§ 7-140. Release for adoption, humane destruction, or sale at public auction of unclaimed livestock; publication of notice; extension of time to pay fees.

(a)

If impounded livestock has not been released to the owner within 14 calendar days, the director of animal control shall arrange for the release for adoption, humane destruction, or sale at public auction of the livestock, as provided in sections 7-141, 7-142, and 7-143.

(b)

Except in the circumstances set forth in section 7-142(a), prior to the release for adoption or humane destruction of livestock, the director of animal control shall publish for seven consecutive days in a newspaper of general circulation in the area where the animals were found a notice stating the date on which the animals shall be released for adoption or destroyed and also stating that failure of a person having an interest in the animals to claim them by the specified date shall result in their forfeiture. The notice shall state the kind, sex, age, and brand of the livestock and the date and location where the animals were picked up, but shall not contain any statement as to the color of the animals, any marks or other distinguishing features, or the location of the impounded animals. The notice shall inform persons with an interest in the livestock that they may present any objections to the release for adoption or destruction of the animals to the director of animal control in writing prior to the date specified for the animal's disposition.

(c)

Prior to sale at public auction of livestock, the director of animal control shall publish for seven consecutive days in a newspaper of general circulation in the area where the animals were found a notice stating the date, place, and time of sale. The notice shall identify the animals in the manner specified in subsection (b) of this section. The notice shall state that proceeds from the sale of the livestock may be claimed as provided in section 7-143(b) and that failure to claim the proceeds within the time specified in section 7-143(b) shall result in their forfeiture. The notice shall inform persons with an interest in the livestock that they may present any objections to the sale at public auction of the animals to the director of animal control in writing prior to the date specified for the animals' disposition.

(d)

In addition to publishing notices as required by subsections (b) and (c) of this section, the director of animal control shall send to any person known to have an interest in impounded livestock seven days' written notice by first class mail of the pending release for adoption, humane destruction, or sale at public auction of the animals. The notice shall contain information specified in this section.

(e)

If, following the notice, the owner fails to secure the release of the livestock, the livestock may be released to any person having an interest therein upon completion of an affidavit of interest and payment of fees as provided in section 7-139.

(f)

If a person claiming an interest in the livestock objects in writing to the release for adoption, destruction, or sale at public auction of the animals, the supervisor of animal control shall hear the reasons for the objection and render a decision prior to the disposition of the animals.

(g)

If a person having an interest in the livestock completes an affidavit of ownership or interest prior to the release for adoption, humane destruction, or sale at public auction of the livestock, but is unable to pay the required fees for release of the livestock, the animal control director shall grant to the person a reasonable extension of time in which to pay the fees before release for adoption, humane destruction, or sale at public auction of the animals.

(h)

"Interest," as used in this section and in section 7-143, means legal interest and includes ownership interest, security interest, and statutory and judicial liens.

(Code 1988, § 7-83; Ord. No. O-22-03, § 1, 6-5-2003)