§ 8.103 DESTRUCTION.
   (A)   A court of proper jurisdiction may order the destruction of any animal, or may order the owner or custodian to keep said animal confined to a designated place, upon a hearing as hereinafter provided.
      (1)   A summons shall be issued to the owner of said animal commanding him to appear before said court and show cause why said animal should not be seized by the Poundmaster or otherwise disposed of in the manner authorized by this chapter. Said summons shall issue upon sworn complaint that any of the following facts exist:
         (a)   That the animal has destroyed property or habitually trespassed in a damaging manner on the property of persons other than the owner.
         (b)   That the animal has attacked or bitten a person outside the owner’s or custodian’s premises.
         (c)   That the animal is vicious or exhibits vicious or ferocious tendencies, or molests pedestrians, or interferes with vehicles on public streets or highways.
         (d)   That the animal is a public nuisance as heretofore defined; or
         (e)   That the animal is running at large in violation of this chapter.
      (2)   Such summons shall be returnable not less than two, nor more than six days from the date thereof and shall be served at least two days before the time of appearance mentioned therein.
      (3)   The court shall make findings of fact regarding the allegations of the sworn complaint.
   (B)   The costs of any proceeding brought pursuant to this section shall be assessed against the prevailing party. The remedies provided by this section are supplemental to other provisions of this chapter.
   (C)   Any animal which presents a clear and immediate danger to city residents because it is infected with rabies (hydrophobin) or because it is of a clearly demonstrated vicious or ferocious nature, may be summarily destroyed after the Poundmaster has made reasonable attempts to impound such animal.
(`77 Code, § 8.104) (Am. Ord. 1658, passed 1-27-20; Am. Ord. 1673, passed 4-25-22)