The payment to any owner of livestock, poultry or equidae of monies out of the Animal Control Fund for damages resulting from loss or injury to any of these animals, shall not be a bar to action by the owner against the owner of the dog committing such injury or causing the loss for the recovery of damages therefor. The Court or jury, before which the action is tried, shall ascertain from evidence what portion, if any, of the damages sought to be recovered in such action has been paid to the plaintiff in the action by the County Treasurer, and in case the plaintiff in the action recovers damages, the Court shall enter judgment against the defendant, in the name of the plaintiff for the use of the county, for the amount which the plaintiff has received on account of the damages from the County Treasurer, and the residue of the recovery, if any there be, shall be entered in the name of the plaintiff in the action to his or her own use. If the amount of the recovery in the action shall not equal the amount previously paid the plaintiff on account of damages by the County Treasurer, then the judgment shall be entered as heretofore stated for the use of the Animal Control Fund, for the full amount of the recovery. The judgment shall show on its face what portion of the judgment is to be paid to the Animal Control Fund, and what portion is to be paid to the plaintiff in the action, and the judgment when collected shall be paid over to the parties entitled thereto in their proper proportions.
(1993 Code, § 50.118) (Ord. 92-10, passed 11-18-1992; Ord. 2003-08, passed 11-19-2003; Ord. 2006-07, passed 6-21-2006; Ord. 2022-01, passed 3-16-2022)