§ 3-22. Impounding, redemption, sale procedure.

(a)

Any or all of the above described animals that may run, roam, or be at large in violation of the provisions of this division may be taken up or confined by any resident or property owner, or any agency, or employee of any resident, or property owner, or sheriff, constable or justice of the peace for the Parish of Ouachita. Whenever such animals or animal shall be taken up or confined as herein provided, the owner or owners thereof, if known, shall be notified by the person taking up or confining them; if unknown, the owner or owners thereof shall be notified by the person taking up or confining them by posting in two (2) conspicuous places along the public roads nearest the place of said taking up or confinement for ten (10) days, and by publication in the official journal of this parish within a week following the day of such taking up or confinement.

(b)

The person taking up or confining any of said animals as hereinabove provided shall receive five dollars ($5.00) per head for each head of horses, mules or cattle, and one dollar ($1.00) per head for each head of hogs, sheep or goats so taken up, together with one dollar and fifty cents ($1.50) per head per day for keeping any horses or mules so taken up, seventy-five cents ($0.75) per head per day for keeping any sheep, goats or hogs so taken up and one dollar and fifty cents ($1.50) per head for the first five (5) days and two dollars ($2.00) per head thereafter for keeping cattle so taken up.

(c)

The person, persons, or agents have within twelve (12) hours after taking up such livestock [to give] notice to the sheriff, constable, or justice of [the] peace, as the case may be.

(d)

At the expiration of one week following notice of such taking up or confinement as hereinabove provided, should the owner fail to come forward and pay the charges and penalties herein provided, it shall be the duty of the sheriff of this parish or of the constable of the ward of this parish wherein said animals are confined, upon his being notified by the owner thus to come forward and pay said charges and penalties, to proceed to sell said animals at public auction, to the highest bidder for cash, and without appraisement, to pay all costs, charges and penalties, as herein provided, said sale to be made after ten (10) days notice by publication once in the official journal of the parish. Any funds that may be realized from said sale over and above the costs, charges and penalties, shall be given by the sheriff or constable to the owner of the animals sold, if he is known, but if said owner is unknown, then such surplus funds shall be given by the sheriff or constable to the treasurer of the Parish of Ouachita, subject to their being called for by the owner or until otherwise directed by the police jury of this parish as to its disposition, provided that, in all cases of such public sales, the sheriff, constable or justice of peace conducting said sale shall, within ten (10) days after the date of such sale, make a full written report of such sale to the treasurer of Ouachita Parish, showing all the sums realized from such sales and the disposition thereof.

(e)

The fee of the sheriff or constable in the case above provided shall be five per centum (5%) of the amount of the sale and actual cost of advertising, for giving notice or for any other expenses incurred in connection therewith.

(Ord. No. 7015, § 5, 3-11-53; Ord. No. 7055, § 1, 3-12-58; Ord. No. 7102, 2-7-61; Ord. No. 7267, § 1, 2-16-70; Ord. of 11-8-76)