ARTICLE III


LIVESTOCK


SEC.

4-023.00 Definitions


    A.          St. Tammany Parish shall be as defined and shown in section 2-017.00 of this Code.

    B.          Rove shall mean unfenced, untethered or unattended and whereby livestock or animals roam free and unsupervised off the property of the owner or custodian thereof. (Ord. No. 221; Ord. No. 231; Ord. No. 542; Ord. No. 637; Ord. No. 83- 527; Ord. No. 83-528; Ord. No. 83-726; Ord. No. 84-78; repealed and amended by Ord. No. 85-359, adopted 03/21/85)

SEC.

4-024.00 Livestock Prohibited To Rove



    It shall be unlawful for any owner or any other person to whom the care, custody or control of the following described livestock or animals is entrusted to allow same to rove within the boundaries of the Parish. The livestock or animals prohibited to rove include any of the following species; cattle, cows, buffalo, oxen, beefalo, sheep, hogs, goats, mules, horses, and asses. (Ord. No. 221; Ord. No. 231; Ord. No. 542; Ord. No. 637; Ord. No. 83- 527; Ord. No. 83-528; Ord. No. 83-726; Ord. No. 84-78; repealed and amended by Ord. No. 85-359, adopted 03/21/85)

SEC.

4-025.00 Enforcement


    (a)     Impoundment: It shall be the duty of the Sheriff of the Parish to round up or collect any such livestock or animals allowed to rove, or found roving, in the Parish. The Sheriff shall transport same to a central corral or holding station which is under his control and/or supervision and shall hold same for reclaiming by the owner thereof for a period not to exceed thirty (30) calendar days.

EDITORIAL NOTE: Former subsections(b)(c)(d) of this section were repealed and amended by authority of Ord. No. 88-909, adopted 02/18/88.

    (b)     Notification of owner; reclamation: The Sheriff shall attempt to notify the owner thereof of the impoundment provided there is any brand or identification on the animal(s), or if the Sheriff or any of his Deputies have knowledge of the identity of the owner, however he is not obligated to make a search for the owner beyond that recited. If the owner is not known or cannot be found, the Sheriff shall give notice by advertising in a newspaper of general circulation within the Parish setting forth the fact and location of the taking of possession, a description of the livestock, that the owner is unknown, or if known, that he cannot be located. This advertisement shall notify any person claiming to be the owner of such livestock to appear before the Sheriff at a place named in the advertisement within 15 days from the date of the notice to prove such claim or ownership. If the owner appears and proves to the satisfaction of the Sheriff that he is the owner of the stock impounded, the Sheriff shall require the owner to pay the fees and costs provided for in Section 4-025.00 (c) herein, together with the costs of advertisement.

    (c)     Fees: The Sheriff shall be entitled to a fee of up to Fifty ($50.00) Dollars for the rounding up and transportation to the site of impoundment for each animal impounded. Additionally, the Sheriff is entitled to receive up to Ten ($10.00) Dollars per day per animal for the feeding of each animal, together with such additional sums as may be required to reimburse the Sheriff for veterinary or medical care, including any expenses related thereto.

    (d)     Sale at Public Auction: In the event that the owner cannot be notified, or the owner does not claim the animal impounded and pay the fees provided for herein, the Sheriff shall advertise the impounded animals for sale in a newspaper of general circulation in the Parish where the sale is to take place, the fact of said sale, the date, and the place of the sale. The place of the sale shall be at some place open to the general public within the Parish of impoundment or the nearest sale or auction barn to the place of impoundment, either in the Parish of impoundment or in the Parish adjoining Parish of impoundment, and the sale shall take place within 10 days after publication of one notice of said sale. The impounded livestock shall be auctioned to the last and highest bidder for cash.


        From the price of the said sale shall be paid the sale expenses, including any commissions due to the auction agent and expenses set out in Section 4-025.00(c) above and the balance of any funds shall be paid to the general fund of the St. Tammany Parish Sheriff's Department. (Ord. No. 221; Ord. No. 231; Ord. No. 542; Ord. No. 637; Ord. No. 83- 527; Ord. No. 83-528; Ord. No. 83-726; Ord. No. 84-78; repealed by Ord. No. 85-359, adopted 3/21/85; amended, repealed and amended by Ord. No. 88-909, adopted 02/18/88)

SEC.

4-026.00 Liability


    Neither the Sheriff nor his Deputies, agents, servants and employees, nor any person shall be liable for any injury which any such livestock or animal(s) may receive while it is (they are) being taken up or maintained in custody pending reclaiming or from the sale thereof after advertisement. (Ord. No. 221; Ord. No. 231; Ord. No. 542; Ord. No. 637; Ord. No. 83-527; Ord. No. 83-528; Ord. No. 83-726; Ord. No. 84-78; repealed and amended by Ord. No. 85-359, adopted 03/21/85)

SEC.

4-027.00 Violations


    (a)    It shall constitute a misdemeanor for the owner or person(s) to whom the care, custody and control of livestock or animals governed by the provisions of this Article is entrusted to allow same to rove within the boundaries of the Parish.

    (b)    It shall be a misdemeanor for any person to interfere with the enforcement of this Article.

    (c) Additionally, the owner or custodian thereof may be civilly liable for any damage caused or done by roving animals or livestock to the person or property of another. (Ord. No. 85-359, adopted 03/21/85)

SEC.

4-028.00 Defense To Charge Of Violation


    It shall be a defense to the charge of violation of this article if the roving of animals or livestock is not due to the fault of the owner or custodian thereof, for example, should a fence be broken and the animals escape by an act of God or by vandalism of others and same could not be reasonably detected nor repaired; however, neglect or deterioration thereof shall not be a defense. (Ord. No. 85-359, adopted 03/21/85)

SEC. 4-028.01 - 4-069.99 Reserved.