Sec. 206-26. - Livestock running at large prohibited.

That from and after the date upon which this act [article] becomes effective, it shall be unlawful for any horses, asses, mules, cattle, swine, sheep, goats and other livestock and grazing animals (not including dogs) to run or roam at large in Pasco County, Florida.

(Laws of Fla. ch. 24798(1947), § 1)

Sec. 206-27. - Duty of owner to prevent livestock at large.

All persons, parties, firms or corporations owning any of the above enumerated livestock in section 202-26 are hereby required to keep and prevent the same from running or roaming at large in Pasco County, Florida. Any owner of any livestock hereinabove enumerated, who shall wilfully permit or allow such animals to run at large in violation hereof shall be guilty of a misdemeanor and upon conviction thereof shall be punished according to law.

(Laws of Fla. ch. 24798(1947), § 2)

Sec. 206-28. - Liability of owner.

The owners of any animals enumerated in section 202-26 running at large in said county shall be liable and answerable to persons injured in his person or property by the trespasses and depredations of such animals, when such animals are so running or roaming at large and which damages may be recovered by suit in any court having jurisdiction.

(Laws of Fla. ch. 24798(1947), § 3)

Sec. 206-29. - Impounding officers.

That the sheriff of Pasco County shall, as soon as practicable after the passage of this act [article], appoint an impounding officer, which said appointment shall be confirmed by the county commissioners of Pasco County, Florida; provided, however, that confirmation of such appointment cannot be withheld by the county commissioners or refused except for good cause, which said impounding officer shall receive a salary not in excess of $250.00 per month, and which said salary may be paid from the public funds of said county or from the proceeds of the impounding fees or sale of animals herein provided for or from both sources. That assistant impounding officers may be appointed in the same manner, who shall receive a compensation of not more than $225.00 per month, payable in the same manner. That said impounding officer or any assistant impounding officers when appointed as aforesaid may be discharged by the sheriff of said county and upon confirmation of such discharge by the county commissioners of said county; provided, however, that the county commissioners cannot withhold or refuse confirmation of such discharge of such impounding officer or assistant impounding officer except for good cause. Provided further that whenever it shall appear to the sheriff and the county commissioners of Pasco County, Florida, that the services of the impounding officer or assistant are no longer necessary that such impounding officer or assistant may be discharged upon 30 days' notice to the impounding officer or assistant impounding officer whose services are no longer deemed necessary. Thereafter should it appear to the sheriff and the board of county commissioners of said county to be necessary to reappoint an impounding officer or assistant impounding officers, then and in that event an impounding officer or assistant impounding officer may be appointed as herein provided for.

(Laws of Fla. ch. 24798(1947), § 4)

Sec. 206-30. - Duty of sheriff, constables, impounding officers; pound charges.

That any person may, and it shall be the duty of the impounding officer and the sheriff of said county and all of the constables of the said county, to take or cause to be taken up or impounded any of said animals or said livestock running or roaming at large within said county, and may demand fees for any impounding, service notice, care and feeding, advertising, and disposing of impounded animals in accordance with F.S. § 588.18 and any subsequent amendments thereto. The person having charge of said animal or animals is hereby required to feed, water and give such care as is necessary to keep and maintain such stock in as good condition as when impounded.

(Laws of Fla. ch. 24798(1947), § 5; Laws of Fla. ch. 85-484, § 1)

Sec. 206-31. - Notice of impounding.

When any of the above enumerated livestock [enumerated in section 206-26] are impounded by a person other than the sheriff or his deputy, the impounder shall forthwith notify the sheriff of Pasco County, Florida, giving a full and accurate description of the animal impounded including the marks and brands, if any, together with the date upon which said animal was taken up and impounded, the place where impounded and the name and post office address of the owner or person in charge of said animal, if known to the impounder. Upon receipt of the notice, as aforesaid, or upon the impounding of any livestock by the sheriff or his deputy, the sheriff shall forthwith notify the owner, his agent, or the person having charge of the impounded animal, that an animal belonging to the said owner or in charge of such other person has been impounded; however, notice by the sheriff shall be unnecessary in cases where the impounder or person taking up said animal shall have so notified the said owner, his agent or person in charge of the said animal. The mailing of a written notice to the owner, his agent, or person in charge of said livestock shall be taken as proper notice and may be made in lieu of personal notice. In case the owner or person in charge of said livestock be unknown to said impounder or to the said sheriff, then the above and foregoing notice to the owner, his agent or person in charge, may be omitted; provided, however, a notice, addressed to "all whom it may concern," containing a description of the animal impounded, and notifying all persons interested in said animal to redeem the same within three days from and after the posting of said notice, shall be posted by the sheriff at the front door of the courthouse.

(Laws of Fla. ch. 24798(1947), § 6)

Sec. 206-32. - Failure to redeem impounded animals.

