A. Any person may kill an animal in self-defense or in defense of another when the animal without undue provocation, bites him or the other, or attacks, or attempts to bite or attack, him or the other in such manner that an ordinarily prudent person would be led to believe that the person toward whom the efforts of the animal are directed is about to be bitten or otherwise physically harmed.
B. If any animal within the town shall bite, scratch or otherwise attack any person, or if any person files a complaint alleging an animal to be vicious, the municipal court shall have the authority to order and hold a hearing. The judge may find an animal to be vicious if, among other factors, the person so attacked was not at the time trespassing upon the property of the owner or person having control of such animal, or if it cannot be proved beyond a reasonable doubt that the person so attacked was provoking or teasing the animal. If the judge shall determine at such hearing that such animal is vicious or dangerous to persons or other animals, the court may order that such animal be kept muzzled, or that such animal be kept within a sufficient enclosure, or that such animal be delivered to the animal control officer and by him destroyed.
C. It is the duty of the police chief, upon being notified that a person alleges an animal is vicious and has filed a verified complaint, to seize and impound the animal. If the judge finds the animal is not vicious, he shall order the animal returned to the owner. If the judge finds the animal is vicious, he shall order the animal to be destroyed. However, if the owner of such animal shall post a two hundred fifty dollar ($250.00) bond, the court shall return the animal to the owner on condition the owner shall abate and prevent the viciousness. No animal shall be returned unless same is vaccinated, registered, and licensed as required.
D. It is unlawful to keep, harbor, possess or own a vicious dog. (1985 Code; amended 1988)