42-03 Dogs as Public Nuisance
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<![CDATA[CHAPTER 42-03DOGS AS PUBLIC NUISANCE42-03-01. When dogs are a public nuisance. Any dog that habitually molests a persontraveling peaceably on the public road or street is a public nuisance. Upon written complaint to a<br>district or municipal judge describing the dog, giving the name of the dog and the dog's owner if<br>known, and, if not, so stating, and alleging that the dog is a public nuisance, the district or<br>municipal judge shall give notice to the dog's owner that a complaint has been filed that the dog<br>has been molesting certain persons and that the owner shall take the necessary action to prevent<br>the dog from any further violations of this chapter. If the district or municipal judge receives a<br>further complaint regarding the dog after notice has been given under this section, the judge shall<br>issue a summons, if the owner is known, commanding the owner to appear before the judge in<br>the same manner as other court summonses.42-03-02. Owner of dog not known. If it appears from the complaint that the owner isnot known, ten days' notice shall be given by publication in one issue of a newspaper having<br>wide circulation in the area. Such notice shall contain a description of the dog as given in the<br>complaint, a statement that such complaint has been made, and the time and place of hearing<br>thereon.42-03-03.Hearing - Judgment - Execution.On the day of hearing the district ormunicipal judge shall hear the evidence in the case. If the judge finds that the dog is a public<br>nuisance, judgment must be entered accordingly, and the judge shall order any peace officer to<br>kill and bury the dog, which order the peace officer shall forthwith execute.42-03-04. Costs. Costs shall be paid by the complainant, but if the dog is adjudged anuisance, and the owner is known, judgment shall be entered against the owner for such costs.Page No. 1Document Outlinechapter 42-03 dogs as public nuisance]]>