A. Upon sworn complaint to a court of proper jurisdiction that any one of the following facts exist:
1. Any domestic animal at any time has destroyed property or habitually trespasses in a damaging manner on property of persons other than the owner;
2. Any domestic animal at any time has attacked or bitten a person outside the owner's or custodian's premises;
3. Any domestic animal is vicious or shows vicious habits or molests pedestrians or interferes with vehicles on the public streets or highways;
4. Any domestic animal is a public nuisance as hereinbefore defined; or
5. Any domestic animal is running at large in violation of this chapter;
the presiding officer of said court shall issue a summons directed to the owner of said domestic animal commanding to appear before said court to show cause why said domestic animal should not be seized and killed by any police officer or the poundmaster, or otherwise disposed of in the manner authorized in this chapter. Such summons shall be returnable not less than two (2) nor more than six (6) days from the date thereof and shall be served at least two (2) days before the time of appearance mentioned therein. Upon such hearing and finding the facts true as complained of, the court may either order the domestic animal killed or order the owner or custodian to remove it from the city, or may order the owner or custodian to keep it confined to a designated place. If the owner or custodian violates such order, any police officer or the poundmaster may impound and summarily kill any domestic animal described in such order. The provisions of this section are in addition to and supplemental to other provisions of this chapter.
B. Costs of the proceeding specified by this section shall be assessed against the owner or custodian of the domestic animal, if the facts in the complaint are found to be true or to the complainant if the facts are found to be untrue. (Ord. 243, 4-23-2007)