§ 4-109. Destruction or confinement of vicious animals; animals running loose.

(a)

A show-cause proceeding may be brought in the district court to show-cause why an animal or dog should not be destroyed, upon a sworn complaint that any of the following exist:

(1)

A dog or animal has attacked or bitten a person without provocation.

(2)

A dog or animal has shown vicious habits or tendencies.

(3)

A dog or animal has been found to be running at large more than two times in the last year.

(4)

A dog or animal, on more than two occasions, has destroyed property or caused damage by trespassing on the property of a person who is not the owner of the dog or animal.

(b)

After a hearing, the district court may either order the dog or animal destroyed or confined to the premises of the owner. If after the court orders the dog or animal confined to the premises of the owner, the dog or animal again gets loose, the district court shall order the dog or animal destroyed. Costs for any of these proceedings shall be borne by the owner of the dog or animal.

(c)

A summons may be personally served on the dog or animal owner at least seven days before the show-cause referred to in subsection (a) of this section. If the owner cannot be served personally, the city may obtain a court order for substituted service in the manner provided under the state court rules.

(Ord. No. 326, § 5-55, 6-11-2007)