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SECTION 21 LIVESTOCKA. Livestock Fences Every owner of livestock shall erect and/or maintain a fence to contain and confine all livestock kept or maintained on his/her premises. Such fence shall be sufficiently strong and substantial so as to prevent egress of livestock. Failure to so erect and/or maintain the fence in reasonably good condition shall be deemed a violation of this Ordinance. The owner of livestock shall, within twenty-four (24) hours of initial warning from the Division, repair or erect a fence and/or make arrangements for the placement of livestock so as to have the livestock confined. If the fence is not repaired or erected, or arrangements have not been made for the placement of livestock within the twenty-four (24) hour period, the owner may receive a civil citation. B. Livestock at Large Any owner of livestock who unlawfully, intentionally, knowingly or negligently permits the same to run at large or stray upon any street, roadway, right-of-way, other public area or the private property of another without consent shall be deemed to be in violation of this Ordinance. C. Authority to Impound Livestock Running at Large or Strays It shall be the duty of the sheriff or his deputies, or any other law enforcement officer of the county and/or the Division to pick up, confine, hold and impound any livestock found to be running at large or straying, to be disposed of as hereinafter provided. D. Disposition of Impounded Livestock 1. Upon impounding of any livestock by the Division, the Division shall forthwith serve written notice upon the owner, advising such owner of the location or place where the livestock is being held and impounded, of the amount due by reason of such impounding and that unless such livestock be redeemed within three (3) days from the date thereof that the same shall be offered for sale. 2. In the event the owner of such livestock is unknown or cannot be found, service upon the owner shall be obtained by once publishing a notice in a newspaper of general circulation where the livestock is impounded (holidays excluded). Such notice shall be in substantially 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 qualified bidder for cash. (DATE) of Palm Beach County, Florida." 3. Unless the impounded livestock is redeemed within three (3) days from date of notice, the Division shall forthwith give notice of sale thereof which shall be held not less than five (5) days nor more than ten (10) days (excluding Sundays and holidays) and by posting a copy of such notice at the main courthouse. Such notices of sale shall be in substantially the following form: "(Name of owner, if known, otherwise, To Whom it May Concern) You are hereby notified that the Animal Care and Control Division will offer for sale and sell at public sale to the highest and best qualified 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 11:00 A.M. and 2:00 P.M., Eastern 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 Board 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) of Palm Beach County, Florida." E. Livestock at Large, Fees The fees allowed for impounding, serving notice, care and feeding, advertising, personnel time and disposing of impounded animals shall be determined by resolution of the Board. The owner of livestock is responsible for all costs incurred and payment of said costs must be made prior to the release of the impounded livestock. F. Bidder Requirements Bidders are required to pre-register and pre-qualify with the Division. The Division has the authority of final approval for the auction and release of any animals in its custody. G. Failure to Secure Purchaser or Insufficient Funds to Defray Certain Costs If there be no qualified bidder for such livestock at the sale aforesaid, the Division shall either offer the livestock for adoption, or kill, or cause to be killed, the same and shall dispose of the carcass thereof. If there be any money received by the Division on account of the disposal, the same shall be disbursed in the manner hereinafter provided; and, if there be no ready sale for the animal, the Division shall forthwith offer the animal for adoption, or its carcass, to a public institution of the county, state or municipality or to a private charitable institution. H. Obligation of Owner The owner of any impounded livestock shall have the right at any time before sale thereof to redeem the same by paying to the Division all impounding expenses, including fees, keeping charges, advertising, personnel time and other costs incurred therewith. The owner shall not circumvent these requirements by obtaining the animal through the auction process either directly or indirectly. The owner shall be responsible for paying the difference in cost (should there be any) between the amount that is received for the animal at the auction and that actual amount due to the county. In the event there is a dispute as to the amount of such costs and expenses, the owner may give bond with sufficient sureties to be approved by the Division, in an amount to be determined by the Division, but not exceeding the fair cash value of such livestock, conditioned to pay such costs and damages; thereafter, within ten (10) days, the owner shall institute suit in equity to have the damage adjudicated by a court of equity or referred to a jury if requested by either party to suit. I. Equine Infectious Anemia/Coggins 1. All horses moving within the county must have a report of a negative Coggins (EIA) test conducted within the previous twelve (12) months. A foal under six (6) months of age, is exempted from test requirements when accompanied by its dam which has a report of a negative Coggins test conducted within the past twelve (12) months. 2. All horses other than those sold for slaughter, must have a report of a negative Coggins test conducted within the previous twelve (12) months for change of ownership. The negative Coggins test report must be provided to the new owner or custodian at the time of change of location or ownership.
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