The procedure upon complaint that an animal is noisy, vicious or infected with rabies shall be as follows:
(a) Upon complaint to the Municipal Court Judge of the City that any animal is noisy, vicious, dangerous or in the habit of attacking or biting persons, it shall be the duty of the Judge to immediately summon the owner or keeper of the animal to answer the complaint, and if the Judge, upon hearing, finds that such animal is guilty as alleged in the complaint, he may order the animal to be killed as a public nuisance and a menace to public safety.
(b) Upon complaint to the Municipal Court Judge of the City that any animal is suffering with rabies or that any animal has been bitten by an animal suffering with rabies, it shall be the duty of such Judge to immediately summon the owner or keeper of such animal to answer the complaint and if the Judge, upon hearing, finds that the animal is suffering with rabies infection or that the animal has been bitten by some animal suffering with rabies infection, as alleged in the complaint, he may order the animal killed as a public nuisance and a menace to public safety.
(c) Upon the finding of the Municipal Court Judge that any animal is vicious, noisy, dangerous or in the habit of attacking persons or is suffering with rabies infection, or that such animal has been bitten by any animal suffering with rabies infection, and that such animal shall be killed, the owner shall be liable for all fines and costs assessed, including the fees, fines and costs as set out in W. Va. Code 19-20-2.
(d) No dog upon which complaint has been made shall be released if either the head or property tax against such dog is delinquent, until the delinquent tax is paid. (Ord. A-897. Passed 7-5-66.)