The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1881-05-13
The Pound Ordinance

The following is the full text OF the
pound ordinance recently passed by the
city council and signed by the mayor,
and which VIII go into effect upon its
publication in the official paper of the
city:
An ordinance to regulate and prohibit
the running at large of animals.
Be it ordained by the mayor and council
men of the city of Emporia:
SECTION l. No horse, pony, mare, FLY,
mule, ass, sheep, goat, swine, neat cattle
or other animals, shall run at large with
in the corporate limits of the city of
Emporia, Lyon county, Kansas.
SEC. 2. The marshal. assistant marshal
and policeman are each and all hereby
declared. nominated, elected and consti
tuted, and shall be eX-officie keepers
of the pound, pen, or building or in
closure, used and occupied for the i'm
pounding of animals, and either of them
shall take up all animals found running
at large within said city of Emporia,
contrary to the first section of this or
dinance, and confine them in such
pound, pen, building or other place
designated by the city council; and the
officer taking up such animal shall pro-
vide, at his own cost, suitable and neces-
sary sustenance for the animal so taken
up, and the cost of providing such sus-
tenance shall be paid to such officer be-
fore such animal shall be released by
him.
Sec. 3. Any animal so taken up and
impounded may be sold at public sale
by the said marshal. at any time after
the expiration of six days from the time
of impounding the same. The marshal
shall personally attend to the selling of
chol
previous notice of the time and place of
any such sale by causing written or
printed or partly written or printed
notices thereof, to be posted in three
public places in said city, giving de-
scription of the property to be sold, and
the excess of moneys arising from such
sales after deducting the costs, charges
and expenses allowed by this ordinance,
shall be paid into the city treasury, and
and of such payment the marshal shall
take duplicate receipts, one of which he
shall file with the city clerk.
SEC. 4. If the owner of any animal
shall apply to and pay the officer his
fees and charges at any time before the
sale of such animal the officer shall re-
lease such animal. If the owner of any
animal shall apply to the city marshal
after such animal has been sold, and
prove the ownership thereof TO the salts
faction of the marshal before payment
into the city treasury, the marshal shall
pay the balance due from the sale of
such animal to such applicant, taking
his receipt therefor. But if the owner
of any such animal sold, shall apply to
the marshal after payment into the treas
ury and prove the ownership thereof
shall certify the facts to the mayor and
an11nnSlraan cfoffnN tho do
posted in the city treasury on account
of such animal, and therefor a warrant
sh all be drawn upon the treasurer in ia
vor of such claimant for the amount
so certified by the marshal, and the
clerk shall file and preserve the certifi-
cate of the marshal with claimants re-
ceipt IN full Endorsed therefor. But ifsaid
owner shall fail to appear within ninety
days and apply for such amount SO de-
posted in the city treasury, it shall be
forfeited to the city.
SEC. 8. Any person who shall in any
manner resist, impede, oppose, delay,
hinder or interfere with the said mar
shall, assistant marshal or police
man while engaged in the dis
charge of his or their duties in
taking up, leading, carrying or
driving any animal aforesaid to the
city pound shall, on conviction thereof,
be fined in any sum not exceeding TWEEN
ty-five dollars.
SEC. 6. Any person who shall break
open, pull down destroy or injure the
pound in the city of EmpOria, or any
door, gate, fence or Enclosure thereof, or
take or attempt to take or drive thereout
or therefrom any animal therein i'm
pounded, without first paying the Off
GERS fees as herein provided shall, on
conviction of either of the two classes
of offenses in this section enumerated,
be fined in any sum not exceeding fifty
dollars.
SEC. z. Whoever shall suffer or permit
any dangerous, unrly or mischievous
animal owned or kept by him, to go at
large in the city of EmpOria by day or
by night to the damage of any person
within said city shall, ON conviction
thereof, be fined in any sum not exceed
ing twenty dollars.
Sec. 8. Whoever shall drive or cntice
any animal from beyond the limits of
said city into the same, or let any AMI
NAL out of any Enclosure in which it
may be confined or aid or abet the let
ting out or escape thereof in order to
take up or impound the same. shall, on
conviction thereof, be fined in any sum
not exceeding twenty dollars.
SEC. 0. The following fees shall be al
lowed under this ordinance: For taking
up and placing in the pound each ami
NAL so cents; for snstenance furnished
each animal per day 80 cents; for post
ing notices of sale in each case 80 cents.
SEC, 10. This ordinance shall take eff
feet and be in force from and after its
publication.
Approved May 8, 1881.
DIV. EASTMAN, Mayor.
Attest: e. M. FoRDE, Clerk.