ARTICLE 2.400  ESTRAYS

Sec. 2.401     Impoundment

(a)     It shall be the duty of the animal control officer in absence of action by the county sheriff's office, to take up any and all estrays that may be found in and upon any street, alley, or in or upon any unenclosed lot in the City of Watauga, or otherwise to be found at large, and to confine such estrays for safekeeping. Upon impounding an estray, the animal control officer shall prepare a "Notice of Estray" and file such notice in the "Estray Book" located in the office of the animal control officer.

(b)     The "Notice of Estray" shall contain the following information:

(1)     The name and address of the person who notified the animal control officer of the estray;

(2)     The location of the estray when found;

(3)     The location of the estray until disposition;

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

(1977 Code of Ordinances, Chapter 3, Article 4, Section 1)

Sec. 2.402     Advertisement of Impounded Estrays

When an estray has been impounded, the animal control officer shall make a diligent search of the register of recorded brands in the county for the owner of the estray. If the search does not reveal the owner, the animal control officer 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 and post a notice of the impoundment of the estray on the public notice board of the county sub-courthouse and of the city hall.  (1977 Code of Ordinances, Chapter 3, Article 4, Section 2)

Sec. 2.403     Recovery by Owner

The owner of an estray may recover possession of the animal at any time before the animal is sold under the terms of this article if:

(1)     The owner has provided the animal control officer with an "Affidavit of Ownership" of the estray containing at least the following information:

(A)     The name and address of the owner;

(B)     The date the owner discovered that the animal was estray;

(C)     The property from which the animal strayed;

(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;

(3)     The affidavit has been filed in the "Estray Book;"

(4)     The owner has paid all estray handling fees to those entitled to receive them;

(5)     The owner has executed an "Affidavit of Receipt" containing at least the following information:

(A)     The name and address of the person receiving the estray;

(B)     Date of receipt of estray;

(C)     Method of claim to estray (owner, purchaser at sale);

(D)     If purchased at sale, the amount of gross purchase price;

(E)     Amount of estray handling fees paid;

(F)     The net proceeds of the sale.

(6)     The animal control officer has filed the "Affidavit of Receipt" in the "Estray Book."

(1977 Code of  Ordinances, Chapter 3, Article 4, Section 3)

Sec. 2.404     Fees

For each and every estray taken and impounded, there shall be paid to the City of Watauga by the owner thereof or his agents, the sum as provided for in the fee schedule found in the appendix of this code for the taking and impounding of the estray and the further sum as provided for in the fee schedule found in the appendix of this code per day, except for the first day and every subsequent day that the animal shall remain in the custody of the animal control officer, such fee being charged for the care and feeding of such animal. The owner shall also pay for any veterinarian or drug fees incurred on behalf of the animal while it is in the custody of the city.  (Ordinance 1004 adopted 5/22/00)

Sec. 2.405     Sale of Estray

(a)     If the ownership of an estray is not determined within fourteen (14) days following the final advertisement required by this article, title to the estray rests in the city and the animal control officer shall then cause the estray to be sold at a public auction.

(b)     Title to the estray shall be deemed vested in the animal control office for purposes of passing a good title, free and clear of all claims to the purchaser at the sale.

(c)     The purchaser of estray at public auction may take possession of the animal upon payment thereof.

(d)     The disposition of the proceeds derived from the sale of an estray at public auction will be as follows:

(1)     Pay all handling fees to those entitled to receive them.

(2)     Execute a report of sale of impounded stock.

(3)     The net proceeds remaining from the sale of the estray after the handling fees have been paid shall be delivered by the animal control officer to the city treasurer. Such net proceeds shall be subject to claim by the original owner of the estray as provided herein.

(4)     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.

(1977 Code of Ordinances, Chapter 3, Article 4, Section 5)

Sec. 2.406     Recovery by Owner of Sale Proceeds

Within twelve (12) months after the sale of an estray under the provisions of this article the original owner of the estray may recover the net proceeds of the sale that were delivered to the city treasurer if:

(1)     The owner has provided the animal control officer with an affidavit of ownership;

(2)     The animal control officer has approved the affidavit;

(3)     The approved affidavit has been filed in the "Estray Book."

After the expiration of twelve (12) months from the sale of an estray as provided by this article, the sale proceeds, shall escheat to the city.

(1977 Code of Ordinances, Chapter 3, Article 4, Section 6)

Sec. 2.407     Use of Estray

During the periods of time an estray is held by one who impounded the estray, the estray may not be used by any person for any purpose.  (1977 Code of Ordinances, Chapter 3, Article 4, Section 7)

Sec. 2.408     Death or Escape of Estray

If the estray dies or escapes while held by the person who impounded it, the person shall report the death or escape to the animal control officer. The report shall be filed in the "Estray Book."  (1977 Code of Ordinances, Chapter 3, Article 4, Section 8)

Sec. 2.409     Breeding of Animals

It shall be unlawful for the owner or harborer of any animal listed in this article to knowingly permit or cause to be permitted the breeding of any such animal within public view.  (1977 Code of Ordinances, Chapter 3, Article 4, Section 9)

Sec. 2.410     Enclosures Required for Livestock

It shall be unlawful for any person to keep any horse, cow, cattle, sheep, or goat within one hundred feet (100') of another residence or occupied building, or any hog within five hundred feet (500') of another's residence or occupied building.  (1977 Code or Ordinances, Chapter 3, Article 4, Section 10)