPOUND-
ING AND SELLING OF LIVESTOCK RUNNING AT
LARGE; PROVIDING A SAVINGS CLAUSE; AND PRO-
VIDING A PENALTY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS:
ARTICLE I - DEFINITIONS
SECTION 1. "RUNNING AT LARGE" - shall, for the purpose of
this ordinance mean any animal described in the ordinance
when such animal is off the property of it's owner, keeper
or person in charge thereof, not under the immediate con-
trol of a competent person.
SECTION 2. "PERSON" - The term "person" as used herein shall
be construed to include both singular and plural and shall
mean and embrace any individual, corporation, association,
partnership, or society, and their agents, servants and em-
ployees.
SECTION 3. "LIVESTOCK" - The term "livestock" as used here-
in shall be construed to mean any horse, mule, jack, jenny,
cow, cattle, hog, sheep or goat, or similar animal.
ARTICLE II - LIVESTOCK
SECTION 1. RUNNING AT LARGE: That it shall be unlawful for
the owner, keeper, or person in charge of any horse, mule,
jack, jenny, cow, cattle, hog, sheep or goat, or similar ani-
mal to allow or permit the same to run at large within the
limits of the City of Southlake, Texas.
SECTION 2. IMPOUNDING: That the Chief of Police shall take
up or cause to be taken up any such animals found running at
large within the limits of the City of Southlake, Texas and
shall impound any such animals in a suitable place provided
for that purpose.
SECTION 3. NOTICE AND SALE: That the Chief of Police shall,
within three (3) days after such animal has been impounded,
post two (2) written notices, one at the City Hall and one
at the location where the sale is to be conducted, giving
therein a full description of such animal so taken up and
impounded and stating a day and place of sale of such ani-
mals, which date of sale shall be not less than five (5)
days from the date of posting notices, and said animals
shall be sold at public auction to the highest bidder for
cash. That the Chief of Police shall conduct such auction
or cause the same to be conducted by other police officers
or a designated livestock auction company.
SECTION 4. FEES: That the Chief of Police shall collect
a fee of ten dollars ($10.00) per head for taking up and
impounding each animal and three dollars ($3.00) per head
per day for feeding and taking care of each animal and five
dollars ($5.00) per head for selling each animal, which fees
so collected out of the sales price shall be paid over to
the City Tax Assessor and Collector. If the owner fails to
call for the balance of the sales price (after the above
fees have been deducted) within fifteen (15) days from the
date of sale, then the Chief of Police shall pay the same
over to the City Tax Assessor and Collector. At any time
within six (6) months after the sale the owner may apply to
the Chief of Police and after satisfactory proof of owner-
ship, he shall be entitled to receive the balance on deposit
on account of such sale after the above fees are deducted.
SECTION 5. RECLAIMING BEFORE SALE: That the owner of any
animal impounded may reclaim the same from the Chief of Police
at any time before sale by paying all fees and expenses of
taking up and keeping such animal.
SECTION 6. RECORDS: That the Chief of Police shall keep a
book in which he shall record a description of all animals
impounded, the date of sale, the amount realized from the
sale, the fees and expenses due for impounding and keeping
the animal, the name of the owner, if known, and the name of
the purchaser, and the addresses of both parties.
SECTION 7. STAKING AND GRAZING: That it shall be unlawful
for any person to stake any livestock for the purpose of graz-
ing upon or within reach of any public street, alley, side-
walk, park, or rights-of-way within the limits of the City of
Southlake, Texas.
ARTICLE III - GENERAL PROVISIONS
SECTION 1. PENALTY: That any person who shall violate any of
the provisions of this ordinance shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined not ex-
ceeding $100.00~ and each and every day of such violation shall
be deemed a separate and complete offense.
SECTION 2. SAVINGS CLAUSE: That if any section, part, or pro-
vision of this ordinance is declared unconstitutional or in-
valid, then, in that event, it is expressly provided and it is
the intention of the City Council in passing this ordinance,
that all other parts of this ordinance shall not be affected
thereby and shall remain in full force and effect.
SECTION 3. EFFECTIVE DATE: This ordinance shall be effective
from and after the date of its passage and publication.
PASSED AND APPROVED this 4th day of March, 1975.
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM:
· ~ ~ty Attorney