§ 5-21. Destruction.

(a)

A court of proper jurisdiction may issue a summons directed to the owner or custodian of a dog or cat commanding him to appear before the court to show cause why the animal should not be seized and destroyed by any police or animal control officer, or otherwise disposed of in the manner authorized in this article upon sworn complaint being made to the court that any one of the following facts exist:

(1)

The animal at any time has destroyed property or habitually trespasses in a damaging manner on property of persons other than the owner;

(2)

The animal has attacked or bitten a person outside the owner's or custodian's premises;

(3)

The animal is vicious or shows vicious habits or molests pedestrians or interferes with vehicles on the public rights-of-way or highways;

(4)

The animal is a nuisance as defined; or

(5)

The animal is running at large in violation of this article.

(b)

The summons shall be returnable not less than two or more than six days from the date of service thereof and shall be served at least two days before the time of the appearance mentioned therein. Upon hearing and finding the facts true as complained of, the court may either order the animal destroyed or order the owner or custodian to remove it from the city, or may order the owner or custodian to keep it confined to a designated place. If the owner or custodian violates such order any police or animal control officer may impound or destroy any animal described in such order.

(c)

Costs of the proceedings authorized by this section shall be assessed against the owner or custodian of the animal if the facts in the complaint are found to be true, or to the complainant if the facts are found to be untrue.

(Ord. No. 24-C, § 22, 7-12-76)