A. The animal control authority, upon receipt of a report or upon discovery of an estray, within the city, shall as soon as possible, notify the sheriff of the county and report the presence of the animal and the location where the animal can be found. If circumstance permits, the animal control officer shall refer the matter in its entirety to the sheriff. If circumstance does not permit or the sheriff seeks the assistance of the animal control division, the animal control officer may cause the impoundment of any and all estray and other livestock that may be found in and upon any street, alley or upon any unenclosed lot in the city, or otherwise to be found at large, and to confine such estray or livestock for safe keeping. Upon impounding, the animal control officer shall prepare a file to be located in the animal control division offices. Each entry shall include the following:

1. The name and address of the person who notified the animal control division of the estray or other livestock;

2. The date, time and location of the estray or other livestock when found;

3. The location of the estray or other livestock until disposition; and

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

B. When an estray or other livestock has been impounded by the animal control division, the animal control officer shall make a diligent search of the register of recorded brands in the county for the owner of the estray or other livestock. If the search does not reveal the owner, the animal control division shall advertise the impoundment of the estray in a newspaper of general circulation in the county at least twice during the next fifteen (15) days following impoundment.

C. The owner of an estray or other livestock may recover possession of the animal at any time before the animal is sold under the terms of this chapter if:

1. The owner has provided the animal control officer with an affidavit of ownership of the estray or other 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 missing,

c. The property from which the animal strayed, and

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

2. The animal control officer has approved affidavit; and

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

D. If the ownership of an estray or other livestock is not determined within fourteen (14) days following the final advertisement required by this section, ownership of the estray or other livestock rests with the city and the animal control officer shall then cause the estray or other livestock to be sold at an auction. If there are not any bidders, ownership is forfeited to the city.

1. Title 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.

2. The disposition of the proceeds derived from the sale at public auction will be as follows:

a. Pay all handling fees to those entitled to receive them.

b. Execute a report of sale of impoundment stock.

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

d. If the bids are too low, the animal control officer shall have the right to refuse all bids and arrange for another public auction or sealed bidding procedure.

3. Recovery by Owner of Sale Proceeds.

a. Within twelve (12) months after the sale of an estray or other livestock under the provisions of this chapter the original owner of the estray may recover the net proceeds of the sale that were delivered to the city clerk if:

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

ii. And the animal control officer has accepted the affidavit of ownership.

b. After the expiration of twelve (12) months from the sale of an estray or other livestock as provided by this section, the sale proceeds shall escheat to the city. If an animal was forfeited to the city due to no bidders at auction, then the city is not liable to owner for any proceeds of sale, since no proceeds were received.

E. Use of Estray and Livestock. During the period of time an estray or other livestock is held by one who impounded the estray or other livestock, it may not be used by any person for any purpose.

F. Death of Estray and Livestock. If the estray or other livestock dies or escapes while held by the person who impounded it, the person shall report the death or escape to the animal control division. The report shall be filed in the records regarding the impoundment. (Ord. G-1011 § 1 (part), 2007: Ord. G-1001 § 1 (part), 2007)