The Benton weekly record. [volume] (Benton, Mont.) 1880-1885, 1883-05-05
CITY ORDINANCES.
Ordin ance No. Z
Concerning domestic animals running al
large.

Concerning domestic animals running al
large.
Be it ordained by the City Council Of The
city Of Fort Benton.
Sec. l. 1t shall be the duty of every
person owning or keeping domestic ami
mails of any kin within the limits of the
city, to provide for the keeping and'c
troll of the same and prevent their doing
damage to person or property. Any per
son, who contrary to the provisions of this
ordinance shall allow any Kind of fdomestic
animal belonging to him or her to trespass
upon the premises Of anothar, in addition
to an action for damages for such trespass,
shall on conviction be deemed guilty of a
misdemeanor, and be fined not exceeding
twenty-five dollars and costs.
Sec. 2. The City Marshal of the city of
Fort Benton. as pound keeper Of said city,
shall pi ioyide pound of suitable charac-
ter, at The expense of the city, for the i'm
pounding of any animal found doing dam
age to any person or found trespassing up
on the premises of any person within the
city limits, and when any such animal so
found, has been impounded by the Mar
shal or policemen, it shall be the duty of
said pound-keeper to notify the owner
thereof asld at the same time to file COM
plaint against the owner. At the trial of
such action evidence may be given of the
amount of damage done by said animal,
and the magistrate, in addition to the fine
imposed for violation of this ordinance,
may assess the damages done TO any pri-
vate party and may issue execution for the
amount Of fine and costs, as we'll as such
damages, and unless the owner Of said ami
NAL shalt at once pay the same, the i'm
pounded animal may be sold by the Mar
shall on execution at public auction TO the
highest bidder for cash, notice of such
sale having been given at least three days
prior thereto by notices posted in three
public places of the city, and the proceeds
of such sale shall be applied to the pay
ment of such fine, costs and damages.
See. g. If no owner can be found after
reasonable search and inquiry, for any
such impounded animal, the ponnd-keeper
may file a complaint against the unknown
owner Of the animal, giving brief de-
scrption of the same, and on the trial
Thereof, any person having suffered dam
age by reason of the same, may give evil
dence thereof, and the magistrate may en-
ter rjudgment against such unknown own
For ~ n rnct
proven, and issue execution against the
same, on which the said animal may be
sold as provided In the preceding section,
and the proceeds shall be applied to the
payment of such costs, charges and dam
ages and the surplus, if any, in
TO the city treasury.
Sec. 4. Any person who shall ebstruct
or attempt to recover from the marshal Or
policeman engaged in driving to pound
any animal liable to be impounded, or who
shall break open or attempt to break open,
or assisto encourage others to break open
the city pound, or shall i'll any way at
tempt to remove any animal therefrom un-
lawfully, shall be deemed guilty Of a mis-
denleanor, and upon conviction may be
fined not less than five dollars nor more
than one hundred dollars.
Sec. 5. Any person appearing and
claiming any animal taken for violation of
this ordinance and proving title to the .
satisfaction of the marshal or policeman,
before eny complaint has been filed Or ac- =
ton begun, may have the same delivered
to such owner upon payment of the cost of j..
impounding, and minimum fine of three
dollars to the officer, to be paid by him
forthwith into the city treasury.
Sec. 1t shall be the duty of the pound
keeper to see that every impounded ami ,
NAL has sufficient and proper food and
water, also, shelter and other care when :
needed. For any violation of the provis- :,
ions, or either of them, of this section, the
pound-keeper, besides pecuniary response
bility to the owner of the animal, shall be
deemed guilty of misdemeanor, and up :
on conviction may be fined not exceeding
twenty-five dollars.
Sec. z. For taking up and impounding {
any animal running at large or doing :
damage contrary to the provisions of this ;
ordinance, the officer performing the SER
vice shall be entitled t 0 a fee of one dollar, =
and for the care and feed of such animal U
fifty cents per day.
Passed and approved April 2lst, 1888.
WILLIAM G. CONRAD, Mayor.
Attest HORACE r. Buck, Clerk.