§ 4-39. Impoundment of livestock running at large or straying; disposition of such livestock.

(a)

The department shall impound any livestock found to be running at large or straying. Upon the impoundment of any at large or straying livestock into the animal control facility, the director shall have the owner of the livestock served with written notice, advising the owner of the location or place where the livestock is being held and impounded, the amount due by reason of such impounding, and that unless the livestock is redeemed within three (3) days from the date of receipt of the notice, the livestock will be disposed of as provided herein.

(b)

In the event the owner of the livestock is unknown or cannot be found, service upon the owner shall be obtained by once publishing notice in a newspaper of general circulation where the livestock is impounded (Sundays and holidays excluded). The notice shall be in the following form:

To Whom It May Concern:

You are hereby notified that the following described livestock (giving full and accurate description of same, including marks and brands) is now impounded at (giving location where livestock is impounded) and the amount due by reason of such impounding is ____________ / ____________ / ____________ dollars. The above described livestock will, unless redeemed within three (3) days from date hereof, be offered for sale at public auction to the highest and best bidder for cash.

____________
(Date)

____________ ____________
Director of Animal Services of Osceola County, Florida

(c)

Unless the impounded livestock is redeemed within three (3) days from the date of notice, the department shall give notice of sale, which shall be held not less than five (5) days nor more than ten (10) days, excluding Sundays and legal holidays, from the date of publication of the notice of sale. Said notice of sale shall be published in a newspaper of general circulation in the county (excluding Sundays and holidays) and by posting a copy of such notice at the courthouse door. Such notice of sale shall be in substantially the following form:

To  ____________ ____________
(Name of owner, if known, otherwise To Whom It May Concern):

You are hereby notified that I will offer for sale and sell at public sale to the highest and best bidder for cash the following described livestock (giving full and accurate description of each head of livestock) at ____________ / ____________ / ____________ o'clock, ____________ .m. (the hour of sale to be between 11 a.m. and 2 p.m. Eastern Standard Time) on the ____________ day of ____________ at the following place (which place shall be where the livestock is impounded or at the place provided by the County Commissioners for the taking up and keeping of such livestock) to satisfy a claim in the sum of ____________ for fees, expenses for feeding and care and costs hereof.

____________
(Date)

____________ ____________
Director of Animal Services of Osceola County, Florida

(d)

Notwithstanding the requirements above, the department may offer for adoption or humanely dispose of stray livestock, excluding cattle. If the livestock is to be offered for adoption or humanely disposed of, the department shall:

(1)

Provide written notice to the owner, if known, advising the owner of the location where the livestock is impounded and of the amount due by reason of the impounding, and that unless the livestock is redeemed within three (3) business days, the livestock will be offered for adoption or humanely disposed of; or

(2)

If the owner is unknown or cannot be located, obtain service upon the owner by publishing notice on the department's website. If the livestock is not redeemed within three (3) business days, the livestock will be offered for adoption or humanely disposed of.

(e)

In the event that the livestock is not bid upon at the sale, the department may either offer the livestock for adoption, take the livestock to a bona fide market, humanely destroy the livestock or cause same to be humanely destroyed and thereafter dispose of in a proper manner.

(f)

In such an event that disposition of the livestock produces revenue, the proceeds shall be distributed as follows:

(1)

First, to cover the cost of the sale;

(2)

Second, to cover any costs incurred by the county in impounding and for caring for the animal;

(3)

All remaining proceeds shall be paid to the owner, if known.

(Ord. No. 2017-49, § 1, 8-7-17)