(A) (1) Whenever a determination has been made that any vicious dog is owned or kept as provided in this chapter, the Town Clerk, Chief of Police or Town Attorney may apply to the Municipal Court for an order to destroy the dog.
(2) Such application shall:
(a) Identify the dog;
(b) Identify the owner, if known, or the residence of the dog if the owner is not known;
(c) Identify the date and location of occurrence of one or more acts of viciousness; and
(d) Request that the owner be required to show cause why the dog should not be impounded and destroyed.
(B) Upon receipt of such application, the court shall set a date for a hearing thereon, and cause to be served on the owner, if known, and, if not known, delivered to or posted on the residence of the dog, a copy of the application and a notice of the hearing.
(C) (1) If the town demonstrates at the hearing that the dog was vicious within the meaning of this chapter, the judge may order the dog impounded and destroyed or may make such other order as in the judge’s discretion will provide adequate safety to persons or other animals.
(2) Before making such order, the judge may request any report at his or her discretion concerning the appropriate disposition of the dog.
(D) Any trial for any offense under this chapter shall also constitute a hearing under this chapter and upon a showing sufficient to support a finding of viciousness under this chapter, the judge may make orders authorized by this chapter.
(Ord. 3-07, passed 12-12-2007)