(A) (1) Whenever affidavits shall be made before the Town Judge that any dog has bitten a person in the town, and the person so bitten was not, at the time, the possessor of the said dog, the Town Judge shall issue and order directing the owner of said dog to appear before the Town Judge at a time not less than 24 hours after the issuance of said order to show cause why said dog should not be killed.
(2) After hearing upon said order to show cause if the Town Judge finds that said dog did in fact bite another person as alleged in the affidavit, the Town Judge shall issue an order directing the owner or possessor of said dog to kill it within 24 hours after receiving such order, subject, however, to the provisions of division (B) below. The owner or possessor who shall refuse or neglect to kill said dog within 24 hours after receiving such order to dispose of said animal shall be guilty of violating this subchapter, and it shall be the duty of the poundmaster forthwith to kill or destroy said dog.
(B) Upon issuance of the order to show cause, the Town Judge shall direct the Police Department to capture said dog and impound it at the expense of the owner, pending the hearing on said order to show cause. In the event, any physician shall indicate to the Town Judge that there is a possibility or probability that the dog is suffering from rabies, then in such event the execution of any order for destruction of said animal shall be delayed by the Town Judge for such period as the Town Judge deems advisable for the purpose of ascertaining if said animal is suffering from rabies. During any period that said dog is so impounded on order of the Town Judge, the owner shall be liable to the town for the cost of the care of said animal while impounded. In issuing said order to show cause, the Town Judge shall set bond of the owner of said animal in an amount sufficient to cover the anticipated cost of impounding and keeping said animal.
(Prior Code, § 8.02.150)