That unless the said impounded animal be redeemed within two days from and after personal notice to the owner, his agent or to the person in charge of the animal, as aforesaid, or within three days from and after the mailing of the notice or the posting of the notice of owner unknown, as aforesaid, by paying to the impounder or other person or persons entitled thereto, or their lawful agents, all costs and charges herein provided, the sheriff shall forthwith give notice that on a day certain, to be designated in said notice, he will sell the said impounded animal at public auction for cash to the highest bidder to pay the impounding charges thereon, which notice shall state the place, day and hour of sale, and shall give the number and kind of animals to be sold, together with the name of the owner, if known. That the said sale shall be held not less than five nor more than ten days from and after the publication or the posting of said notice, as hereinafter provided. That the said notice may be served, either by publishing it in a newspaper of general circulation published in Pasco County, Florida, or by posting it at three conspicuous places in said county, one of which shall be at the courthouse door. That the sheriff, at the place, day and hour mentioned in the aforesaid notice, shall sell said animal at public auction for cash, unless the same shall be redeemed before said sale. Upon payment of the purchase price at such sale, the sheriff shall forthwith deliver to the purchaser a bill of sale for such animal, which shall fully vest title to the same in the purchaser.

(Laws of Fla. ch. 24798(1947), § 7)

Sec. 206-33. - Disposition of unsold animals.

If there be no bidder for the said animal at the sale aforesaid, the sheriff shall kill or cause the same to be killed and shall dispose of the carcass thereof and if there be any money received by him on account of the said disposal, the same shall be used in the same way as would monies received from a sale thereof.

(Laws of Fla. ch. 24798(1947), § 8)

Sec. 206-34. - Disposition of proceeds of sale.

That out of the proceeds of the aforesaid sale, the sheriff shall retain his fees for impounding and keeping said animal together with his costs which shall be the same as are now or shall hereafter be allowed sheriffs for sale under execution, and shall pay over to the proper person or persons all costs of impounding and keeping of said animal if impounded or kept by someone other than said officer making said sale, and shall turn over any balance to the clerk of the circuit court to be disposed of as hereinafter provided. If the amount realized from the said sale or other disposition of the animal is not sufficient to pay all fees and costs, the deficit shall be paid by Pasco County, from its fine and forfeiture fund.

(Laws of Fla. ch. 24798(1947), § 9)

Sec. 206-35. - Disposition of fees collected by impounding officers.

That in the event the aforesaid sale is made of or fees collected for animals impounded by the impounding officer or any of his assistants receiving a salary as herein provided for, all such fees or proceeds of such sale shall be turned over to the clerk of the circuit court to be disposed of as hereinafter provided.

(Laws of Fla. ch. 24798(1947), § 10)

Sec. 206-36. - Impounding pens.

That the county commissioners of Pasco County, Florida, shall provide for the keeping of any livestock taken up and impounded hereunder, until sold, redeemed or otherwise disposed of, in which case the fees for keeping said livestock shall be payable to said county. The county commissioners of Pasco County, Florida may establish and maintain impounding pens at such places in the county as they may deem advisable and may expend public funds to establish and maintain such impounding pens.

(Laws of Fla. ch. 24798(1947), § 11)

Sec. 206-37. - Return of sale by sheriff to clerk of circuit court; rights of owner.

That the sheriff, upon making sale as aforesaid, shall make a written return thereof to the clerk of the circuit court of Pasco County, Florida, with a description of the animal sold by him, which return and description shall be filed by the said clerk. That, at any time within three months from and after the filing of the said return, the owner of the animal sold, upon making satisfactory proof of ownership to the board of county commissioners, shall be entitled to have the balance of the purchase money paid over to him, if any. If proof of ownership, as aforesaid, be not made within the time named, the clerk shall pay the proceeds of said sale into the fine and forfeiture fund of said county.

(Laws of Fla. ch. 24798(1947), § 12)

Sec. 206-38. - Transport of impounded animals.

That in the event it is necessary to provide for the transportation of livestock by vehicle from the place of capture to place of impoundment, such transportation shall be done under the supervision of the impounding officer and such expenses may be defrayed by the county commissioners of Pasco County out of the public funds, but charges therefor shall be assessed against the impounded livestock so transported as costs and shall be collected as herein provided for collection of other costs. Provided, however, that such costs of transportation shall not exceed $0.15 per mile.

(Laws of Fla. ch. 24798(1947), § 13)

Sec. 206-39. - Redemption by owner before sale.

That the owner of said animals shall have the right at any time before the sale thereof to redeem and repossess the same, by paying all impounding fees, keeping charges, advertising or other costs incurred.

(Laws of Fla. ch. 24798(1947), § 14)

Sec. 206-40. - Jurisdiction of deputy sheriffs.

That all acts, matters and things herein required to be done and performed by the sheriff may be done and performed by the said sheriff acting through his lawful deputy or deputies.

(Laws of Fla. ch. 24798(1947), § 15)

Sec. 206-41. - Livestock straying from outside county.

That this act [article] shall take effect as to livestock customarily kept and ranging in other counties but straying into Pasco County, Florida upon the erection of a fence as hereinafter provided.

(Laws of Fla. ch. 24798(1947), § 17)

Sec. 206-42. - Construction by county of fence and cattle gaps.

The board of county commissioners of Pasco County, Florida are hereby authorized and empowered to construct as soon as practicable a fence sufficient to prevent the entrance or intrusion of livestock along the boundary lines of said county as may not have natural barriers and abutting the counties or areas of counties other than Pasco County where such livestock may lawfully roam at large. Provided further that the county commissioners may provide for construction of cattle gaps at the boundary line of said county for roads crossing said boundary line. Provided further that wherever natural barriers exist sufficient to prevent the entrance of livestock, no fence shall be required.

(Laws of Fla. ch. 24798(1947), § 18)