It shall be the duty of any Animal Control Officer, or other officer who may find a dog in the act of killing or injuring livestock or poultry, to kill such dog forthwith whether such dog bears a tag or not. Any person finding a dog committing any of the depredations mentioned in this section shall have the right to kill such dog on sight as shall any owner of livestock or his agent finding a dog chasing livestock on land utilized by the livestock; or chasing livestock on land lawfully utilized by the livestock when the circumstances show that such chasing is harmful to the livestock. Any court shall have the power to order the Animal Control Officer or other officer to kill any dog known to be a confirmed livestock or poultry killer. Any dog killing poultry for the third time shall be considered a confirmed poultry killer. The court, through its contempt powers, may compel the owner, custodian or harborer of the dog to produce the animal.
Any Animal Control Officer, who has reason to believe that a dog is killing livestock or poultry, shall be empowered to seize such dog solely for the purpose of examining such animal in order to determine whether it committed any of the depredations mentioned herein. Any Animal Control Officer or other person who has reason to believe that any dog is killing livestock, or committing any of the depredations mentioned in this section, shall apply to a magistrate of the county or town wherein such dog may be, who shall issue a warrant requiring the owner or custodian, if known, to appear before the General District Court at a time and place named therein, at which time evidence shall be heard. If it shall appear that the dog is a livestock killer, or has committed any of the depredations mentioned in this section, the District Court shall order that the dog be:
(1) Killed immediately by the Animal Control Officer or other officer designated by the court, or
(2) Removed to another state which does not border on the Commonwealth and prohibited from returning to the Commonwealth.
Any dog ordered removed from the Commonwealth which is later found in the Commonwealth shall be ordered by a court to be killed immediately.
(Ord. 98-11. Passed 10-7-98; Ord. 17-04. Passed 2-15-17; Ord. 17-09. Passed 10-3-17.)